Wages Arrested!!

[~*Cash Crisis*~]

I need some help with this please!

My partner has recently had her wages arrested and the debt company are taking a percentage of her wages each Month.

This has happened because of a credit card she used to have with the Clydesdale bank plc, even though my partner made regular payments they put heavy penalties on to her account whenever they liked.

I'm urging her to send off a SAR letter to them so we can see how much in total they charged to her credit card account.

 

I've got two questions that i'm not sure about..

 

1. Is it possible to take a credit card company to the small claims court to reclaim credit card penalties?

 

2. If the answer is yes to the above.. Is there any way we can have her wage arrestment stopped or postponed as her account would be 'in dispute' yes?

 

Thanks, Kev.

[tamadus]

I need some help with this please!

My partner has recently had her wages arrested and the debt company are taking a percentage of her wages each Month.

This has happened because of a credit card she used to have with the Clydesdale bank plc, even though my partner made regular payments they put heavy penalties on to her account whenever they liked.

I'm urging her to send off a S.A.R - (Subject Access Request) letter to them so we can see how much in total they charged to her credit card account.

 

I've got two questions that i'm not sure about..

 

1. Is it possible to take a credit card company to the small claims court to reclaim credit card penalties?

 

2. If the answer is yes to the above.. Is there any way we can have her wage arrestment stopped or postponed as her account would be 'in dispute' yes?

 

Thanks, Kev.

 

Hiya Kev,

 

First I dont know the intricacies of Scotish law so hopefully somebody else can answer your second question.

 

As regards the first questions. YES you can take a credit card company to court over the unlawful charges they have applied. In fact one of the well quoted case laws we use as justification of our claims was handled in a Scotish court I believe.

 

Please note that small claims in Scotland are limited to £750 so take a good read at the Scotich threads to see how this is being overcome. One way is to use an English address when you file so the limit is then £5000.

 

My advice is get that SAR sent immediately and start the process. Hopefully somebody will answer your second question quickly.

[~*Cash Crisis*~]

Thanks Tamadus, That's good news that we can take them to the small claims court for the credit card penalties.

I'm currently in the process of taking action against A & L (Scotland) for bank charges and awaiting the return of the SAR I sent them.

I've carefully studied the Scottish section part of the forum and I expect the charges to exceed the £750 limit, I will need to do several claims in succession I guess!

 

Anyway, Hopefully someone knows how to halt the wage arrestment while we're taking this Clydesdale company to court.

 

Thanks, Kev.

[tamadus]

I'd also be inclined to post a thread in the Scotish sections Kev:D

[~*Cash Crisis*~]

Is it possible to move this thread to the Scottish sections Tamadus?

I wasn't sure where to start this thread initially!

 

Thanks, Kev.

[tamadus]

you will need to PM a mod Kev, I can't do that

[lookinforinfo]

Cash Crisis-the short answer is that I don't know.

Because of recent changes introduced by the Scottish Parliament where they

have effectively barred the use of removing goods to pay fines, it seems

that the Courts are awarding either wage arrestments or bank arrestments

[where they clear out your bank account]much more frequently .

I did advise a couple of people who had their accounts arrested to go back

to Court and seek the advice of the Court Clerk claiming an appeal under

the Act of Sederunt. That would be claiming that as they missed the Court

hearing first time round, had they known there was to be a hearing, they would have attended to put their cases. Obviously part of your g/fs case is that much of the debt consists of unlawful charges, and probably reduced

monthly payments by showing her financial statement of income and

expenditure.

Unfortunately, they never came back to the forum and said whether it

worked or not. So if you try it, please let us know what the response is

either way. And if it doesn't work, get the S.A.R - (Subject Access Request) off as quickly as possible.

[PhantomReclaimer]

I've carefully studied the Scottish section part of the forum and I expect the charges to exceed the £750 limit, I will need to do several claims in succession I guess!

 

YOu want to be careful about doing that - a court may see you as taking the piddle.

 

P.

[~*Cash Crisis*~]

YOu want to be careful about doing that - a court may see you as taking the piddle.

 

P.

 

Not if I wait until the first claim has been settled then start a new claim for the remainder of charges!

Is that not the case?

[~*Cash Crisis*~]

Cash Crisis-the short answer is that I don't know.

Because of recent changes introduced by the Scottish Parliament where they

have effectively barred the use of removing goods to pay fines, it seems

that the Courts are awarding either wage arrestments or bank arrestments

[where they clear out your bank account]much more frequently .

I did advise a couple of people who had their accounts arrested to go back

to Court and seek the advice of the Court Clerk claiming an appeal under

the Act of Sederunt. That would be claiming that as they missed the Court

hearing first time round, had they known there was to be a hearing, they would have attended to put their cases. Obviously part of your g/fs case is that much of the debt consists of unlawful charges, and probably reduced

monthly payments by showing her financial statement of income and

expenditure.

Unfortunately, they never came back to the forum and said whether it

worked or not. So if you try it, please let us know what the response is

either way. And if it doesn't work, get the S.A.R - (Subject Access Request) off as quickly as possible.

 

Thanks for the reply.

 

Unfortunately my partner is unwilling to go near any court regarding this but has agreed to let me send a SAR letter to the company on her behalf!

Perhaps once she sees the charges they put on her account that will encourage her to take her case to the small claims!

Anyway, It's her decision to make and not mine as the account was in her name only.

My partner finds it amazing that I'm taking my former bank to court and I guess she's waiting to see the outcome of that first!

 

Thanks, Kev.

[lookinforinfo]

I can understand her hesitancy as there are probably other considerations

up there, not just the fear of going to Court. However if she wants to

stop or reduce the payments, the only way she may be able to do that is

via the Courts.

As I understand it, there is only a short time in which you can appeal against

this particular type of Court decision, so it might be instructive for her to ask

the Court about the process of appealing even though at this stage she is

not thinking of taking action. And perhaps if it is possible, and the person at

Court she speaks to is sypathetic to her case, she may feel happier about

an appeal, especially if the arrestment is taking a bit more than is

comfortable. Although I accept that she may not want to, as having lived

in Morayshire myself, tongues never stop.

One of the advantages of living in London is the anonymity it grants. Hardly

anyone knows anything about your private life, even those who live in

the same street. Up there, everyone within a twenty mile radius it seems,

knows you and all your business.