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Can a court take our bank money ?


rks99
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Hi everyone,

 

Well after sorting out claiming my bank charges I've been reading some of the other topics here on CAG, and I had a question.

 

I remember a few years back I got into hot water with the council for not paying a few parking tickets. These were left unpaid(long story) and eventually the council threatened court action, but they also said that [if they won(?)] they could TAKE THE MONEY SRAIGHT FROM MY BANK ACCOUNT.:o

 

Now I have been reading some posts here where people haven't paid court judgements (for fines,DVLA,etc) and nothing seems to have happened.

 

So was my council bluffing or can they/do they take money from bank accounts?

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Your Council, who would probably have you already on their computer system as a council tax payer, would be able to look up your payment method and if you used DD or cheque, they could identify where your account is held and take the money (Garnishee) simply on application to your bank. They have wide-ranging powers.

 

Because the DVLA usually do not have this info (but with on line tax discs they are building up a goodly collection of payment references) so it won't be long before they are in the same situation!

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Very interesting info Buzby...thanks much !

Slowly silently Orwells nightmare is coming:eek:

I bet we will see CAG membership explode when ID cards are introduced.:mad:

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The Council would only be able to garnish your account on application to the court.

It isn't called garnish anymore - but I can't remember what its new name is

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In Scotland at least this part of it is as automatic as the Statutory Addition for non-payment of Council Tax. Similarly Warrants can be instigated by the Council without any formal court hearing.

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Guest Bert52

Believe it or not, non-payment of parking fines can become more serious in litigation than, in some cases, serious assault, serious sexual assault, GBH etc.

 

You may get off lightly with the latter but you may also get sent to prison for the former too.

 

Your council could take you to court for an unpaid parking fine, which ends up as a court fine, which then can end up in taking money from your account, or even prison, as it then becomes a priority debt.

 

So yes, if the council wins an action, which they will almost certainly will with a parking fine, then they can take money from your account, if they choose to go through this route, or you can end up locked up.

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The Council would only be able to garnish your account on application to the court.

It isn't called garnish anymore - but I can't remember what its new name is

Garnishee Proceedings

 

Court order made so that a person who is owed money (creditor) can obtain full or part payment from a third party whom in fact owes or holds money for the debtor. Examples include orders made so that a bank account that contains money belonging to the debtor must be paid to the creditor. In this situation the bank is ordered to pay all or part of the money in the account direct to the creditor.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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But they have to make sure they hit your bank on a day when the account has more than they are owed. I think if there isn't enough to cover the debt they get nothing and have to go again.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Your Council, who would probably have you already on their computer system as a council tax payer, would be able to look up your payment method and if you used DD or cheque, they could identify where your account is held and take the money (Garnishee) simply on application to your bank.

 

Indeed they can, however this is a one-time order (i.e. they can't repeatedly file for an order against the same party for the same judgment), and if there isn't enough money in your account at the time, the order fails. Of course, this very much depends on the bank's definition of "enough money".

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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They could always apply to have the money deducted at source from your employer...another nasty trick to ensure that you don't get paid, and then withdraw it all before they remove it from your bank...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

wasn't aware i needed your permission to post a comment slash.

a comment that is related to the thread slash.

 

unlike yours

Why did you bother to resurrect this decaying, zombiefied thread? Just to pass judgement on someone, it seems.

"Rather pointless, in my opinion...:rolleyes: "

quite.

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The thread is more than a month old, 'will'. The OP's perfectly valid question about a point of law had been answered, 'will'. I wasn't aware that I needed your permission, 'will', to point that out. I repeat: :rolleyes:

-----

Click the scales if I've been useful! :)

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I think the OP should take responsiblity for something he did(illegal parking) and likely didn't do(read the signs).

Sorry it's sounds harsh,but that's what I see.

you take your own precautions. Ensure you're NOT compromised - not bleat to a firm because they had the ability to make money from your errors.

so

if you owe parking fines either appeal them or pay them. stop wasting rate payers money and council time.
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LMAO - 'will', you don't seem to get the 'point'. This thread was long dead, and may it rest in fleshless pieces. Oooooooold thread. No point to resurrection. One more time: a thread over two months old that successfully resolved the legal question of whether Councils were allowed to garnish accounts, and was peacefully laid to rest, sinking into the strata of Dead Threads quite successfully. And then some wannabe necromancer come along and digs it up again for no reason, whatsoever. Hey, that pointless guy looks familiar! Can it be Goodwill of the Consumer Action Group? Why, it is!

 

I have made my point. I shall not be reiterating :D

  • Haha 1

-----

Click the scales if I've been useful! :)

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