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Can someone please advise me on C/Tax /attachment of earnings orders.


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Hi can any one advise me what to do because i am pulling my hair out!. For the last couple of years on/off i have had council tax submitting attachment of earnings to my employer , 2 at a time most of the time which has left me with couple of hundred quid to live on, that includes all my bills to pay. when i get paid i am skint within the week, which leaves me having to walk to work for the next 3 weeks.

On my payslip it says court order, but i have never heard from any court. the copies of previous orders don't look like they came from the court, just from council tax to employer stating they were court orders. they have commenced taking over £550 per month for previous years. don't know how long i can go on before i have a breakdown. can any one advise me please. thanks

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The council apply to the court for an aEO and send that AEO to you. It is an offence not to fill it in and send it back.

 

You can ask the court, however, to set a more reasonable amount taken from your pay to leave you enough to live on.

 

If you don't have the details of the court, then ask the council.

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Thank you conniff for your reply. the only paperwork i have been sent is council headed note paper with spelling mistakes,

I thought at least it should have some kind of court references? i even did a trust online registry check & nothing registered in my name.

If the council can just give my employer the same paperwork without official stamps etc, what about due process?

I also noticed the other evening one the the summons numbers was paid twice? same numbers different amounts.

So basically the council can just write their own Aoe's. thank you once again conniff. ps never heard from the court regarding Aoe's.

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The following is a copy of a page from another website, unfortunately not allowed a link to it:

 

Attachment of Earnings Orders…AEO

 

If you cannot pay your Council Tax arrears and a Liability Order has been granted, the local authority can legally apply for an Attachment of Earnings Order against you. This means that the Council can instruct your employer to make deductions directly from your salary to pay towards your outstanding arrears. The employer is allowed to deduct a fee of £1 from the amount deducted to cover their administration costs.

The amount to be deducted will be calculated by your employer from your net earnings (ie: after tax and national insurance have been applied). The amount of “earnings” will include any bonuses and overtime.

Many more local authorities are applying for Attachment of Earnings Orders and it is assumed that the reason for this course of action to be taken is that the debt would very likely be paid back quicker than if passed to a firm of bailiffs. A further point of concern is that many people in times of financial difficulty are visiting websites that purport to office “advice” and instead encourage debtors to display a Removal of Implied Right of Access Notice on their front gate or front door in the mistaken belief that displaying such a notice will deter a bailiff from coming to your front door. These notices do not work and instead, many local authorities faced with such a notice being displayed will instead apply to have the debt deducted by way of an Attachment of Earnings Order !!!

To calculate how much will be deducted by your employer under an Attachment of Earnings Order please see below:

Net Weekly Earnings

 

Weekly Deductions

 

Deduction Rate

 

Up to £75 Nil 0% Between £75 and £135 £2.25 to £4.05 3% Between £135 and £185 £6.75 to £9.25 5% Between £185 and £225 £12.95 to £15.75 7% Between £225 and £355 £27.00 to £42.60 12% Between £355 and £505 £60.35 to £85.85 17% Exceeding £505 Minimum £85.85 17% in respect of the first £505 and 50% of the remainder Net Monthly Earnings

 

Monthly Deductions

 

Deduction Rate

 

Up to £300 Nil 0% Between £300 and £550 £9.00 to £16.50 3% Between £550 and £740 £27.50 to £37.00 5% Between £740 and £900 £51.80 to £63.00 7% Between £900 and £1,420 £108.00 to £170.40 12% Between £1,420 and £2,020 £241.40 to £343.40 17% Exceeding £2,020 Minimum £343.40 17% in respect of the first £2,020 and 50% in respect of the remainder I already have a deduction from my wages for a loan.

 

Many people have outstanding loans ( for instance…. for the purchase of a yearly season ticket) which are deducted monthly from their wages. Given that the Attachment of Earnings Order is a legal order it takes priority.

I already have one AEO…can the council apply for another one?

 

Yes. If you already have one Attachment of Earnings Order in place a new AEO can still be imposed , in date order, with the later order being applied to the residue of earnings. If there are already two AEO’s in place, no further orders can be imposed.

Will deductions be made if I am on sick pay?

 

Yes. The deduction is worked out using your net wage. If your earnings reduce then the amount deducted will also reduce. If you know that your earnings are too low to make deductions you must contact the local authority immediately as failure to do so will mean that the account will be referred to bailiffs to enforce.

Can I make an alternative proposal to pay?

 

No. Once an order has been sent to your employer it will only be stopped if you pay the outstanding amount in full to the local authority.

What if I lose my job or change employer?

 

If you change jobs, you MUST tell the local authority immediately of your new employment details.

If you are no longer working, you must contact the local authority as you may be entitled to some benefits and, depending on when your employment ceases, the amount under the Liability Order will very likely be reduced as Liability Order will in most cases be calculated to the end of the council tax year ( ie: end of March). If you fail to contact the local authority the debt will be passed to a firm of bailiffs to enforce.

If you are subject to an Attachment of Earning Order you need to be very careful to ensure that you make frequent enquiries with your employer to confirm that they have paid the deductions to the local authority. This is very important because in this difficult recession many companies have gone into liquidation or are struggling financially and we have received a lot of reports from debtors that the amount deducted by their employer under an Attachment of Earnings Order has not been paid to the council. If this happens, you are still liable to the council…. even though your employer has deducted the money from you !! As long as you retain copies of your pay slips to evidence the deduction most councils will apply discretion and will not pursue you for payment.

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Is there a limit to how many earnings attachments someone can have on their wages or a limit to how much can be taken towards these attachments per month ?

 

My daughter currently has three attachments for council tax for various underpayments over the past few years and also one for a CCJ for a credit card.

 

She has now received a further notice of attachment from the council for yet another attachment which will make five in total.

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AFAIK the Council can only operate a maximum of 2 at a time. If so many and particularly for the CCJ she needs to go back to Court to have it renegotiated. here's a link to a Council website that shows what they are allowed to take:

http://www.northampton.gov.uk/info/200028/council-tax/996/council-tax-attachment-of-earnings

 

Also have a read of this one

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm

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Hi annpow , can i ask you if your daughter received the attachment of earnings from the court or the council? because i myself have never seen a attachment of earnings order / liability order from either court or council.

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The council tax attachments come from the council, on their headed paper, they also wrote to her employer. I presume it will have gone through the local court.

 

She also has one for a CCJ from Northampton court, which was passed to the local court to assess her earnings and work out what she could afford.

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She needs to get back on to the Council and check to see how many are currently operative - it may be that there are more than 2 but are waiting for one to finish before bringing another into play. If faced withnon-cooperation from the Council then get on to the local Councillor(s) to fight her corner. If they do have more than 2 in operation at present then they are breaking the law.

 

As for the one against her CCJ did she advise in her I&E she was making other payments - if not then she needs to go back and have it re-assessed.

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The council tax attachments come from the council, on their headed paper, they also wrote to her employer. I presume it will have gone through the local court.

 

The council don't apply for the court for a council tax attachment of earnings.

 

When the court grant the council a liability order they are then delegated a set of recovery powers to use at their discretion - this includes the power to issue the attachment of earnings orders without further involvement of the court.

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