Attachment of earnings for council tax is there any way to stop it advice needed?

[Jolivic154]

I am in arrears for council tax. I have tried to work with the council to agree a payment plan. But they are just not interested. The council will not listen to me or my circumstances.

 

I don't work as have 4 children 2 have medical conditions and I had to give up work to care for them. My husband works. He earns about £1300 every 4 weeks. I get child Benefits, tax credits, Some dla and carerers allowance. ,

 

The council have just put 2 attachments of earnings put on my husbands wages. The council never told us they were taking us to court, we have received no letters from them until Recieved the attachment or earning orders. The council are taking nearly £500 a month in attachments of earnings.

 

Leaving my husband with only £800 wages left some times less. Our rent alone is nearly £600. I am having to use all the money I get to pay the rest of bills and other debts. But with the amount the council are taking we have no money left to buy food to feed children. It is putting us in real financial hard ship. I have sent the council twice copies of are income and outgoings.

 

There is no way I'm going to be able to pay this years council tax on top of what they are taking so I going to end up in a vicious circle. Is there any way to get the attachments of earnings stopped or to get council to run one attachment of earring at a time .

 

Or is it possible to contact the court and have both attachments of earning put together so they only take one payment each month instead of two. Any advice would be much appreciated. Also does any one have a template letter I could sent send to council or the court. How would I go about contacting the court.

 

Also just out of interested if council get a liability order do they have to go back to court after this to get attachment of earnings order. As it seems they have not. The letter they have sent me with attachment of earning order implies that they got the attachment of earning order at same time as liability order. But have not used it until now they sent out bailiffs first but called the bailiffs off when I complained.

 

Thanks in advance

Edited February 15, 2013 by citizenB

[citizenB]

So you have not been asked to provide a budget form so it can be seen what your expenditure is?

 

I think you might need to ask the court for a redetermination.. but I will try and find someone who knows for sure.

[citizenB]

As this is for Council Tax, I have moved you to the dedicated forums where you might attract more attention anyway... However, I have alerted site team for you.

[Jolivic154]

No I have not been asked to provide a budget form but did supply the council with a copy of my income and out goings my self. To try and explain the situation but the council don't care. I was not given the chance to supply my income and outgoing to court as the council never informed me they wre taking me to court.

[citizenB]

I am sure that there will be plenty of advice provided soon. Most of the people who would normally patrol these forums will more than likely look in once they have finished their day jobs.. I know it is easier said than done.. but try not to worry.. I am sure there is something that can be done

[ploddertom]

May I ask who your Council are?

[Jolivic154]

My council is South Lakeland district council if this helps in cumbria.

[ploddertom]

When you supplied your I&E to the Council was just something you put together or was it with help from elsewhere? Here's a one I find pretty good supplied - the link tothe actual calculator is at the bottom of the page http://mymoney.nedcab.org.uk/moneyadvice/quickfsintro.asp

[ploddertom]

My council is South Lakeland district council if this helps in cumbria.

 

Thank you for that. I suspect strongly that whoever you spoke to at the Council is not a Council employee. Your Council appear to be one of the money that have outsourced their admin functions to a company called Capita, they are not particualarly helpful.

 

I would strongly suggest you contact your local Councillor(s) and ask them to intervene on your behalf. If they refuse or are reluctant then go straight to the Leader of the Council and his opposite number. In my view Councillors are available 7 days per week up until 9pm and best initial contact is via phone. I appreciate it is late Friday now but it gives you something to work on and hopefully someone can take it up for you first thing Monday. You will still get more help & suggestions here and do nothesitate to ask questions even if you think them innocuous.

[ploddertom]

Here's another one you should have a look at as it tells you how much should be deducted.

 

http://www.northampton.gov.uk/info/200028/council_tax/996/council_tax_attachment_of_earnings

[Conniff]

Self-employed, unemployed, or member of the armed forces can not have an attachment against them.

[Jolivic154]

Conniff I don't mean to sound rude but I don't get how you message helps me in any way. My husband is employed as stated above and attachment of earnings is on his pay. The council tax attachments of earning is in joint names mine and my husbands.

[Conniff]

I don't take that as being rude Jolivic, I was hoping your husband might have been included in one of the above.

[id6052]

jolivic154

have you checked whether you are entitled to housing benefit or council tax benefit

your council provides an online calculator here

https://southlakelandclaims.teamnetsol.com/

 

ploddertom

i have noticed that you often suggest that various Local Authorities have outsourced their Revenues/Benefits to Capita

can i ask what this is based on, because as far as i am aware South Lakeland has always delivered Revenues/Benefits in-house

[AndyOrch]

You have 14 days to let them know if you disagree, once it has been put in place (the creditor may also not agree with the order, if so the 14 days rule also applies to them). You must then write to them to advise why you disagree, and ensure to keep a copy of the letter for yourself. You will then be invited to a hearing to state your case; make sure you have all the requested documents with you.

 

Changing the details of the Attachment of Earnings Order at a later date

 

If in the future you need to make changes to the Attachment of Earnings Order, you can do so by applying to the courts with a N244 form. You must state why you cannot afford the deductions set by the court, and provide them with full details. You can also use this form if you’re working circumstances have changed. Fee £80 pounds that will be charged for this application, however if may be wavered if you receive benefits.

[ploddertom]

 

ploddertom

i have noticed that you often suggest that various Local Authorities have outsourced their Revenues/Benefits to Capita

can i ask what this is based on, because as far as i am aware South Lakeland has always delivered Revenues/Benefits in-house

 

The giveaway is in searching deeper within the Council sites, with this one I see that payments are dealt with via Capita which may suggest they have taken on board their services in other departments. The only sure fire way to find out is when ringing the Council to ask if you are speaking to an actual Council employee or not.