- Fri Jun 09, 2006 6:15 pm
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..........
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.