Attachment of earnings order help

[robdj]

I have been served an attachment of earnings order for missing council tax payments.

 

I find the letters sent to me rather confusing. It says I AM ORDERED by the council to make deductions from net earnings. That bit I understand but then it says. I AM ALSO ORDERED to pay each sum deducted to Rossendales Ltd within the period of 19 days beginning on the last day of the month in which the deduction was made.

 

So does this mean I've got to pay them as well as the AOE. It would be impossible for me to do this as the AOE will make it difficult to live anyway regardless of anymore payments.

 

Thanks.

[robdj]

It is making me ill the thought of the consequences if I didn't make a payment to them. I split up with my ex wife a couple of years ago. I was left with a lot of debt. Our house was repossessed and was in negative equity. In total, about £30,000 is outstanding on that. I'm just wondering whether or not bankruptcy might be the best solution.

 

How would this affect the AOE? I already had more going out than coming in but with this AOE looming, its just going to be impossible.

 

I have 2 AOEs against me, one of which was when I was with my ex wife. Is it right that the council have just come after me for the debt?

[MagnaCarta]

Hey Rob, chill mate, at the end of the day you have committed no crime and the very industry you are indebted to has committed the biggest crimes of all. I'm sure your situation will be viewed by those here far more experienced than me.

 

With regards to the Council Tax, deal with the council only, not the unfit for purpose outfit called rossendales, their TV debut is enough to show them up for what they are. Do you know where your ex is? If so, put forward her details to the council so they can chase her too, you will both have to compromise and come up with some sort of payment plan.

 

Have you had any liability orders?

[robdj]

Thanks very much for your reply.

 

Yes there is 2 liability orders. One dated 2007 and the other dated last year.

[robdj]

I have an address for her but I'm not sure if it is correct. But I do know her father's address.

[tomtubby]

Before debating the rights or wrongs of the Attachement of Earnings orders it is important to go backwards.

 

Did you ever allow the bailiff into your home?

 

Has a levy ever been made upon goods of yours?

 

Have you made any payments to the bailiff company?

 

Did you complete an Income & Expendite form for Rossendales?

 

How much are they wanting to take each month under the AEO?

[robdj]

Hi

 

The bailiff hasn't entered my home. No levy has been made upon my goods. A payment was made to them last year but it seems as if it has not been acknowledged. I haven't completed any income/expenditure form.

 

They are taking 17% of my wages each month under the AEO.

 

Thanks

[MagnaCarta]

Hi

 

The bailiff hasn't entered my home. No levy has been made upon my goods. A payment was made to them last yeareems as if it has not been acknowledged. I haven't completed any income/expenditure form.

 

They are taking 17% of my wages each month under the AEO.

 

Thanks[/quOTE]

 

If what you say is correct, this is absolutely disgusting. Get in touch with the Clowncil and demand this theft from your wages stops immediately. This needs to go back to court. ROSSENDALES are nothing more than legalised thieves. I'd be creating hell if they were tapping into my wages.

 

I'm probably not helping the situation as this type of theft gets my goat. I hope someone here can advise and help get Rossendales filthy paws out of your income directly.

 

Im

[tomtubby]

As many people on here are aware, I have a commercial business providing assistance to the public with regards to a bailiff visit.

 

Since the beginning of the year I have come across a staggering number of enquiries from the public who have discovered that a local authority has obtained an Attachment of Earnings Order in relation to arrears of council tax. This is perfectly legal and further details can be found under paragraph 37 to 44 of the statutory regulations:

 

http://www.legislation.gov.uk/uksi/1992/613/part/VI/made

 

Unfortunately, members of the public appear to be taking "advise" from "less reputable websites" who suggest that a council tax payer should post a notice outside of their home "Removing the right to Implied Access" and that such a notice will bring immediate results in that the bailiff ceases enforcement and thereby returns the debt back to the local authority. Anyone displaying such notices should only do so if they are fully aware of the action that could most likely be taken.

 

Firstly, if the bailiff is unable to collect the debt or levy upon goods then the local authority are allowed to make an application to the Magistrates Court for committal proceedings.

 

More commonly, the local authority will instruct their bailiff provider to make an application for an AEO and as you can see from your case, the amount that can legally be deducted is simply crippling.

 

Did you have a payment arrangement with the local authority ?

 

Were you making regular monthly payments to the bailiff?

 

If the bailiff has NOT levied upon goods, you really must make enquiries to ascertain the amount of any fees that have been charged to your account. This is very important.

[impecunious]

I had a ATO in respect of overpayment of Housing Benefit amounting to just over £1,200.00. I returned my income and expenditure form to the court and, despite, earning a decent monthly salary, the court set the monthly repayments at £5.00. I had a high level of protected earnings .... so was not expected to pay any more than that.

 

Once you've established your total liability and completed your I&E to the court, you might find your monthly repayments reduce.

 

Hope so anyway. That was my experience.

 

Good luck!

 

Impecunious!

Edited April 25, 2013 by impecunious

[tomtubby]

impecunious.

 

I am pleased to hear that you were able to get the courts agreement to repay the overpayment of Housing Benefit by way of monthly repayments of £5. From what you have mentioned you were very lucky indeed. Did you return the Income & Expenditure to the County Court or the Magistrates Court?

 

Also, was this recently?

[tomtubby]

Impecunious.

 

Sorry, I made a mistake in the above post. I should have realised that as this debt related to overpayment of Housing Benefit that it cannot be recovered in the Magistrates Court and instead, it is recoverable by way of civil proceedings in the County Court.

 

In which case, you would have been able to complete Form N56 ( if I remember rightly) and in calculating the amount that can be repaid there is the Protected Earnings Rate which provided that from your income you are allowed to deduct expenses for food, rent, mortgage, utility bills etc.

 

Attachment of Earnings Orders for arrears of council tax are covered under an entirely different statutory regulation and sadly, the "Protected Earnings Rate" does not apply.

[tomtubby]

Robji

 

I am somewhat confused by the document that you have received as the wording that you have stated in your above post is identical to the words stated on the official notice that is sent to the EMPLOYER under Schedule 3.

 

I would suspect that what you have received is a COPY of the notice that has been served upon YOUR EMPLOYER.

 

If so.....no need to panic!!!

 

As for the order stating that your employer needs to send payments to Rossendales Ltd.......again, this is permitted under the applicable Contracting Out regulations and indeed is very common.