Earnings arrestment schedule intimation to debtor muck up

[CHRISJVC1]

Hi , my wife has been sent a form 30 earnings arrestment schedule (intimation to debtor) form. I presume this means they have or about to contact her employer. The only problem is that they have put the wrong employer on the form. Does this mean they are going to disclose confidential information to someone she doesnt work for?

 

I'm not sure what to do? I presume this form is real and not a threat. Its from scott and co.

thanks

[sillygirl1]

They CANNOT contact the employer and request money from your earnings unless there is a failed court order. Even then you can make an application to stop this happening by making a variation.

 

Who is the debtor and what is the debt for - naming and shaming because this is NOT the way to deal with things in the UK. In America and other countries you can do this but in the UK it HAS to be via the courts, even the Council can't ring up an employer and get money deducted without a court order.

[CHRISJVC1]

hi, its for council tax from scott and co, so its probably all ready been to court. I believe they came to the house some time ago.

[maroondevo52]

so its probably all ready been to court.

 

Yes It will have been and the 10% surcharge added, You say the wrong employer, is this your wife's old employer, with the introduction of the Bankruptcy and Diligence etc. (Scotland) Act 2007 it is compulsory for the employer to tell the sheriff officers if the employee leaves their employment and the name and address of the new employer if known.

 

Did you have any sort of payment arrangement with Scott & Co ?

[sillygirl1]

As this is Scots law I will bow out as I know nothing much about it.

[CHRISJVC1]

no they have listed her employer as my employer. will the letter already have went out or will I have time to complain? i had no payment plan in place unfortunately.

[maroondevo52]

You would have received a Charge for Payment prior to the wages arrestment, what names were on this.

[CHRISJVC1]

we both received a charge for payment in both our names. I suppose all I can do is wait until they write to my employer, and then I guess it's up to them to write and rectify mistake?

[Crocdoc]

I would take into consideration that this is Joint and Several Liability and you state that you have received a Charge for Payment, which I would assume has now expired. This being the case they are entitled to arrest the wages of either party. If the paperwork is wrong at this stage they will merely correct it.

[CHRISJVC1]

ok well i will be paying it tomorrow anyway, I was just more upset that they have the details wrong which causes embaressment on both parts.