Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Leebee Novitiate

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    Default Council Tax - 2 attachments of earnings!!

    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 mortgageicon). 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?

    Thanks

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  2. #2
    Basic Account Holder half ax I Novitiate half ax I's Avatar

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    Default Re: Council Tax - 2 attachments of earnings!!

    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.

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  3. #3
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    Default 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.

    you might wish to investigate this yourself.

    dx100uk

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  4. #4
    Basic Account Holder Leebee Novitiate

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    Default Re: Council Tax - 2 attachments of earnings!!

    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?

    thanks


  5. #5
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    Default Re: Council Tax - 2 attachments of earnings!!

    i can only find [quickly]
    Attachment of Earning Orders

    i cannot find anything indicating what i have mentioned.

    might be an idea to start a new threadicon in the general setion?
    entitled 'can i have more than one attachment to earning?'

    see who pops up

    sorry

    dx100uk

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
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  6. #6
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    Default Re: Council Tax - 2 attachments of earnings!!

    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.

    Try these links for further info - CCR ORDER 27 - ATTACHMENT OF EARNINGS

    Debt Factsheets - Attachment of Earnings Order

    _________________________ _________________________ _________________________ _________________________ ___
    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.
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  7. #7
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    Default Re: Council Tax - 2 attachments of earnings!!

    Hi Leebee,

    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 courticon judgments or under the Child Support Act 1991.


  8. #8
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    Default Re: Council Tax - 2 attachments of earnings!!

    thanks billy, thats clarified it for me [it was 12yrs ago mind!]
    i knew there was some rule about council tax ones

    and to half - great links
    couldn't find them for looking last night!

    dx100uk

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    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
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  9. #9
    buda01
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    Default Re: Council Tax - 2 attachments of earnings!!

    r u sure about the protected earning regarding council tax


  10. #10
    Basic Account Holder Billyhunt Novitiate Billyhunt's Avatar

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    Default Re: Council Tax - 2 attachments of earnings!!

    Hi buda01

    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.


  11. #11
    Basic Account Holder Leebee Novitiate

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    Default Re: Council Tax - 2 attachments of earnings!!

    thanks everyone for your replies, I'll delve further and let you know what I find out



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