Bank Account arrestment

kt33uk

Hoping I have posted this in the right place. We have received a letter this morning from our bank to say they are going to arrest our bank account. The letter is in my husband's name but the account is a joint account - him and still in my maiden name. The account is solely funded by the following benefits.

Incapacity Benefit
Income Support
DLA
CTC
Child Benefit
Carers Allowance

I was reading something that said that money couldn't be taken from benefits but the sheriff officer said this was nonsense.

The letter says 'The arrestment procedure is normally used in Scotland with a court action to secure payment of a debt. By this procedure, either before or after any final decision has been reached by the court in relation to the court action, a court can order the Bank to freeze or 'attach' money held in a customer's account.

In this case we have 'attached' funds held in your account(s) in accordance with the arrestment notice received. In addition to the sum claimed it is our policy to attach an additional sum, either £50 or 10% of the amount claimed which ever is greater, to cover the 'more or less' element referred to in the arrestment notice served on us.'

I am confused by the additional sum part. Does this mean that every time this comes off the bank will charge us an extra £50.Any help/advice would be greatly appreciated.

rog2

hi kt - Welcome to DFW

Scottish Law does vary from that in England and Wales. However, I am pretty sure that there are 'protections' for benefit payments.
May I suggest that you talk with either:

National Debtline - http://www.nationaldebtline.co.uk/scotland Tel. 0808 808 4000

or;

Scottish Debtline - http://www.scottishdebtline.co.uk Tel 0800 138 3328

The above Debt Counselling Charities will be able to offer clarification, plus free, professional and impartial advice on what you should do next.

Good luck