Applications for orders that an earnings arrestment is invalid

CPAG

Applications for orders that an earnings arrestment is invalid

If the client believes that an earnings arrestment has been incorrectly served or miscalculated, they can apply to the court to recall it as invalid using Form 32.1s50(1) D(S)A 1987

The court has the power to determine any dispute between the client, creditor or employer and make orders, including the reimbursement of any payment made in the operation of the arrestment which ought not to have been made or the payment of any sum which ought to have been paid in the operation of the arrestment but which has not been paid. This is requested by completing Form 33.2s50(3) and (4) D(S)A 1987

1 s50(1) D(S)A 1987 »

2 s50(3) and (4) D(S)A 1987 »

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Debt Advice Handbook Scotland 1st ed - with new material

Written in partnership with Citizens Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including on interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with bailiffs. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s abilities to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt adviser as a first step in accessing primary legislation and regulations, and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughou

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CPAG

This content was last updated:2024-10-22

Word count182,696

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