Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, Sarah

ByAaron
#39365 (Im in Scotland)

I have just had my wages arrested. It will mean I will pay out £260 per month out my wages. :shock: That is only one creditor, I have another 3 or 4 owing around £50,000. Is there anything I can do (maybe a trust deed) to pay off all my debts over 3 years and include the one they have arrested my wages for?

There is no way I can pay all of this and may be better quiting my job and getting made bankrupt.

Thanks.
ByJLP
#39905 Hiya

YOu have 2 choices to have a wage arrestment lifted.Trust Deed or Debt Arrangement Scheme.If you have a surplus Income that can pay your debts off in a reasonable length of time.

Do you have any assets to protect? House Car perhaps?

Do remember that no one else can arrest your wages.Well they can but it would be whats called a "conjoined arrestment".You can only have one other creditor arresting your wages BUT you will still only pay the same amount of £260 and its divided between 2 creditors. The Creditor has to apply to the Courts to do this and need their permission.

I would suggest that you contact http://www.moneyadvicescotland.co.uk and get a Debt Advisor from there.

Do NOT go to Payplan or CCCS, great organisations but they CANNOT and DO NOT offer all options to Scottish clients.

I would need to know what your surplus Income is a month to give you better advice.To do that, check the I and E on the website I gave you-is Under Common Financial Statement, or use the one on the National Debtline Page.
Byskintflint
#40213 can your wages be arrested without going to court? hfc bank are threatening this although i have told them i am in the process of setting up a dmp with cccs!
ByJLP
#40225
skintflint wrote:can your wages be arrested without going to court? hfc bank are threatening this although i have told them i am in the process of setting up a dmp with cccs!


Yes-if Council Tax debt, they only need a summary warrant. Normally other creditors will have to go to court, but I am sure there IS a way they can do it pre-decree (think they need permission from the Sheriff first).Will double check the Debtors Scotland Act-it isnt commonly used though and have never had a client who its happened to.

Need to post the complete answer when I am at my desk on Monday
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