Please help! Can a company arrest my wages?

[purple_star90]

Hi there,

 

I'm new to the forum but have used it on many occasions for financial help!

 

The problem is I've had a lot of trouble financially which resulted in my house being reposessed. I had a secured loan with Welcome finance against the property too.

 

After the repossesion there was a shortfall with the mortgage company and Welcome, I tried to make arrangements to pay people back but it all became to much of a strain. I am looking into an IVA but Welcome are giving me a lot of grief! They are constantly phoning my house, mobile and work despite me asking them not to. They have been to my door on several occasions too.

 

I have told them I have no money because if I did I would pay them something and that I am trying to get an IVA organised however they told me that they are going to arrest my wages and take up to 44% from me. Can they do that? I thought you would have had to go to court etc before all that happened.

 

Now I don't have the property the loan is no longer secured and as there wasn't enough from the repossesion to pay back the mortgage company or the loan I have both of them chasing me! I really am in abit of a mess and can't seem to see a way out. Welcome are really pressuring me to make a payment that I don't have and I really don't want my wages to be arrested either! I'm starting to freak out thinking they could do that any day now! I am hoping to get my IVA up and running in the next month.

 

Any help or advice would be greatly appreciated.

 

Thanks:confused:

[babybear39]

They're talking cr@p! They would need you to default on a CCJ before even being able to apply for an AOE! And we're a long way from that yet.

[mr.ton]

Only a court has the authority to do something like that, no-one else.

[purple_star90]

Thanks very much for the quick replies!

 

Its just they seemed so convincing! I owe them alot of money and haven't had any court proceedings or anything yet! They said today that if I didn't provide them with my payroll dept number they were going to do an investigation to find out my number! They also told me not to pay another creditor and pay them instead surely thats not right!

 

I'm feeling really stressed out about it all!

[PGH7447]

send the welcome cretins this

 

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

and this

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

[babybear39]

Report them to TS and the OFT for telling you to pay them and not others.

[purple_star90]

Thanks very much thats a great reply! Think I might do that!

 

Hoever I live in Scotland are the laws the same?? I'm never sure!

[purple_star90]

Report them to TS and the OFT for telling you to pay them and not others.

 

Sorry who are TS and the OFT??

[veryweary]

TS is Trading Standads and OFT is Office of Fair Trading. I live in Scotland and the laws are the same as far as I know. Wages can't be arrested unless a decree has been awarded by a court and you've failed to keep up payments for this type of debt.

 

Report them for their dubious tactics.

[PGH7447]

Thanks very much thats a great reply! Think I might do that!

 

Hoever I live in Scotland are the laws the same?? I'm never sure!

 

they aint far different and welcome threatmonkeys are too stupid to know anyway

 

Also when they next ring ask them if they have found another job yet what with their parent company Cattles going under, that will get them going

[purple_star90]

Thank you so much to everyone for the responses you have helped put my mind at rest. x

[Tricky Dickie]

I am sure that I have heard somewhere that a very high proportion of Welcome CCA are in fact improperly executed so thats definately worth looking into

[JonCris]

As is sooooo often the case Welcomes agreement may be unenforceable

 

Can you post up a copy removing all ID of course & lets see if we can teach the bums a lesson ................ again:D

 

"We'll arrest your wages & take 44%" Dream on you Welcome cretins:-x

[purple_star90]

As is sooooo often the case Welcomes agreement may be unenforceable

 

Can you post up a copy removing all ID of course & lets see if we can teach the bums a lesson ................ again:D

 

"We'll arrest your wages & take 44%" Dream on you Welcome cretins:-x

 

 

Hi,

 

I've not had any correspondence from them in ages its all be done over the phone! I might have a letter showing the balance owed dating a month or 2 back would that be ok?

[coistie]

Hi,

 

I've not had any correspondence from them in ages its all be done over the phone! I might have a letter showing the balance owed dating a month or 2 back would that be ok?

 

 

Hi can you give me an update on wha the outcome was as Im about to go down the same road with them.

 

Thanks

[cerberusalert]

Hi can you give me an update on wha the outcome was as Im about to go down the same road with them.

 

Thanks

I'm afraid this thread's over a year old & it's unlikely that the OP will see your post.

 

If you start a new thread then peeps will be able to advise.