Earnings arrestment - is it invalid?

nickynack

Hi

Just recd a EA for an old car debt. The employers name is wrong as I dont work there anymore. They have spelt both my first and last name wrong on the schedule. Does this make it invalid?

Thanks :beer:

chevalier

just bumping this as I have no idea.
hope someone else can help
chev

fermi

They are going to have no luck enforcing it with the details wrong.

But I'm not up to speed on the Scottish claims system, however there is useful info here:

Link: Factsheet | Enforcing a Debt against you by Diligence

In particular this bit:

What is an earnings arrestment?

The sheriff's officer sends your employer a 'schedule of arrestment' by recorded delivery. You should be sent a copy. The schedule orders your employer to make deductions from your wages at the rate set out in the tables at the end of this fact sheet.

Depending upon whether you are paid weekly, monthly or at some other interval, your employer must make the correct deductions each pay day and send the money to the sheriff officer. If they don't do this the employer becomes personally liable to pay the amount they should have deducted. The deductions will be made from your net income, i.e. after tax, national insurance and 50% of your pension contributions.

INFORMATION
The schedule of arrestment tables at the end of this fact sheet show how the deductions are calculated.

Phone us for advice 0808 808 4000

What can I do about an earnings arrestment?

Unless the debt is for Council Tax, Poll Tax (or other tax) you may still be able to apply for a time to pay order.

FACT SHEET
We have a fact sheet on 'Time to pay directions and orders', which may be of assistance to you. If this is granted, the earnings arrestment will be withdrawn. Alternatively you can negotiate with the creditor to agree a fixed deduction each pay day from you wages to go to the creditor. This avoids your employer having to do a separate calculation each pay day.

Some employers can be annoyed at the inconvenience of making the deductions. In some jobs, e.g. the police, being in debt may be a disciplinary offence. If you are in a job handling money, an earnings arrestment could put your job at risk.
You may want to use this as a negotiation tactic. Explain to your creditors that if they do an earnings arrestment you may lose your job and then they will get even less money.

If the information in the 'schedule of arrestment' is incorrect then you may have a duty to inform the sheriff's officer of this, so I would perhaps take some advice on this.

nickynack

Thanks!

So they definately have no hope of enforcement then?

Ill phone the debtline on monday morning, and see what they say in regards to having to inform the courts (it does not say anything regarding that on the schedule).

fermi

nickynack wrote: »

So they definately have no hope of enforcement then?

I wouldn't like to say that, since as soon as they are unable to set it up I would think they will be after you for the correct details.

You are best getting some advice on how you can deal with the whole situation, rather than counting on them not being able to enforce the arrestment.