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Council Tax/George Walker Earnings Arrestment...rules?


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My partner has an earnings arrestment in place for council tax arrears and it seems like its been going on forever. Basically, George Walker gits phoned him and said you have x amount of arrears, what you gonna do. He offered to pay a minimum of £50 per week but she said that wasn't good enough. He explained there was a new baby, obvious drop in income amongst other things but she didnt care, could he not get a loan or borrow from family (yes, that old chestnut).

 

Will deal with that complaint! But, she then said she would just arrest his wages and that was that. Next thing he knows the arrestment arrived at his work and he has been paying it ever since.

 

We have no clue how much has been paid and will be writing with a full SAR methinks but here's my question...

 

I came across details in the Bankruptcy & Diligence Act Scotland 2007 which states:

 

An earnings arrestment shall not come into effect unless, no earlier than 12 weeks before the date on which the earnings arrestment schedule is served, the creditor has provided the debtor with a debt advice and information package.

 

And also (sorry, long bit):

 

A creditor who is receiving payment from a debtor by virtue of— (a) an earnings arrestment;

(b) a current maintenance arrestment; or

© a conjoined arrestment order,

shall, provided the debt has not been extinguished, send, on or as soon as is reasonably practicable after the dates mentioned in subsection (2) below, to the employer or, in the case of a conjoined arrestment order, the sheriff clerk the information mentioned in subsection (3) below.

(2) The dates referred to in subsection (1) above are—

(a) the later of—

(i) 6 April next following service of the schedule of arrestment or, as the case may be, order; or

(ii) the day falling 6 months after the service of the schedule or order; and

(b) each 6 April thereafter.

(3) The information referred to in subsection (1) above is—

(a) the sum owed by the debtor to the creditor;

(b) the amounts received by the creditor by virtue of the arrestment or order; and

© the dates of payment of those amounts

 

Does this apply to the almighty council, should George Walker be doing any of this (never received diddly squat, neither has his employer). Are the not bothering with their obligations thinking no-one will notice?

 

Was there any provision like this in earlier Acts, for arrestments pre 2007?

 

And should they be passing the money they recover within a timescale or can they wait literally at least a full year before passing to the council? (and earning all that interest)

 

Anyone with knowledge on this would be most welcome. GW treated us terribly at a time when it was hard enough - am ready to sort that now.

 

Thanks

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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We have no clue how much has been paid

 

Have you not kept your pay chit so you can check? if not then ask your pay clerk, they will be able to give you the exact amount taken.

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