PLease can anyone help with this,

my partners mum works in a school and all staff was been awarded backpay that they were owed , which is £680 , but now she has received a letter from the council saying that sh will not be getting the backpay of £680 instead it is going to her arrears of council tax. can they do this ? even thou she has an agreement in place paying the debt off to them , she was really relying on this extra cash for christmas

many thanks for your time

Is she in a Union?

Is she in a Union?

Hello , yes think so, can she do anything then

Thanks for quick reply

If she is in a Union I think I would be asking them to make representations on her behalf, whilst they may be able to claim some monies - Attachment of Earnings - I can't see they are entitled to it all. Is there a story behind the Council Tax arrears we may be able to help with?

Just trying to get hold off misses mum for the full story, but we know she has been paying full council tax for about 10 year when she should have been getting single occupancy as she lives on her own although she never applied for it

If Mum is in a Union then she needs to speak to them. IMHO, they are not able to do this unless there is already and attachment of earnings in place.

If there isn't, then she needs to ask them on what basis they believe they can do this !

Even if there is n AoE in place they are restricted in what they can take and it will depend on whether she is weekly or monthly paid. See this link for the rates http://www.northampton.gov.uk/info/200028/council-tax/996/council-tax-attachment-of-earnings

I thought they were only allowed to take a certain percentage of your wages?

thanks for all replying , will have all details from her today and post later. I can scan the letter that they have sent also if someone could have a look over it?

also just read on the single occupancy form this bit:

If you wish to claim for a period prior to the 3 months period we need you to provide independent evidence that the facts are as you have stated.

as was saying earlier they were charging her full council tax for 10 years because they were saying that my partner was staying with her , even thou my partner and me are living together for the past 12 years and us paying council tax , so we have proof that she was living her self.

has anyone succeeded in trying to get it all back dated from them , also were in Scotland if that matters with england and scottish laws

many thanks again for all helping

The chances are that backdating may only be for 3/6 months if you are lucky. However I think I would contact the local Councillor(s) and ask them to intervene - nothing lost nothing gained.

Having a AoE in place you would think by law they couldn't take her payback , she is struggling as it is trying to pay them the extra , will try local MP see if they can do anything as you say its worth a try.