Bank Account Arrestment

[delboytrotter]

Hi All, i just wanted to share an experience i have just helped some one with, Single Mother that had her bank account stopped by the Sheriff Officers, but she was getting working tax credit, child tax credit and child benefit paid into same account, so i wrote the following (copying it from differing places)

 

Your Name And Address

 

DATE

Sheriff Officers, Bank Address

 

Dear Sirs,

Wrongful Arrestment – Working & Child Tax Credit

YOUR NAME, Account Number YOUR ACCOUNT NUMBER

I refer to your recent arrestment of funds in my account, number NUMBER.

I enclose a copy of my bank printout which confirms that the funds in said

Account derive from tax credits, paid to me by HM Inland Revenue, (or social security ben, or child benefit paid by DWP ETC ETC)

Both the Scottish Law Commission and Scottish Executive concede that social security benefits are exempt from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). Section 45 of the Tax Credits Act 2002 is an identical provision to the said section 187 of the 1992 Act.

It is therefore trite law that tax credits and other such maintenance or social security benefits are exempt from arrestment. The case of Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499 is authority for the proposition that where exempt monies are paid into a bank account, those monies remain exempt from arrestment insofar as such monies can be clearly identified within an account.

As noted, I enclose a copy of my account printout which clearly identifies £AMOUNT of tax credits. I would respectfully submit that any refusal to consent to the release the arrested sum of £AMOUNT from my account immediately will constitute wrongful diligence. Please advise in writing as a matter of urgency whether you will instruct and authorise The YOUR BANKS NAME to release said sum today. If you fail to do so I will instruct an action for wrongful diligence and payment to be raised along with a claim for damages and interest on the above sum, and will also report this matter to the Sheriff Principal in terms of the Debtors (Scotland) Act 1987.

I have also copied this letter to my bank as I am sure they will want to be aware that you have arrested monies which are exempt from arrestment and as such you may have prejudiced them in this unlawful act.

This letter is sent recorded delivery the DAY of MONTH YEAR and is expected to be delivered on the DAY of MONTH YEAR, I will allow you seven days to ensure that the arrested sum is released and any subsequent arrestment is not made on my CHILD OR WORKING TAX CREDITS(OR SOCIAL BENEFITS ETC). Failure to adhere to the above may result in court action being taken against you. If you are unable to cancel this arrestment or subsequent arrestment then I reserve the right to claim interest and damages from you until such time as you are able to cancel this unlawful arrestment. For your information it would be acceptable for my bank to release these funds as any court order granted on my Working or Child Tax Credits has been done so unlawfully under section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). and Section 45 of the Tax Credits Act 2002

I look forward to your urgent response on or before the DAY of MONTH YEAR.

Without prejudice.

Yours faithfully

YOUR NAME

INCLUDE A COPY OF YOUR PRINT OUT SHOWING AMMOUNTS INVOLVED

now i was basically just trying it on a bit as i am unsure of what is actually the case here but when these letters (one addresses to the Sheriff Officers and one copied to the bank) were delivered my friend went into the bank and they crapped themselves, the bank apoligised and said they would release the money promptly and they instantly covered her direct debits that were due to come out, recalling one that had failed and paying it etc etc, then made sure she had enough money to see her through the day etc etc, (i had forwarned my friend that she must be harse and tell them the damages from this MISTAKE would be claimed at the full arrested amount daily until it was reversed and their would also be a claim for the worry and stress and interest which would amount to several thousand pounds)

SO THAT SORTED THE BANK OUT.

Next the Sheriff Officers were called and even though they tried to argue otherwise after being told they also would face a hefty damages claim (thousands of pounds) if they did not reverse this decision they also conceded that they could not hold the arrestment if there was benefits of any kind invloved in the account, which even though they were aware of they still wanted to argue that they could arrest what ever money she had, until they were asked to provide proof of the piece of legislation that allowed them to arrest benefits, to which they replied "WE CAN NOT PROVIDE THAT BECAUSE WE ARE NOT ALLOWED TO TAKE BENEFITS" funny that is just what we have been telling you.

Long Story, done shortly

JOB DONE, MONEY IS RELEASED (ALTHOUGH IT TOOK A COUPLE OF DAYS TO GET ACCESS TO IT) FRIEND DELIGHTED, AND SHERIFF OFFICERS ONLY ABLE TO ASK IF SHE WOULD CONSIDER PAYING THEM A SMALL AMOUNT MONTHLY TO WHICH SHE AGREED(ON HER TERMS).....TA DA

Best job i have done yet and i have empowered one more person, i was dead chuffed.....all thanks to CONSUMER ACTION GROUP and GOVAN LC

Cheers people you really are the best...

[powelll]

Well done mate what a result for you ( well, the person you helped! ) Gives us all hope

[delboytrotter]

DELBOY TROTTER ONE

SHERIFF OFFICERS NIL

i am well chuffed, cheers. the mate that i helped is even more chuffed than me!

[caro]

Well done delboy. Seems you were spot on with this. There is also a right of appropriation letter in a sticky at the head of the forum, but it's useful to have some info on Scottish remedies too.

 

Well done and thanks.

[delboytrotter]

final update on this one, the person got there money back and the Sheriff Officers have since written their apoligies, they have asked her if she can come to some arrangement for payment and the person has made a reasonable offer (i think it is about £20 week) which they have accepted.

 

The person who owes the council tax has been trying to pay the balance and was paying £50.00 a week out of her wages without a single missed payment and the Sheriff Officers still arrested her bank account, so i feel they did a great dis-service to themselves and got what they deserved.

 

I hope this is some help to others out there who find themselves in a similar situation.