Charge for payment

[ronzo9]

Hi guys,

 

I recently admitted a debt to a creditor and had a decree granted. I arranged direct with the creditor a monthly payment plan of £85 and informed them that i would set this up as a standing order through my online bank. I have not done this properly and it turns out payments have not been getting sent.

 

I only found this out after receiving an e-mail from my employer saying that someone called Amanda called looking for me with a number to call. Turns out it was a Sheriff Officers in Glasgow saying they have a "Charge for payment" to deliver to me from the creditor.

 

Will i be able to pay my arrears from the payment plan and set up a DD direct with the creditor or will i have to do something else? I can not afford to have an earnings arrestment, it wouldn't be worth me working if i did in my situation.

 

 

Thanks

[maroondevo52]

Hi,

 

I take it this is not Council Tax.

 

You will have to contact the Sheriff Officers with an offer of repayments and stick to it, do not offer any more than you can comfortably afford.

As for the arrears I would think they would let you include them in your repayments.

 

If you don't act swiftly they will go for a wages arrestment.

[ronzo9]

Hi,

 

I take it this is not Council Tax.

 

You will have to contact the Sheriff Officers with an offer of repayments and stick to it, do not offer any more than you can comfortably afford.

As for the arrears I would think they would let you include them in your repayments.

 

If you don't act swiftly they will go for a wages arrestment.

 

Thanks for replying!

 

Its for an old car i handed back but still owed money on after the sale etc.

 

I spoke to the Sheriff Officers who have said they are acting on behalf of Optima Legal, a Solicitors in Glasgow. Should i call them or the car lender? To be fair, the car lender can be quite aggressive

[maroondevo52]

I'd deal with the Sheriff Officers, when you spoke to them was there any mention of making repayments.

[ronzo9]

I'd deal with the Sheriff Officers, when you spoke to them was there any mention of making repayments.

 

No, She just advised me that they had to hand deliver it to me on the instructions of Optima. When i told her about the internet banking payments, she asked if i wanted to pay the debt? and i said yes. She said it would be best to speak to Optima.

 

The girl i spoke to wasn't the officer, she was what sounded like, an admin worker or tracer? She called my HR dept in London (god knows how she found out who i was working for. Only way i can think, is its on my Facebook profile) and they then e-mailed me telling me someone called Amanda at ****** number was trying to contact me.

 

I asked if i could pick up the letter in person and she saif she would get the Sheriff Officer to call me on Monday when he was back in the office.

[maroondevo52]

Hi,

 

If you feel you can deal with the Origional Creditor rather than the Sheriff Officers then do so, though I think you can apply for a Time to pay order.( I've pinched the next bit from IdaInFife, Site Team )

 

Once they serve the charge for payment you have 14 days to respond, You can find a time to pay order in here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

 

Print it off and fill it out.

 

I would advised that you attach a full budget sheet with it rather than the one on the form and just mark attached over the one on the form.

 

you can use this budget sheet in the library

 

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

you must return this to the issuing court no later than 14 days from the date on the charge for payment, hand it in and get a receipt if possible if not send SD.

 

If you do not respond to the Charge for payment they can then go for a Wages arrestment or Bank Account arrestment.

 

There's a table of wages arrestment here................

 

http://www.legislation.gov.uk/ssi/2009/395/schedule/made

Edited January 13, 2013 by maroondevo52

[ronzo9]

Thanks Maroon.

 

 

I'll call them tomorrow and explain the situation and see if i can resolve it.

 

Does the 14 days start from when i actually receive the documents or when they confirm i still stay at my address?

[maroondevo52]

I would think 14 days from the date you receive the charge.

[ronzo9]

Just another note, Can i apply for a time to pay even though i have had an arrangement in place with the creditor to pay the £85 a month?

 

 

Im starting to worry the more i read about the stuff in this http://www.bdl.org.uk/images/06_time_to_pay_directions_and_orders_scot.pdf

[ronzo9]

I would think 14 days from the date you receive the charge.

 

Got you

[maroondevo52]

Just another note, Can i apply for a time to pay even though i have had an arrangement in place with the creditor to pay the £85 a month?

 

 

 

I'd say you can as you have not missed payments on a Time to pay, the charge for payment gives the debtor a final opportunity to settle the debt or negotiate payment terms before enforcement action is taken.

[ronzo9]

I'd say you can as you have not missed payments on a Time to pay, the charge for payment gives the debtor a final opportunity to settle the debt or negotiate payment terms before enforcement action is taken.

 

 

Ok, so i have spoken to the car company this morning and explained the situation. They were quite stern in saying that the charge for payment was issued due to me not keeping up with my arrangement with them (all my own fault to be fair)

 

 

I asked if i could clear my arrears at the end of the month and continue on the £85 arrangement and she said that she would not stop any arrestment action until the arrears had been cleared. She also said that even when i do clear the arrears, the earnings arrestment will not go away, it will just sit in the background and be enforced should i default on the arrangement again.

 

I don't get paid till the end of the month! I have not retrieved the Charge For Payment in my possession as yet so will there be enough time to sort this out?

Edited January 14, 2013 by ronzo9

[ronzo9]

Sorry to be a pest, Im worried about the 14 days to respond to the charge for payment!

 

 

I still haven't been delivered this and don't have any documents relating to it. Will i still be in the 14 days or will this commence from the date i physically get this?

[Crocdoc]

The charge must be served and the 14 day period must have expired before any enforcement action can be sanctioned.

 

A charge is a formal request, in writing, served on a debtor demanding payment due within a particular period of time. It also warns the debtor that if payment is not made within 14 days, enforcement action can start against her/him. A charge is valid for two years but a creditor can have a further charge served within or after the two years.

 

When a charge is served, a debtor can apply to court for a time to pay order as long as s/he has not already had time to pay the sum due under a time to pay direction, or a time order under section 129 of the Consumer Credit Act 1974.

 

If Decree has been granted, I am at a loss to understand why your employer would be contacted by telephone as your home address would be included in the court documentation and should have been served to that address.

 

Are you absolutely sure that Decree has been granted, the reason I ask as that some Sheriff Officers also include a debt collection department ( which is an entirely different Beast with no powers of enforcement)

how much is claimed on this account and do you have additional debts as there may be other options worth considering ?

 

The Debt Arrangement Scheme for example stops all enforcement action including arrestment.

Edited January 15, 2013 by Crocdoc

[IdaInFife]

Do not ignore a charge for payment.

 

You have 14 days from the date on the a charge for payment to apply for time to pay order.

 

I would recommend you follow moroondevos advice and get it back to the issuing court.

[Crocdoc]

Do not ignore a charge for payment.

 

You have 14 days from the date on the a charge for payment to apply for time to pay order.

 

I would recommend you follow moroondevos advice and get it back to the issuing court.

 

I would agree, however the problem here is that the Charge has not been served, we only have verbal that it exists. That is why I suggested DAS as a possible option as an intimation in advance to the Accountant in Bankruptcy would stop any enforcement action including Arrestment even if it appeared during the setting up process.

[IdaInFife]

Ahh yes now re-reading the initial post the charge has not been received as yet