Council Tax AOE problems

[f1man2004]

Dear all,

 

Firstly my apologises if this is in the wrong forum, not posted here for a long time and not really thinking straight at the moment.

 

Currently, we are a real financial mess and one big issue is AOE's from the local council.

Does anyone know if there is a mechanism through the court to get this suspended or reassessed?

 

The local authority don't want to know in terms of our serious financial hardship, even written to Deputy Chief Exec of council and was told, sorry, no help available as we have previously been 'lenient' with your situation. I have referred this to the Ombudsman as well as my local MP.

 

Currently, latest deduction of £250 from my salary has left us with only £700 to live on for a month as a family of 4. We don't qualify for ANY benefits as I have a salary of £23000 before deductions, so slip though the safety net.

 

Getting extremely desperate, so ANY advice or help would really be welcome

 

Many thanks

David

[AndyOrch]

Hi f1man and welcome to CAG

 

Can you do anything about an attachment of earnings order once it's been made?

 

If you can't afford the payments

 

If you think too much money is being taken out of your wages, you can tell the court you don't agree with what your creditor has asked for.

 

You have 14 days from the date the original order is made to do this. If the order has been in place for some time and your circumstances change, you can still apply to the court to change the terms of the order. A hearing will be arranged and a judge may make a different order.

 

You can get help to ask for less money to be taken out your wages in an attachment of earnings order, from an experienced adviser at a Citizens Advice Bureau or similar.

 

Regards

 

Andy

[AndyOrch]

Thread moved to the appropriate forum.

[Alloyz1]

Do you have a lot of other debts?

 

The Courts will identify the council as a priority debtor as opposed to a credit card company or other un-secured personal loan. They also won't take personal loans and credit cards into consideration in assessing your AoE because they only take into account relevant priority and essential outgoings such as mortgage, electric, gas, etc.

 

A

[f1man2004]

Do you have a lot of other debts?

 

The Courts will identify the council as a priority debtor as opposed to a credit card company or other un-secured personal loan. They also won't take personal loans and credit cards into consideration in assessing your AoE because they only take into account relevant priority and essential outgoings such as mortgage, electric, gas, etc.

 

A

 

Thanks for this, we are in serious hardship and the fact is we cannot afford to pay the council tax AOE, or gas, electricty, water etc.

We have £700 to live on for a month, and from this needs to go rent and utilities even before we try and eat

 

If you have any other ideas they would be welcome!

 

Thanks a lot

David

[AndyOrch]

You dont need any other ideas just get the AoE adjusted by making an application

[f1man2004]

You dont need any other ideas just get the AoE adjusted by making an application

 

thank you very much, can you tell me the procedure for going about this?

[AndyOrch]

You can apply to the court on an N244 to ‘vary’ or change the order if you find that you cannot afford he deduction rate on the attachment of earnings order because your circumstances have changed.

 

You will have to give full details of your budget and why you cannot afford the deductions set by the court.

 

You can also use this form if your circumstances at work change and you want the court to look at suspending the attachment of earnings order.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

The fee is £55

 

Regards

 

Andy

[AndyOrch]

If you could hold with that application f1

 

We (Site Team)seem to be having varied views on the AoE and council tax in the CAG office.

[Ell-enn]

Hi - unfortunately, you can't apply on an N244 to the county court to appeal the council tax AOE as it's a magistrates liability order which gives the council the right to deduct from your salary. It's only by contacting the council that anything can be done, but you say you have already contacted them - did you submit a budget sheet which shows the deduction is placing you in a vulnerable position, i.e. you cannot pay your mortgage/rent or heating. Do you own your own property?

 

I have helped people get the council to remove the AOE when it is proved by way of a budget sheet that they cannot survive on the remainder of their salary after the deduction is made. Perhaps you should get your local councillor involved.

[sequenci]

Do consider reminding the council that they can cancel the attachment of earnings under Reg 41(2) Council Tax (Administration & Enforcement) Regulations 1992; which states:

 

41. (1) Where the whole amount to which an attachment of earnings order relates has been paid (whether by attachment of earnings or otherwise), the authority by which it was made shall give notice of the fact to any person who appears to it to have the debtor in his employment and who has been served with a copy of the order.

 

(2) The authority by which an attachment of earnings order was made may, on its own account or on the application of the debtor or an employer of the debtor, make an order discharging the attachment of earnings order; and if it does so it shall give notice of that fact to any person who appears to it to have the debtor in his employment and who has been served with a copy of the order.

 

(3) If an authority serves a copy of an attachment of earnings order in accordance with regulation 37(3), it shall (unless it has previously done so) also serve a copy of the order on the debtor

[f1man2004]

Hi - unfortunately, you can't apply on an N244 to the county court to appeal the council tax AOE as it's a magistrates liability order which gives the council the right to deduct from your salary. It's only by contacting the council that anything can be done, but you say you have already contacted them - did you submit a budget sheet which shows the deduction is placing you in a vulnerable position, i.e. you cannot pay your mortgage/rent or heating. Do you own your own property?

 

I have helped people get the council to remove the AOE when it is proved by way of a budget sheet that they cannot survive on the remainder of their salary after the deduction is made. Perhaps you should get your local councillor involved.

 

If this is the case, would you be able to advice me in some detail about trying to get the AOE removed?

[Ell-enn]

Affixed is a budget sheet which we normally use to establish income and expenditure. It calculates as you fill it in and shows you instantly how much you have left over (or not) each month.

 

Let us know when you have completed it and we will see where we go from there. Please be truthful with the budget sheet - you may have to prove your income and provide details of outgoings to the council if you are to get them to take your case seriously. In other words, whatever you put in the budget sheet you should be able to provide paper proof of.

[ploddertom]

Do you know how many Liability Orders the Council have against you - there may be more than one?

 

Have you also tried to contact your local Councillor(s) to see if they will intervene & help with the Council?

[f1man2004]

Thanks for this, I think there are three orders against us, I have tried out local councillor, but as the chief exec has already said there is nothing to be done from them, he does not think he can do anything.

We are desperate now, I have completed the budget sheet, what would be the next step to try and get this suspended?

 

Many thanks

David

[f1man2004]

Hi - unfortunately, you can't apply on an N244 to the county court to appeal the council tax AOE as it's a magistrates liability order which gives the council the right to deduct from your salary. It's only by contacting the council that anything can be done, but you say you have already contacted them - did you submit a budget sheet which shows the deduction is placing you in a vulnerable position, i.e. you cannot pay your mortgage/rent or heating. Do you own your own property?

 

I have helped people get the council to remove the AOE when it is proved by way of a budget sheet that they cannot survive on the remainder of their salary after the deduction is made. Perhaps you should get your local councillor involved.

 

Thanks for this, I think there are three orders against us, I have tried out local councillor, but as the chief exec has already said there is nothing to be done from them, he does not think he can do anything.

We are desperate now, I have completed the budget sheet, what would be the next step to try and get this suspended?

 

Many thanks

David

[ploddertom]

I would still notify your local Councillor(s) and plead hardship. The only other alternative would be to go back to the Magistrates Court on hardship grounds - unsure of the cost but would imagine you can claim fee remission.

[ploddertom]

I think you should also contact National Debtline as they are fairly well versed in these types of matters.

[f1man2004]

Thank ploddertom,

 

I am doing all of this, but your colleague ell-enn mentioned that you had go AoE's for council tax suspended before due to extreme hardship....any ideas how I go about this, I understand that I can't go back to court as this is a liability order and not a CCJ

 

Many thanks

David

[ploddertom]

Thank ploddertom,

 

I am doing all of this, but your colleague ell-enn mentioned that you had go AoE's for council tax suspended before due to extreme hardship....any ideas how I go about this, I understand that I can't go back to court as this is a liability order and not a CCJ

 

Many thanks

David

 

You apply to the Magistrates Court in this case. CCJ's are from the County Court.

[f1man2004]

Hi All

 

Just to let you know I have a hearing date for Friday regarding 'Quashing AOE's for Council Tax'

 

Have been told how to prepare by the court and will see what the District Judge has to say regarding my pleas of hardship.

 

Will let you all know after the hearing

 

David

[ploddertom]

As long as all your sums add up correctly you should be OK. Just make sure you have nothing that could be construed as extravagant or frivolous in your expenditure - a usual one may be a Sky Sports & Films package. Fingers crossed for you.