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Joemcm35

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About Joemcm35

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  1. As you correctly stated only one earnings arrestment can be in effect at any one time. As Maroondevo stated, an application can be made to the sheriff court for a Conjoined Arrestment Order (CAO) which, if granted, will replace the existing earnings arrestement. The CAO will be restricted to the same deductions as an earnings arrestment.
  2. The following information applies to all firms of sheriff officers who are collecting council tax or any other debt. Sheriff officer fees which are derived from debt enforcement (ie bank arrestment, earnings arrestment, attachment, etc) are regulated the the following http://www.legislation.gov.uk/ssi/20...0110432_en.pdf Sheriff officers must hold a Consumer Credit Licence when collecting debt, and they must adhere to the Office of Fair Trading debt collection Guidance: http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf In general this guidance states that when collecting debt they have to treat debtors fairly; be transparent when dealing with debtors; exercise forebearance with debtors exercising difficulty; and act proportionately when recovering debts given the debtors circumstances. Mis-stress - you have grounds to make a complaint under the OFT Debt Collection Guidance. In the first instance make the complaint quoting this guidance. if this is not resolved to your satisfaction then you can complain to the Financial Ombudsman Service who can investigate the complaints as debt collection comes under the Consumer Credit Licensing: http://www.financial-ombudsman.org.u...complaints.htm Your local CAB or local council money advice service should be able to assist you.
  3. The following information applies to all firms of sheriff officers who are enforcing and or collecting council tax or any other debt. Sheriff officers carrying out debt enforcement (ie bank arrestment, earnings arrestment, attachment, etc) are subject to regulations laid down by the Scottish Government. Any complaints about sheriff officers practice should be submitted to the Sheriff Principal at the local sheriff court for the area in which you reside. Sheriff officers must hold a Consumer Credit Licence when collecting debt, and they must adhere to the Office of Fair Trading debt collection Guidance: http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf In general this guidance states that when collecting debt they have to treat debtors fairly; be transparent when dealing with debtors; exercise forebearance with debtors exercising difficulty; and act proportionately when recovering debts given the debtors circumstances. Whether enforcing debt or collecting debt. sheriff oficers have to abide by data protection regulatiuons. Rachelw221 you have grounds to make a complaint under the OFT Debt Collection Guidance. In the first instance make the complaint quoting this guidance. if this is not resolved to your satisfaction then you can complain to the Financial Ombudsman Service who can investigate the complaints as debt collection comes under the Consumer Credit Licensing: http://www.financial-ombudsman.org.u...complaints.htm
  4. Local councils have the authority to issue penalty charges and the level of penalty charges are regulated by The Road Traffic Act 1991 (schedules 3 and 6). If the fine is not paid the council can enforce payment without going to court. The charge certificate is equivalent to sheriff court extract decree (court order). The council can then use sheriff officers to arrest the individual’s bank account or serve a charge for payment giving the debtor 14 days to pay the debt following which they can do the following after the charge has expired: issue an earnings arrestment his earning attach property outside the dwelling house including the car (in accordance with articles exempt from attachment) if the aforementioned actions is unsuccessful then the council can apply to the sheriff court for an exceptional attachment order to attach items within the dwelling house.
  5. The following information applies to all firms of sheriff officers who are collecting council tax or any other debt. Sheriff officer fees which are derived from debt enforcement (ie bank arrestment, earnings arrestment, attachment, etc) are regulated the the following http://www.legislation.gov.uk/ssi/2011/432/pdfs/ssi_20110432_en.pdf Sheriff officers must hold a Consumer Credit Licence when collecting debt, and they must adhere to the Office of Fair Trading Debt Collection Guidance: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf In general this guidance states that when collecting debt they have to treat debtors fairly; be transparent when dealing with debtors; exercise forebearance with debtors exercising difficulty; and act proportionately when recovering debts given the debtors circumstances. Beth83 and Maroondevo52 - you have grounds to make a complaint under the OFT Debt Collection Guidance. In the first instance make the complaint quoting this guidance. if this is not resolved to your satisfaction then you can complain to the Financial Ombudsman Service who can investigate the complaints as debt collection comes under the Consumer Credit Licensing: http://www.financial-ombudsman.org.uk/consumer/complaints.htm Best of luck.
  6. An approved debt payment programme under DAS will not prevent a sheriff court decree being granted to the creditor HOWEVER it will prevent any enforcement of the court decree. Accordingly you do not need to attend court. The DAS approved money adviser acting on your behalf should have explained this to you and they will have notified your creditors regarding DAS. For Ida's information, National Debt Line cannot act for anyone in respect of DAS as they do not have any approved money advisors and the new regulations for DAS will not be in effect until July 2011. The following is a link to the Register of DAS Approved Money Advisers: http://www.moneyscotland.gov.uk/das/MoneyScotland/Money_Advisers/DAS_Approved_Money_Advisers
  7. From the 15th November 2010 there will be a new route to bankruptcy which will be known as 'Certificate for Sequestration'. This has been introduced through the Home Owners & Debtor Protection (Scotland) Act 2010. The procedure would be that a debtor would approach a money adviser (at a citizens advice bureau or a local council) or an insolvency practitioner (IP). The money adviser or IP would assess whether the debtor is capable of paying the contracted payments (loan repayments loans; minimum balances for credit/store cards; etc). If the assessment reveals that the debtor is incapable of paying the contracted repayments then the debtor, if they request it, can be issued with a 'Certificate for Sequestration' for which there will not be any fee. With the 'Certificate for Sequestration', the debtor will have 30 days within which to complete an ‘Application for Bankruptcy’ to the Accountant for Bankruptcy along with a £100 application fee. Should you wish to enquire more about this then approach a money adviser at your local citizens advice bureau or local council after the 15th November.
  8. Sorry for delay in replying as just back from a short holiday. Yes a Certificate for Sequestration can be granted to a home owner. As far as being able to apply for bankruptcy - either a Certificate for Sequestration or being apparent insolvent is the qualifying criteria. The application fee for applying for bankruptcy is still £100. The AiB obtains a current market valuation of the property from a surveyor. As far as maintenance is concerned, the Child Maintenance & Enforcement Commission sets the standards for child maintenance when there is no agreement between estranged parents, refer to the following link: Child Maintenance and Enforcement Commission - managing child support Best wishes.
  9. This is typical of the Bank of Scotland in that they fail to respond to correspondence and they constantly move the debt around for collection by different internal departments or external debt agencies. For your information - Blair, Oliver & Scott is one of Bank of Scotland's internal debt collection departments. I would write to Fairfax disputing the debt and requesting a copy of the credit agreement. Under the Office of Fair Trading Debt Collection Guidance all collection activity must be suspended whilst any dispute is investigated and resolved. The following link is to the National Debt Line for a sample letter: http://www.nationaldebtline.co.uk/scotland/page.php?page=getting_a_copy_of_your_credit_agreement_and_account_details You stated that you had other creditors and from your circumstances I can imagine that you have been going through a very difficult time. I would strongly recommend that you contact a money advisor at your local CAB or local council. Check the following link to find a local money advisor: http://www.moneyadvicescotland.org.u...ind_agency.php The money advisor will review your financial circumstances, advise on your appropriate options (debt solution) and assist you in negotiating with your creditors or whatever is the appropriate solution. Best wishes.
  10. It would be necessary to prove that the lady was mentally incapable to enter into a credit agreement - this would require irrefutable medical evidence from a medical professional. Suggest that the lady seeks the advice of a money advisor at her local CAB or local council. Check the following link to find a local money advisor: http://www.moneyadvicescotland.org.u...ind_agency.php
  11. You don't have to do anything as the court will grant the creditor a 'decree in absence' - that means a decree is granted without any response from the defender. It is the normal process for a creditor to serve a 'Charge for Payment' if they wish to enforce a decree. However, it has been known for a creditor to obtain a decree but not to attempt any enforcement and as a consequence they do not serve a charge for payment. But don't worry, as there will be a new route into bankruptcy called 'Certificate for Sequestration' which will be introduced by the Scottish Government in October 2010. My advice is to be patient and keep in touch.
  12. You are not deemed to be 'apparently insolvent' until after: (1) the creditor has been granted a sheriff court decree (court order); (2)the creditor has served a Charge for Payment; (3) 14 days from the date of charge (the 15th day), you are deemed to be 'apparently insolvent' and you can apply for your bankrputcy. Hope this answers your question. Best of luck.
  13. A court decree is enforceable for up to 20 years from the date of the decree. Accordingly, Nolans can enforce the decree! The fact that an instalment decree was granted in 2004 implies that you, or someone on your behalf, applied for a time to pay direction in 2004. Therefore the debt has been admitted by you and Nolans do not have to provide a copy of the credit agreement. Your options are to either make a payment arrangement directly with Nolans. You can obtain a copy of a self help pack and a copy of letters on the National Debtline website: http://www.nationaldebtline.co.uk/scotland/ Or it may be preferable for you to discuss matters face to face with a money advisor at your local CAB or local council. Check the following link to find a local money advisor: http://www.moneyadvicescotland.org.u...ind_agency.php
  14. For your information, Provident do not charge penalty charges or additional interest charges for non payment.
  15. The agent is in breach of the 'Data Protection Act' and client confidentiality. Your wife should submit a written complaint to Provident's head office in Bradford - send it by recorded delivery post. If you do not get a satisfactory reply then complain to the Office of Fair Trading.
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