Can Sheriff Officer get Earnings Arrestment without warning?

[dundeesteve]

Hello, Just looking for some advice regarding a situation my Partner is in. She was owe money to a council for landscaping fees. This was in her and her ex partners name. Now when she moved house she heard nothing about this debt until she realized she had a decree on her file. She called them immediately and agreed to pay half of the fees totaling around £500. She realized the other month she had payed over £300 and cancelled the direct debit. Today she has received a letter with an earnings arrestment schedule attached. The summary shows that she had paid all but £10... Then they have threw on a £95 serving charge and a £35 charge for executing the earnings arrestment. Surely this cannot be legal? They did not call her back (they have her number). They did not write a letter saying she still owed £10. They just went ahead and done this? She has paid more than the half that they agreed upon and she would have paid this immediately if they had called or sent a letter.

[ploddertom]

I'll move this to the Scottish Debt Forum where those better versed should be able to help you.

[maroondevo52]

Hi,

 

Does your partner have any documentation from the Sheriff Officers explaining exactly how much of the debt they had to pay.

[dundeesteve]

Hi,

 

Does your partner have any documentation from the Sheriff Officers explaining exactly how much of the debt they had to pay.

 

 

Hello,

 

Thanks for taking the time to reply.

 

No they never did send any paper work the first she new about it was last year when her boss got an arrestment of earnings form and she called them and told them she did not know anything about it. So they agreed she could pay half and they would chase him for the other half and she set up a direct debit.

 

She did write down figures on a piece of paper. Which funnily enough are now different on the letter she has received. The letter says she was due them less in the beginning.

[maroondevo52]

It's just with a lot of debts in Scotland, well Council Tax debts anyway, there's normally Joint and Several Liability which covers circumstances where more than one individual is liable for a debt. Each party is held jointly liable for the full debt, and creditors may seek recovery of all or part of the debt from each or all of the joint debtors.

 

Not sure if this goes for debts for the Council which you have explained. As for whether or not Sheriff Officers can proceed with wages arrestment ect without any warning.

They will have had to in the past used a summary warrant which provides the same authority as a court order. You have to pay the money within 14 days of getting the warrant as long as the creditor sent a charge for payment.

 

I take it your partner would have received a charge for payment some time before the first wages arrestment you mention. I know with my dealings with Sheriff Officers and payment arrangements, when I missed one payment they charged me £98 for the pleasure.

 

You could always as the Council for a list of all payments made to this debt, maybe let you know what the score is.

[dundeesteve]

It's just with a lot of debts in Scotland, well Council Tax debts anyway, there's normally Joint and Several Liability which covers circumstances where more than one individual is liable for a debt. Each party is held jointly liable for the full debt, and creditors may seek recovery of all or part of the debt from each or all of the joint debtors.

 

Not sure if this goes for debts for the Council which you have explained. As for whether or not Sheriff Officers can proceed with wages arrestment ect without any warning.

They will have had to in the past used a summary warrant which provides the same authority as a court order. You have to pay the money within 14 days of getting the warrant as long as the creditor sent a charge for payment.

 

I take it your partner would have received a charge for payment some time before the first wages arrestment you mention. I know with my dealings with Sheriff Officers and payment arrangements, when I missed one payment they charged me £98 for the pleasure.

 

You could always as the Council for a list of all payments made to this debt, maybe let you know what the score is.

 

Hello, No she never had any letters at all as they were trying to contact her at the old address. They definitely have her new address now as it says on the form now residing at... I just find it a little ridiculous for these people who are meant to be "Sheriff Officers" to act like cowboys. If someone has paid you more than agreed and is only left with £10 to pay surely they should contact her and say look you have just £10 to pay instead of adding more ridiculous fees. Shes really quite upset by it as she has already had to fight to get a default removed from the mortgage he screwed her over with and just recently sorted it out. Last thing she needs is more debt her way. Thanks for your advice, I sent an email to these cowboys telling them I was not happy the way they had dealt with this and that I would be going to citizens advice if they do not contact me by tomorrow. They are that professional that the email for all of there offices in Dundee, Perth, Forfar and Dunfermline all bounced.

[maroondevo52]

Hi,

 

Like you say any reasonable person dealing with your partners case would have got in touch regarding any amounts due and whether or not they were about to hit her with their ridiculous charges but it's Sheriff Officers we are talking about, a law unto themselves.

 

Let us know how you get on with the Citizens Advice, good luck with that.