Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Two weeks ago I received a copy of two attachment of earnings orders from the council, one for £850 (went to court 17th July 2006!) and one for £340 ( went to court 14th Feb 2007).
Although I knew I was in arrears, they hadn't written to me for a long while and I didn't really want to chase it with them.........anyway I rang them to query this and they said I should have received two notifications for each, the second one being a court summons - I didn't receive anything.
I explained to the woman I spoke to that it was a lot of money to take (12% of my earnings for each order!) and that it'd make it difficult for me to pay my other bills (including mortgage). She wasn't very sympathetic and offered to send me an income and expenditures form (not received it yet).
I got my payslip today and have discovered that they've taken two amounts from my salary, £231.99 and £151.64. Each order said that they'd take 12% of my net earnings so to my reckoning both amounts should be the same?
Has anyone had a similar experience and iIs there anything I can do about this?
Your employer will take your net earnings and apply a percentage for one order and then use the amount left to calculate the second so the second will be lower than the first. There is a table of percentages they use dependant on net earnings. I would imagine if by deducting the first you then fall into a lower percentage band then the percentage may well change as well.
_________________________ _________________________ _________________________ _________________________ ___
IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).
Claims in progress against:
Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk...eldest-fd.html
Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk...go-eldest.html
Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk...t-halifax.html
Eldest - unnamed Mortgage Provider for Charges and incorrect maths.
a sort of fire-fighting role here. Hate HFC & their compulsory PPI ethos
Posts
45,420
Re: Council Tax - 2 attachments of earnings!!
i need to do some investigations, but, if the situation has not changed in the last 10yrs, i was under the impression that you could not have more than one ATE if your net wages were not of a certain level.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
Please consider making a small donation to help keep this site running
thanks for that dx100uk. I've had a search but can't much info at all, only guidance for employers. would it be worth speaking to the citizens advice? could you recommend a site to look at with relevant info?
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
Please consider making a small donation to help keep this site running
You can have multiple attachments of earnings. They can also be consolidated into what is called a Consolidated Attachment of Earnings Order I think. Not sure on the actul mechanics of this though. Certainly if they are from the same place and the Court can of its own volition suggest they are consolidated and I think either party can also request this. The effect I guess of a consolidated order is that they only get 1 bite at your net pay at a time.
_________________________ _________________________ _________________________ _________________________ ___
IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).
Claims in progress against:
Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk...eldest-fd.html
Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk...go-eldest.html
Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk...t-halifax.html
Eldest - unnamed Mortgage Provider for Charges and incorrect maths.
Unfortunately, for council tax arrears' up to two attachment of earnings can be made at any one time but no more than this. The percentage of income repaid can range from 3% to 17% depending on net earnings.
Also' there are no 'protected' earnings for council tax arrears which is different from attachment of earnings orders for county court judgments or under the Child Support Act 1991.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
Please consider making a small donation to help keep this site running
As far as I am aware, there are no 'protected' earnings regarding council tax arrears when it comes to attachment of earnings but I am sure other posters can give you more information if needed.