Adamson arrestment of funds

[sosii]

Due to financial difficulties we were served a notice to quit from our previous address dated on 31/03/2009. An Earnings Arrestment for outstanding council tax, date of charge 26/11/2008 effective as of 06/02/2009 was already in place.

I contacted council tax dept before the eviction date to inform them of this and that we would be moved into temporary accommodation. Subsequently due to adverse stress and medical issues within the family I was forced to go on long-term sick pay, number of months later we received a letter Adamson contacted us about the lack of payment and were informed of the situation.

After the 31st of March 2009 the landlord was responsible for the property. Please note, to my knowledge the property has since been sold and the letting company that bought it may have gone into receivership. I however seem to have been still held responsible for the past year too

Further contact with Adamson was to be frank, dismissed, I had assumed they would be continuing to harass us in regards to the current arrangement, my thinking being, what more could I give them as it would never be enough. An oversight as it turns out on my part.

At 4pm on Friday the 22nd of January 2010 an Arrestment of Funds Order, Debtors (Scotland) Act 1987. I was not notified of this, a letter from my bank arrived on Monday 25th of January quoting section 73j of the above ACT relating I believe to the Arrestment Jurisdiction (Scotland) Order 2009. In effect since April of that year.

This was dismissed by “Mike” from Adamson in a conversation on the morning of 25th January 2010 at which point I was informed that I would have to seek redress from the sheriff in Livingston, this was in error. At no point did “Mike” inform me that a Summary Notice was the purview of the council revenue officer. He categorically stated that they could in fact seize benefits/tax credits directly by an arrestment of funds order.

Further we disagreed that his company could not take funds directly from an account that can show benefits/tax credits going into it. He stated they could under the Bankruptcy & Dilligence Act 2007 Act. I informed him that we are governed BY CONSENT and that I need not sign the voluntary mandate, forcing them to move for an order of Furthcoming. He virtually sneered down the line that under the stated legislation all they had to do was wait 14 weeks

I of course wished to come to an arrangement, I in fact was saying this to “Mike” when he cut me off. He asked after an arrangement from today, leaving arrested funds as is with nothing to live on, I have 6 children, 2 of which are 4 month old twins. I was stating “NO to an arrangement as is, however...” at which point I was rudely cut off. After the arrestment I had the grand sum of £26 left in my account after luckily having already done the online food shop. This is inhuman and violates our human rights they as they leave £350 irrespective of family circumstance as far as I can see.

 

Reserving all my right in writing in a wrongful arrestment letter I went to the revenue office. Entered office, introduced myself to officer, stated my reservation of all my rights under common law. He just looked confused and agreed, nice guy though, there are some genuine people who want to help.

 

Stated my case, informed them of what I believed to be breaches of my rights, not served notice etc. Stated to THEM what legislature I believed applied to me, which legislature Adamson was abusing. They asked if I was quoting English law, I replied of course not, pointed out the case of Woods vs. RBS.

 

Finished on the grand finale of who's butt would be in the sling for cancelling the existing arrestment of EARNINGS to replace it for an arrestment of FUNDS to incude a year of counsil tax not applicable to me. The second officer, her face was a picture when she realised that she would have to earn her pay tracking down those persons responsible for the council tax!

 

Tuesday 26th 2010 contacted revenue department to push for resolution, seems like I was expected. Woman I delt with monday was "off sick" - got a lead officer.

 

He came down strong on Adamsons side, claimed there was no case to regain funds arrested as even if debt was wrong, nearly half WAS mine. Re-enforced that legally they could take funds, even from benefits/tax credits as long as £350 was left in the account. The earnings arrestment was cancelled by adamson due to statuatory sick pay not giving them anything towards the debt. And that arrangement could only claim a portion/% of my earning, this arrestment can take more!!! He states that revenues were never informed of my leaving the property, I pointed out that the housing knew, as did the council tax helpline on their switchboard and so on. Even Adamsom knew I had left the property.

 

Now, he calls back, saying that on looking further into the case and contacting adamsom, they will return the funds, less £128 for Adamsons' expenses. Then he stated they would NEED me to sign a mandate allowing this before releasing remainder of the funds. Then put in place an agreement eqivilant to an amount recieved by an earning arrestment order, but obviously a fixed sum. Not a penny to the debt.

 

I am in temporary accomodation, so there is no current council tax bill to append it to. We need that money badly and they know it. I can't go to a solicitor as cannot afford it as they've changed the "law" - now you only get the first 5 mins free from the first 30 mins. Or so I've been told.

 

Help, what do you think?

[hallowitch]

sosii hang in there most of us help with baillifs but i have sent a message to Indafife to look in when she logs on

[sosii]

sosii hang in there most of us help with baillifs but i have sent a message to Indafife to look in when she logs on

 

Thankyou,

 

Update - After 50 minute phone conversation with revenues head man I've been left with 3 options. I advised him that no matter what I was working as the agent of the legaly fictional PERSON created on the birth certificate and would retain all my rights under common law, he brushed straight over my statement. On investigation of my account he stated that adamson had followed proper procedures at all times in their pusuit of the debt and have now been apprised that the 2009 warrant is being withdrawn. He also stated that adamson had reluctantly settled for expenses only, originally wanting to claim much more of the funds.

 

1. Sign a mandate releasing £128 to adamson from arrested funds, this will take a while to get mandate to me, then back to them, then contact the bank to release funds. Then agree to a scheduled repayment.

 

2. Go to their local office, pay £125, signing a mandate and agree to scheduled repayment. Then they will tell the bank to release the whole of the funds.

 

3. Continue to argue my case, risking further charges (each time) and arrestments of funds being made. Turns out the original arrestment was never stopped and is still being applied to the account with my employer. That would require negotiation between myself and adamson to alter.

 

 

[IdaInFife]

hiya just to carify a few things

 

can you confirm:

 

Is there a wages arrestment still in place?

 

Do you know which sheriff officers made this wages arrestment?

 

Have they lumped all CT due (even the period you were not liable?) under the one account or are the keeping them seperate?

 

Did you receive a charge for payment?

if so when and from whom?

 

will be back

 

Ida x

[sosii]

hiya just to carify a few things

 

can you confirm:

 

Is there a wages arrestment still in place?

 

Yes

 

Do you know which sheriff officers made this wages arrestment?

 

Account 072######.2 .3 .4 .5

Summary warrants granted in the sheriff court at Linlithgow on 05 August 2008, 07 April 2008, 06 March 2008 & 21 June 2007.

 

Date of Charge 26 November 2008

FALKIRK, 06 February 2009

 

Have they lumped all CT due (even the period you were not liable?) under the one account or are the keeping them seperate?

 

For the 2009 period they added .6 to the account number. And it seems they lumped all together when executing the summary warrant for the arrestment of funds. Have not seen any documentation other than a letter from my bank telling me about it. They did the arrestment on friday, the letter arrived on the monday.

 

Did you receive a charge for payment?

if so when and from whom?

 

Unsure, I believe Adamson applied charges to the account. I see surcharges on each point as well as a "charge fee" & expenses executing the arrestment on the earnings arrestment schedule.

£60.20

£51.41

[IdaInFife]

a charge for payment would be a letter stating that at xxx court you have 14 days to reply to this charge for payment etc

[sosii]

Nothing like that at all. No warning in writing whatsoever. Wife says no as well.

 

cheers

[IdaInFife]

there are a few issues that need to be addressed but this would take a little time,

 

obviously you need access to your account and the quickest would be option 2 if you can.

 

you should have received a charge for payment before the lastest bank arrestment, if you had received one you would know and would have received that in the last 4 - 6 weeks , they have, i think, 6 months to act on it but generally they act straight away - although if you already have a wages arrestment ain place and this is being paid they should not have applied for a bank arrestment unless they felt there would be excessive amounts hidden there

 

also if a wages arrestment is in place and you are receiving less wages because of ssp has this been amended to suit?

 

i'm putting this link in for reference

 

http://www.aib.gov.uk/Resource/Doc/4/0000460.pdf

 

 

also if you need someone to speak to i would suggest national debtline scotland

 

National Debtline Scotland | Debt Advice | Factsheet 04 Enforcing A Debt Against You By Diligence

 

 

also you are correect re tax credits etc, if the balance in the account is just tax credits or benefits the SO should be releasing them pronto.

 

as i said i cannot give a quick answer to get it sorted tomorrow but if you can prove the amounts inthe bank are solely benefits and or tax credits they shoudl release them but they do not seem to like to play ball - certainly give national debtline a quick call tomorrow for some advice .

[sosii]

wow, more reading, goodie!

 

thankyou for that, one thing, you said balance of account being tax credits. And this includes ssp? what about wages, returned to part-time hours 2 weeks ago as need money bad as it was.

 

I must admit the thought of paying their expenses is much like sucking a half lemon.

 

I also have concerns about signing their mandate, wouldn't this put me under contract? Up till now I've retained all my rights under common law, I have plans to assert them soon by becoming a freeman on the land. That changes on the mandate signature.

[IdaInFife]

ssp is a social based benefit so yes, wages no but tif these already have a deduction from wages arrestment then shouldn;t be touched.

 

by the way it should be your employer who calcuates each month what should be deducted - the table is in the link on how much

 

not under contract as such as this is by diligence of the court

[sosii]

ok, got that. read notes on diligence.

 

query, is it our word aganst theirs about the charge of payment. who delivers it, postie? did not receive any special/registered delivery.

 

what difference will that make if any?

 

Also, each time I've said they cannot take benefit in this form they contradict me and in effect leave no room for further argument. I've quoted benefits act of 1996 etc, to no effect.

Edited January 26, 2010 by sosii

[IdaInFife]

sheriff officers would hand deliver

 

if they have not they have completley acted wrongly and you should not be going through this

 

if you ever receive a charge for payment in the future - always apply for a time to pay order via the court and this stops any enforcement action as long as the agreed paymetns via court are maintained and even if your circumstances chage you can always reapply to vary your payments

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-have-you-received-charge.html

 

 

i would be inclined to try and get the court reference number for the charge for payment this lastest arrestment to enure they indeed do have one

[tomtubby]

IdaInFife.

 

EXCELLENT ANSWERS !!!

 

Very well done.......

 

PS: I cannot offer any additional info as I am not up to date on enforcement in Scotland.

[sosii]

Ok, update.

 

Talked to debtline, not really much use, knew all that they suggested. And they wouldn't or couldn't answer my question as to the legality of this action if the charge was not delivered.

 

Contacted the sheriff officers adamson again, got some more info. Turns out they did "execute the charge" translated: it got posted in an empty house back in July 2009. Here's the kicker, my bank has attempted to seize funds on TWO occasions prior to my current woes. First on 13th August 2009 and again on January 7th 2010, funds at those times were not enough it seems. At no point did my bank contact me about this situation. Apparently they should have.

 

Asked adamson for a bill for the £128, £125.60 if I go into their office, was told they would give me a receipt only.

[IdaInFife]

that's a shame about nation debtline as they are normally on the ball.

 

when did you move home? do you have any proof like tenancy agreement etc?

 

if you do you should apply to the court to recall the arrestment asap you need the court reference number and also it should also be recalled if you already have a wages arrestment on the same debt.

[sosii]

After a concerted attack this afternoon, I got them to back down.

 

I queried the charge of payment, being delivered to an obviously empty building in July 2009. Asked what the policy was for recording the outcomes of their visits, registering fees, expenses etc. Their answer was I'll have to check those details.

 

Then I queried the legality of the action quoting "upon commencement of part 12 of the BAD act 2007, creditors are required to serve a charge of payment PRIOR to execution of Diligence following a summary warrant."

 

Following this I asked him if he knew which statute these acts came under, he responded by prompting me to look up the local government finance act. I responded with, why? I don't query your right to request the warrant, just it's execution!!!!

 

I could have jumped for joy as he made his excuses and got off the phone promising to get back to me before 3pm.

 

The man from adamson did indeed call, he allowed that I would not be required to cover their expenses, I would still have to create an agreement to cover my own arrears. He said not less than £100/month, I giggled and said try more like £50, he asked to split the difference. My wife in the background said firmly "£60 for 6 months, then we'll talk about it."

 

I had to laugh, because he didn't even argue.

 

I went to their local office to get a letter for my bank to release their funds and to sign the agreement. However the very nice little lady was having a bad day, she was all alone with a bust printer, so she had to call head office who drafted the letter to post to the arrestments dept of my bank, I requested a copy, "for my records", which they kindly faxed over.

 

I smiled brightly, thanked her for all her help and left.

 

No pen on paper, just a verbal agreement (under duress as they still held my money).

 

I'm hoping the worst is over, fingers crossed. Thanks for all your help.

[IdaInFife]

glad your getting somewhere but i would still be inclined to write a complaint.

 

asdmson are not well known, though i hadnlt heard of them but when looked them up on the web realised i posted on another thread about them.

 

they have acted completely wrong in my opinion by going for the bank arrestment in the first place

 

i would send the same complaint to the head of finance for your council, adamsons and SMASO - doesn't have to be details but a formal and to the point complaint - when they went for the lastest arrestment they pleased to the court that there was no other diligence for this debt - naughty