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, JaneClack

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By angusgal
#71164 Hi all,
I stopped paying all my creditors a few months ago ( after seeking advice from an Insolvency practitioner) and have got used toignoring the letters and calls but how long does it take to get a charge for payment???
:?: Once I have finally been issued with a charge for payment how long after the charge would wage arrestment happen ?
I plan to submit my debtors petition as soon as the charge expires so will this stop any arrestment before it happens?
thanks for any advice
:?
By JLP
#71219
angusgal wrote:Hi all,
I stopped paying all my creditors a few months ago ( after seeking advice from an Insolvency practitioner) and have got used toignoring the letters and calls but how long does it take to get a charge for payment???
:?: Once I have finally been issued with a charge for payment how long after the charge would wage arrestment happen ?
I plan to submit my debtors petition as soon as the charge expires so will this stop any arrestment before it happens?
thanks for any advice
:?


Before you get a Charge for Payment-someone must take you to Court. Have a look on the Scottish Courts website for a Friday court date (pick any court) as this is the day that the Civil actions are taken eg Small claims, Summary Cause etc etc. If you look at the Hearings it gives you an idea what Creditors are taking people to Court.But I wouldnt count on it being sometime soon. Some are very quick at it and some threaten it and then just pass it on to another DCA and on it goes.

Once someone takes you to Court (dont turn up of course-just ignore it as Sheriff will find in favour of pursuer automatically), the Creditor will minute for decree.This can take a few weeks as the decree has to be sent by Sheriff Clerk's office (notoriously slow), it goes to the Creditor, then they have to Serve your Charge for Payment by instructing Sheriff's Officers. This is the only way they can enforce the decree (" due diligence)This is usually hand delivered but occasionally by Recorded Delivery.

Once you are issued with your CFP, they CANNOT do any diligence or enforcement action (inc Wage arrestment) until the Charge expires. Of course you will have trotted off to your local Money Advice Agency or CAB who will complete the Court forms for you BEFORE the 14 days expire, and have them completed.You CAN do them yourself but I would get help because you need to keep a copy, send a copy to the Accountant in Bankruptcy by recorded Delivery and take the Rec Del slip to the Court. And take them on the 15th day. If you want, if you poast back when you get the Charge for Payment, I can help you with them over the net.I do this pretty regularly for clients.......... :D

Very very occasionally a Creditor will ask the Court to allow a wage arrestment before the COP expires, BUT this is very rare and there needs to be a damn good reason (cant remember the situation where it was used).But is sooooo rare, I have only come across it once.
User avatar
By angusgal
#71239 Thanks for the advice, I am really quite organised with the forms as I have already got 2 copies just waiting for the CFP to arrive Which I gather may take ages :!: .
Do you get any notice before a wage/bank arrestment happens? or will it automatically commence as soon as the CFP expires i.e day 15?

Thanks
By JLP
#71563
angusgal wrote:Thanks for the advice, I am really quite organised with the forms as I have already got 2 copies just waiting for the CFP to arrive Which I gather may take ages :!: .
Do you get any notice before a wage/bank arrestment happens? or will it automatically commence as soon as the CFP expires i.e day 15?

Thanks


You will need to redo your Bankruptcy forms. They want a list of assets the DAY YOU SIGN YOUR FORM-not months previously.

A wage-Bank Arrestment wont commence on Day 15, they have to give you the 14 days as per the Debtors Scotland Act 1987. They would have to have the forms produced before the 15th day (as you will have done) but they would normally diary it for the 15th day and THEN issue the forms-takes a few days.You wont get ANY notice of a Bank Arrestment (well you could move your money)and only of a wage arrestment AFTER they have served it on your employer.
User avatar
By angusgal
#71565 Thanx for that .
When I said I had the forms I didnt mean I had completed them I have only filled out the info for the court and my name and address ect.

After looking at this forum over the weekend I am begining to realise that it may take much longer than expected to get a charge for payment.
Oh well I will just have to wait.
its just good to know that I am not the only one in this situation and that there are people out there able to offer good advice at a very stressful time. Thanks JLP :)