Earnings Arrestment / Car Repo - Advantage Finance

[User457]

Hi All

 

I've been burying my head in the sand with this,

 

I had to stop paying the HP payments on my car as I couldn't afford them.  The car has now been collected by a sheriff officer, I thought that the car would be taken to auction and sold, the proceeds from that sale go to original lender then they would adjust interest etc and potentially chase me for the rest,

 

however the day after the car was collected I was given a letter for an earnings attachment for the full amount ?  Now thankfully the employer details they have are incorrect but it won't take them long to track me down,

 

question is,

can they do this for the full amount ? 

Also, am I legally obliged to disclose where I work ?

 

And on another note, I've heard that to stop the arrestment I should do a Moratorium ? 

 

Can anyone advise please ?

Edited October 25, 2021 by dx100uk
spacing

[AndyOrch]

Have they got a court judgment (Decree) in their favor against you ? or do you have any previous decrees with other creditors (  Conjoined Arrestment Order )?

 

If not its simply a threat o gram...as they cant issue an Earnings Arrestment.

 

Andy

[dx100uk]

you should have had numerous letters and a spc claim pack from a scottish court long ago for it to have gotten this far?

where are they do you have them?

 

it might have been a return of goods order or an SPC claim.

 

if the car has been collect by the sheriffs officers it must be one of the two.

 

dx

 

[User457]

As i said, i basically just ignored them, thikning worst case they would take the car, I got the SPC pack nad did nothing, I assume they got the decree to return the veicle as thats what the Sheriff Officers letter states, however I wasn't aware of the earnings arrestment that followed !

 

The earnings arrestment ooks pretty legit, it referes to a decree granted ?

scan-converted.pdf

[AndyOrch]

In practice, an earnings arrestment would be served by Sheriff Officers on the debtor’s employer. It can only be served within 12 weeks of a debt advice and information package being provided to the debtor.

 

A Charge for Payment must also have been served on the debtor in advance and at least 14 days must have elapsed since service of the same.

 

Once the earnings arrestment has been successfully served, the debtor’s employer is under an obligation to comply, failing which, the employer can be held liable for the debt. 

 

A debtor can challenge the validity an earnings arrestment by application to the relevant Sheriff Court. If the Court is satisfied that an earnings arrestment is invalid or has ceased to have effect it can make an order declaring that to be the case and also make any consequential order as necessary.

 

The Court also has the power to determine any dispute between the debtor, creditor or the employer and make orders in relation to the same, including: the reimbursement of any payment made in the operation of the arrestment which ought not to have been made; or the payment of any sum which ought to have been paid in the operation of the arrestment but which has not been paid.

 

https://www.lindsays.co.uk/services/for-business/arrestments

 

[dx100uk]

in order to help us help you, responding simply with i ignored everything,  doesnt give us the vital info to be able to help going forward aside from dealing with the arrestment,

 

we need this completed so we know what the claim was for

 

 

 

can you also scan to pdf the decree itself

read our upload guide carefully

dx

 

 

 

[User457]

Thanks for your help guys, I don't have a copy of the decree ?

I do have the SPC from before, its pretty lenghty but I will get it scanned and uploaded asap.

 

Should I register a Moratorium ?  From what i have heard it stops creditors taking any diligence for 6 wks, just now 6 months due to CV-19 ?

 

 

[AndyOrch]

What is a Statutory Moratorium? - Advice Scotland

WWW.ADVICESCOTLAND.COM

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A Statutory Moratorium provides someone 6 months legal protection if they are worried Sheriff Officers will act against them.

 

[User457]

Hi Andy

 

Yes that’s it, had read up about this over the weekend, seems like a logical move but not 100%.

 

On another note, I do have a little experience in this, we won a case not so long ago against cabot, with the help and advice from both you guys !

I'm sure you guys can find it but heres a link...

 

https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/?do=findComment&comment=4917681

 

Well aware of what is required for you to assess and make a judgement, just bear with me and i'lll get it all uploaded.

Edited October 25, 2021 by User457
Spelling

[dx100uk]

dont need the spc uploaded just do the Q&A bit.

phone the clerk and ask for a copy of the degree

i need to know exactly what was decreed by the sheriff to see if we can do anything

 

i wouldnt trust advantage as far as i could kick them  ever.

 

dx