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funds arrestment sent to bank


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this is regarding council tax arrears, its in joint names, but only i have ever made contributions to pay it off, i do not know where the other person is, it was an ex and we split up many years ago, anyway, i have paid back and forth when i can in dribs and drabs (by the way the company dealing with it is called Scott and Co) last year they got an earnings arrestment, which i actually was quite happy with, as i knew it was being paid etc, anyway, my employment is only roughly 8 months of the year, so in january my temp contract ending and it is re - starting this month. scott and co phoned me and i explained this and arranged to pay £6.00 per fortnight, but unfortunately i wasn't able to claim job seekers allowance so i had no income at all, apart from child benefit, so i didn;t pay, then i got a letter out of the blue, no phone calls, no reminders etc saying they've exucuted a funds arrestment to my bank. does anybody have any info about this? i'm a bit worried that a company can just have access to my bank account (not that they'll find anything there!) but i am worried, obviously with having 2 children i need to make sure i have money for food etc, my child benefit gets paid into my account. anyone advise me, i am quite willing to pay in installments, just mad as the other person seems to have got off scot free with this debt.

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anybody? sorry to bump this thread, but had another email from scott and co and not giving me further details, all they'll say is that my bank will send out a mandate for me to sign before my account can return to normal? it is running normal at the moment but am terrified it can just be frozen etc? can they do that?

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Hi There & welcome to the forum :)

 

I'm having countless problems with the DWP, and have spent the last few months reading and researching acts and legislation & one piece of helpful info I can give you is that benefits cannot be arrested. If you receive an arrestment on them, fire off this letter...

 

[LETTER TO SHERIFF OFFICERS]

 

 

 

Dear Sirs

 

 

Wrongful arrestment of [tax credits and/or benefits] – [client’s name and account details]

 

I act on behalf of the above noted client and refer to your recent arrestment of funds in my client’s account number [XXXXXXXXX].

 

I enclose a copy of my client’s bank statement which confirms that the funds in said account derive from [tax credits, paid to my client by HM Inland Revenue, and/or child benefit paid by DWP, and/or child maintenance from the CSA, and/or social security benefits - income support, Jobseeker’s Allowance, Incapacity Benefit, Disability Living Allowance, Attendance Allowance etc., - paid by DWP].

 

Both the Scottish Law Commission and Scottish Executive concede that social security benefits are exempt from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). Section 45 of the Tax Credits Act 2002 is an identical provision to the said section 187 of the 1992 Act.

 

It is therefore trite law that tax credits and other such maintenance or social security benefits are exempt from arrestment. The case of Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499 is authority for the proposition that where exempt monies are paid into a bank account, those monies remain exempt from arrestment insofar as such monies can be clearly identified within an account.

 

As noted, I enclose a copy of my client’s account statement which clearly identifies [X amount of tax credits and/or social security benefits].

 

I would respectfully submit that any refusal to consent to the release the arrested sum of X [amount] from my client’s account will constitute wrongful diligence. Please advise in writing as a matter of urgency whether you will instruct and authorise [X Bank] to release said sum today.

 

If you fail to do so I will instruct an action for wrongful diligence and payment to be raised, and will also report this matter to the Sheriff Principal in terms of the Debtors (Scotland) Act 1987.

 

I look forward to your urgent response.

 

Without prejudice.

 

Yours faithfully

 

Amend the details as necessary and all should be well. You cannot sequester benefit payments towards arrears for debts. If they are being paid into your account, there will be a benefits transaction code which will identify the payments as being benefits. I'm sure if anyone has any other info or advice, they will post here.

 

Hope this helps somewhat :)

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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Sorry, forgot to ask, I assume if Scott & Co are dealing with the council tax debt, you're in Scotland?

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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