Banks' arrestment procedure..

[pokerplayer]

Hi, all im new just registered. This is my first post and im a wee bit concerned same as you. As an individual pursuer, i raised my small claims action and won at court. In order to collect my overdue money and several attempts to settle. I had to employ Sheriff Officer and use their dilligence to collect my money from the business defender's.

 

Bank arrestment was served on 22/23 December 2009. All the defenders relevent bank a/c details were provided. The sheriff officer, informed me i should next hear from the bank in writing within 3 or 4 weeks. Wether all funds were frozen or if a/c was insufficent? Also, i understand another 12 weeks could pass before bank will release the money to me.

 

I would like someone to please tell me.. How much time can the bank be given or expected to reply to me regarding this issue? There must be a set time surely to respond? Given its all legal and theres rules and regulations and compliance etc.

 

Tomorrow will be 5 weeks, since the execution of arrestment. Or should i raise an action against the bank lol!

 

help!

[IdaInFife]

hiya,

 

normally SO's are advised within 5 days of if there was sufficent funds - if there was over £370 in the accounts this is them transferred to the SO's.

 

The bank will not contact you but will contact the SO's.

[pokerplayer]

Hello, thankyou for replying.

Yes i was wrongly advised by my SO the bank would!

So i called the scotland bank who said it was unsuccessfull, although an overdraft facility on the a/c cannot be touched.

 

However, in theory chq payment could process. i have received a 2nd cheque from the defender. The first was for half the amount ago. Neither chq i have deposited yet. Because the 1st was with a letter reading i accept this and its final closure etc.

 

I am trying to establish how much control over depositing chqs someone has? Before i test this, I need both to cash, not just one and the other fails. Any ideas plz?

[IdaInFife]

If it a business, why aren't eh SO's doing an attachment of goods?

 

are the bank going to try arressment?

[pokerplayer]

its a second hand car dealer business. Been told due to this kinda business they can claim 'tools of the trade' which prevents them seizing stuff. Ive been further told that they cannot seize any personal items like their own private vecichile for work. Its a total nitemare really..

 

The arrestment failed insufficent funds, appartently alot of these traders operate using overdraft only facilities which cannot be arrested. The SO were in my own opinion i smelled a rat with them and forwarned their 'brother' on the level or by the square u understand...

[IdaInFife]

ok let me have a think about this

[IdaInFife]

right - no they can apply for a attachment order - was the charge for payment served on the company name? if so - cars they are selling are not classed tools of the trade - they are assetts

 

because the bank arresstment has failed then an attachment order can be requested

 

I am just waiting on confirmation of this and will post up when I have deffinate answer

[IdaInFife]

Business Debtline - Further Action a Creditor Can Take

[pokerplayer]

Hi IdainFife

 

I appreciate your good work. It looks like my next step is togo back into court for this attachment to be added to my decree. Does this involve another day with both myself as pursuer and the defenders to appear also?

 

Then with this attachment, seek to appoint again a sheriff officer.

 

cheers

[IdaInFife]

Why has the Sheriff officer not done a wages arrestment?

[pokerplayer]

ah?.. the arrestment failed.. plz read 1st msg of thread

[IdaInFife]

yes they did a bnak arresment but why did the not go for a wages arresment?

[pokerplayer]

HMmm, i dont know the difference between bank and wage arrestment?

Or if they are both the same thing? I will not be using the same sheriff officer firm next time ah!

 

Im an ordinary person (pursuer) won won action against a business ltd company (defender).

[pokerplayer]

I am to now, to go back to the sheriff court. To have an attachment for money made to the current decree against the Ltd company. In order for me to receive my due money from the business assets.

 

cheers

[IdaInFife]

let us know how you get on

 

ida x

[Coactum]

Ida is quite right here but not too sure where she is going with wages arrestment’s. If it is the business that owes you then it is the business you must seek recovery from. You can only attach an individual’s wages if they personally owe you money. However, you can attach any assets belonging to the business. Your initial strategy to attach bank funds would only work if they had a cleared credit balance.

 

What you need to do now is act swiftly and do whatever you can that does not necessarily advise the other party. If you give them forewarning then they will move to protect their assets such as ensuring on paper that no assets belong to the business. If they are a garage they will not want you to seize the cars. Thats what I'd have gone for first!

 

 

Do you not have a solicitor to get advice from?

[IdaInFife]

Ida is quite right here but not too sure where she is going with wages arrestment’s.

 

 

And if you find out can you let me know!

 

Sorry, obviously cannot do a wages arrestment

 

Ida x

[Coactum]

I fail to see the relevance of mbtsale671 post. Should this user not be blocked?