Attachment of Earnings Order & Mental Health Issues

[No-hoper]

Hi all,

I am suffering from stress and depression, am currently under medication and due to be referred to a psychiatrist in the new year. I am just about holding onto my job, but I am taking more and more days off - which is a worry in itself.

 

Last year my council issued an attachment of earnings order for outstanding tax arrears because they didn't accept my proposal to repay. My local MP managed to get it withdrawn (thankfully), but I still had the embarrassment of my workplace being made aware. I told the council about my mental health then, and offered to provide proof, but they didn't want it.

 

The same council have now served another one for arrears going further back.

I am owed deposit money from a previous landlord who failed to return it (in the same period as sthe council's claim) and that money was earmarked to pay off my council tax. I'll now have to borrow the money to take him to court.

I'm also claiming back PPI which will help pay these arrears and some others. All I need is some more time to get these owed monies and they will be paid in full.

 

So far, the council show no interest in helping me or understanding my situation. They want their money now and that's that.

 

My question is this, should the council pursue me so agressively if I have mental health issues?

 

Very grateful for your advice, am finding it hard to cope.

Thanks

[No-hoper]

Hi again,

I posted earlier today about advice regarding attachments of earnings served on people with mental health issues.

I haven't had a reply yet, but in the meantime I've been researching and now discover that I should have been sent a form from the court N56 which I would have 8 days to return, with (amongst other things) my offer of repayment and explanation why my offer should be accepted over the creditors proposed level of payments.

I haven't received this form.. just notification from the council that they have written to my employer instructing them to make payments.

 

Can anyone tell me what I can do now please?

This is the second AoE this council have issued. They dropped the last one after intervention from my MP explaining my state of health, but I hadn't received an N56 from the court then either.

Can the council (or the court) really just issue the AoE without giving me the chance to respond?

 

Thanks for reading.

[nohope]

As far as i can remember the court have nothing to do with it. its the council that send the letter of to an employer and the employer has no choice but to follow the letter to the work.

My other half has just had this done and i asked CAB and they said the council have the power after a liability order is gained to go for attachment to earnings if they see this as the best option of getting regular payments.

[No-hoper]

WellI've been reading a fact sheet from National Debtline, and it states that thecouncil can go straight to the employer if they have those details, but thecourt must still send the debtor the N56 form

 

" If thecreditor makes an application for an attachment of earnings order, the courtwill send you a form to fill in called an N56. This asks you to fill in:name, address and number of dependants; your employer’s details; your incomeand outgoings; any other debts and court orders that you have.

 

There is a sectionasking you to make an offer of payment that you can afford. You should fillthis in and make sure you have included details of all your other debts and howmuch you are paying to other creditors. You can also ask the court to agree tomake a suspended attachment of earnings order by ticking the box and filling inthe reason why you want a suspended order. This could be that you may lose yourjob or promotion prospects if your employer finds out you are in debt. “

 

So I'mconfused now.. how come I didn't get this form and get the opportunity to fightmy corner?

 

If I have topay the order, I will probably end up bankrupt because I'm already paying alarge monthly repayment to keep on top of the current year's council tax.

 

 

 

 

Why have I received an Attachment of Earnings order?

The Council has issued an attachment of earnings order because you have not paid your council tax by the date shown on your bill and the Magistrates Court have granted a Liability Order against you.

This allows the Council to issue an attachment of earnings order which we has been done because an arrangement for payment has not been made, or maintained as agreed.

 

 

No mention of any form they need to send you anywhere.

 

How is a Council Tax Attachment of Earnings Order made?

 

When a council tax bill is unpaid, we follow a process to allow us to recover the debt. We can apply to the magistrates court for a summons to be issued regarding the non payment of council tax. If we can prove to the magistrates that the council tax bill is correct and outstanding, the court will issue a liability order. We can also apply costs to the account to pay the money we have spent to recover the debt.

Once we have a liability order against an account holder, we have a number of options which we can use to recover the debt. This includes applying an attachment of earnings.

If we decide to recover through an attachment of earnings, we will write to the customers employer with an attachment of earnings order. We also send a copy of this order to the debtor. The order is a standard form which sets out the amount of council tax outstanding and the employers responsibility to comply with this order.

 

Are you a council employee? I'm not sure if you are quoting a document in your posts, or are a council employee quoting rules - sorry.

I'm not querying why the order has been made... I'm painfully aware of why it was. I want to know why I haven't been sent this N56 form (as I mentioned above).

 

Not at all. It was just a copy and paste from a couple of site from a quick google search.

 

Looking up the form your on about it states that council tax arrears are dealt with differently so I think that's why you didn't receive a N56.

 

In all my searches non of them have said anything other than after a liability order is granted the council can send an employer an attachment of earnings and all they need to do is send you the same paperwork to let you no what there doing.

[ploddertom]

Are you a council employee? I'm not sure if you are quoting a document in your posts, or are a council employee quoting rules - sorry.

I'm not querying why the order has been made... I'm painfully aware of why it was. I want to know why I haven't been sent this N56 form (as I mentioned above).

 

Are you sure you are not looking at AoE to do with CCJ's?

[ss002d6252]

An N56 is only issued where an AOE is issued through the county court (an option for council tax but very rarely used) - a council tax AOE is issued by the council under the council tax (administration & enforcement) regulations 1992 at their discretion once a liability order has been granted, no further application to a court is required before the council can issue the order.

 

Once the liability order has been granted by the magistrates court for unpaid council tax the council only need to issue the paperwork for an AOE, this could be done straight after the granting of the order if the so wish - the liability order gives the council the delegated powers to issue the order.

[ss002d6252]

My question is this, should the council pursue me so agressively if I have mental health issues?

 

Nothing in law prevents them from doing so - they may have local policies but that is at their discretion.

 

An attachment order isn't aggressive, if they wanted to be then they would use a bailiff.

[outlawla]

...An attachment order isn't aggressive, if they wanted to be then they would use a bailiff.

 

And don't forget, the council tax regulations are so flawed that aggressive action is made lawfully available to authorities for transgressions as minor as late payment.

[gumbobriggs]

So, the council don't have to issue the N56?

 

also, what happens if the council can't be bothered to get the correct details? we've recieved a council issued AOE but it's been sent to my partner's employers that she left 2 years ago!

 

we certainly don't and didn't want them knowing our personal business!

[ss002d6252]

So, the council don't have to issue the N56?

 

Not if they issue an AoE through the standard council tax route ( council tax (administration & enforcement) regs 1992) - they do have the option of the county court route but I've never come across one who does.

 

we've recieved a council issued AOE but it's been sent to my partner's employers that she left 2 years ago!

 

Regulation 37 states " (3) The authority may serve a copy of the order on a person who appears to the authority to have the debtor in his employment; and a person on whom it is so served who has the debtor in his employment shall comply with it.". The council will use the last information they have on file to issue the order.

 

 

we certainly don't and didn't want them knowing our personal business!

 

The employer or the council ?

 

If its the council you have no choice in the matter,they can issue the AoE to who they believe is the employer and/or issue you a legal notice under regulation 36 to request the information.

[gumbobriggs]

The employer or the council ?

 

If its the council you have no choice in the matter,they can issue the AoE to who they believe is the employer and/or issue you a legal notice under regulation 36 to request the information.

 

I meant the previous employer

 

We've never had any dealings with the council which has involved us informing them of my partners work details, so how they've come up with these details that are 2 years out of date I'll never know!

[No-hoper]

Hi again all,

Can anyone help me with this please?

 

I've been chased by bailiff from Ross & Roberts for outstanding council tax,

and I wrote to explain my financial situation,

and my that due to depression I asked them to stop visiting my house

whilst I dealt with the council to get full details of what I owed.

 

I believe I had paid the amount in full (with the last of my savings) so I (obviously) wanted to know what this was about.

 

They did leave me alone, but I didn't get a response from the council,

and now an AOE has been served without any further communication from bailiff or council.

 

Are they allowed to do this without giving me the opportunity to defend myself?

 

I don't have any more money to pay this,

or the other debts which have all raised their heads at the same time.

 

No-one seems to want to allow me to pay installments

so I'm thinking I'll need to declare myself bankrupt as I can't see any other option.

[queensclose]

yes they can.

[MagnaCarta]

Chill No-Hoper,

 

How much outstanding?

[sequenci]

Hello there.

 

They can go for an AOE - If you're interested you can find the council's powers under Regulations 36-43 of the Council Tax (Administration & Enforcement) Regulations 1992. There is no need for an application to be made to a court - which is different to County Court Judgments.

 

Hope this helps.

[Conniff]

Hi no hoper, lets start by listing how much is owed and to who ?

[ploddertom]

Does this have anything to do with your other thread about Newlyn, or is it a separate one?

[No-hoper]

Does this have anything to do with your other thread about Newlyn, or is it a separate one?

It's a different one. I've had a number of these things all surface at the same time. Just when I've paid one off another arrives and now I'm swamped - with no funds left to pay them.

[No-hoper]

Hello there.

 

They can go for an AOE - If you're interested you can find the council's powers under Regulations 36-43 of the Council Tax (Administration & Enforcement) Regulations 1992. There is no need for an application to be made to a court - which is different to County Court Judgments.

 

Hope this helps.

Thank you

[No-hoper]

Hi no hoper, lets start by listing how much is owed and to who ?

Hi, and thank you.

 

The most important ones where bailiffs are chasing or AOE is in place are are council tax debts.

 

I've been going through the various bailiff notices to try and work out exact figures, and they seem to fluctuate for some reason (as in, decreasing in some instances). I'm even more confused now, but my best estimate right now is:

 

Epping Council - £937.00 at Dec 12, now £711.00 at January

 

Croydon Council - £1969.00 & £558

 

Total £4175.00

 

 

Thanks

A

[No-hoper]

Chill No-Hoper,

 

How much outstanding?

 

Thanks - please see response further down.

[tomtubby]

The most important thing that you need to do is to CALL the relevant local authorities and obtain from them the precise amount of the Liability Orders that had been passed to Ross & Roberts to enforce.

 

Unless you know the "starting figure" it is impossible to ascertain whether the fees charged are right or wrong.

[No-hoper]

The most important thing that you need to do is to CALL the relevant local authorities and obtain from them the precise amount of the Liability Orders that had been passed to Ross & Roberts to enforce.

 

Unless you know the "starting figure" it is impossible to ascertain whether the fees charged are right or wrong.

 

Thank you - I'm doing that today.

[tomtubby]

One you have the figures please post back.

 

Also, can you get details of the breakdown of fees for each account?