wages arrestment

[lovey]

Having purchased a car could not keep up repayments, I returned car back to finance company with less than half of money owed still outstanding. The car at the time was estimated to be worth £4500 .I received a letter telling me the car was sold at auction for £1500 and I now owed £8700 .I contacted them at the time but was told the debt had been passed over and details would follow ,but never did .Next thing I know my wages had been arrested ,I have tried to get companies name also had no luck threw the court .I have in total paid back £4000 threw my wages arrestment with £3700 still outstanding .As I have never had an official document or breakdown of costs ,sale of car ,as cant understand massive increase in balance ,or nothing official to say car was sold for £1500.Is there anything I can do to have this wages arrestment stopped .Many Thanks Lovey

[charitynjw]

Re: wages arrestment

Hi lovey.
[MENTION=71570]R0b[/MENTION]......could you take a look?

[R0b]

Re: wages arrestment

Arrestment of wages is Scottish law, not within my remit I am afraid.

However, a quick look at the CAB website says this LINK HERE:

Fixed penalty, a fiscal fine or a compensation offer

The local authority and Fines Enforcement Officers of the Scottish Court service can get special fast track powers under an extract registered decree arbitral. If you don’t pay the fine or respond to the offer to pay compensation you can have more action taken against you, for example, your wages or bank or building society accounts arrested. There is more about Fines Enforcement Officers at www.scotcourts.gov.uk

Can some of my wages be taken before I get them

Check above for fast track procedures to make deductions from wages for child maintenance arrears and overpayment of benefit
Anyone who is employed (apart from serving members of the armed forces) can have their wages arrested. This may be referred to as an earnings arrestment. A creditor who uses this way of making you pay your debt must have served a charge for payment and given you a Debt Advice and Information Package explaining your rights and encouraging you to go for advice. If the creditor has not done this arresting your wages is illegal.
If your wages are arrested there are strict rules about how much money can be taken and what happens if more than one creditor tries to arrest your wages at the same time. The amount taken will depend on how much you earn. The wages that can be arrested can include commissions, bonuses and statutory sick pay. You can get more advice about wages arrestment and how much can be taken towards your debts from a Citizens Advice Bureau (CAB).
Your employer may, as a condition of your employment, have a clause in the contract that states that wages arrestment is a matter for which you should be disciplined. This is common practice in some areas of work, for example, in the financial institutions. You may therefore need specialist employment advice as well as debt advice for example, at a Citizens Advice Bureau.

[lovey]

Re: wages arrestment

hi thanks for previous advice,i have just received a letter from Shoosmiths llp solicitors ,they have been instructed by their new client Capquest investment ltd who have just purchased the debt .they are asking for a new expenditure form to be completed ,they are threatening to charge the decree that has been granted against me ,and may arrest my wages ,They are already been arrested and have been for over 3 years ,he also says he has the right to obtain a inhibition preventing me from selling my property. this was unsecured car finance which they now say I owe £5194.87.can make them disclose previous payments court documents for a full breakdown.where do I stand legally .HELP PLEASE Thanks lovey

[lovey]

Re: wages arrestment

morning members ,is there any help out there ,before I contact Shoosmiths as I don't want to be bullied as any contact before with these situations are intimidating . I am completely in the dark as to what I can do .Can I force them to provide documents from original wage arrestment Please HELP Thanks everyone

[R0b]

Re: wages arrestment

Hi Lovey, this forum is predominantly based around English law and Scottish law is entirely different there may not be many people here experienced in Scottish law so you might not get the answers you need.

You might need to seek advice specifically in Scotland, or see here https://www.citizensadvice.org.uk/scotland/

[lovey]

Re: wages arrestment

thanks anyway will check with cab cheers Rob