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Section 10 Breach by an Employer


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Friend of mine asked for some advice being in serious debt while sorting out a debt relief order.

 

 

He had two loan repayments coming out of his salary direct with a credit union. He asked the credit union to stop and offered a payment plan and they refused. He then contacted his employer and they also refused to stop direct payments.

 

 

 

This is where I step in and do a section 10 template telling them to cease processing his data with a third party private company not associated with his employer. They agreed and all payments stopped from his wages. This was three months ago

 

 

 

He has just contacted me again and said they have started deductions again without his knowledge direct from salary

 

 

 

On contacting his HR dept the response being that he needs to sort it out with the credit union himself. Furthermore. that because they took it out of his wage as a deduction and not from my bank that was also lawful.

 

 

 

This is an unsecured loan and the only way this can happen will be an attatchment of earnings.

 

 

 

What is the best way forward in the breach of the section 10 notice and arrogance of his employer?

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" He had two loan repayments coming out of his salary direct "

 

Was this agreed as part of the agreement/loan...he must of authorised it ?

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Sorry bit small. under declaration it states

 

 

I agree to make my payments to comsave credit union via the following methods:

 

 

Please Circle

 

 

Direct from my pay/standing order/via reguilar card payment/Direct from my partners pay

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