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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
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    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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Council Tax - 2 attachments of earnings!!


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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?

 

Thanks

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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/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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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:)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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:)

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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 thread in the general setion?

entitled 'can i have more than one attachment to earning?'

 

see who pops up

 

sorry

 

dx100uk:)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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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 court judgments or under the Child Support Act 1991.

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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;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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