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Attachment of Earnings - can a Bailiff do this & if so what about his fees?


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I should add that there are more than one type of 'attachment of earnings' .

 

There is one type for unpaid court fines and a completely different 'attachment of earnings' in relation to an unpaid county court judgments (in the civil court).

 

In relation to council tax government documents tend to refer to these type of 'attachments of earning' as Council Tax Attachment of Earnings Orderc (CTAOEs)

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Must admit I was un aware of this. The AOE orders i have been involved in in the past have always been set up directly by the authority.(I of course accept that this is the case)

 

I notice the section quoted states the amount due under the order, so how does the bailiff obtain his fees in this case if he sets up the order, i presume the order would be set op post compliance stage ?

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Must admit I was un aware of this. The AOE orders i have been involved in in the past have always been set up directly by the authority.(I of course accept that this is the case)

 

I notice the section quoted states the amount due under the order, so how does the bailiff obtain his fees in this case if he sets up the order, i presume the order would be set op post compliance stage ?

 

I will come back to your later on this point but you will note that I have not mentioned anywhere here that bailiff fees are added to a CTAOEs order.

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Must admit I was un aware of this. The AOE orders i have been involved in in the past have always been set up directly by the authority.(I of course accept that this is the case)

I notice the section quoted states the amount due under the order, so how does the bailiff obtain his fees in this case if he sets up the order, i presume the order would be set op post compliance stage ?

.

That is a good question dodgeball and definately a grey area. I suppose if the AOE is made as a result to all other enforcement options having failed, the bailiff having done the 'ground work' would be looking to have the compliance fee incorporated into the order but until there is clarity to that it will have to remain a supposition.

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I will come back to your later on this point but you will note that I have not mentioned anywhere here that bailiff fees are added to a CTAOEs order.

 

No of course, it just occurred to me that if the bailiffs where setting up these orders then they would require payment for doing so

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I would also expect that if the fees could not be included there would be some conflict of interest, as the bailif would naturally be more inclined to pursue the conventional enforcement as this would ensure payment of his fees.

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No of course, it just occurred to me that if the bailiffs where setting up these orders then they would require payment for doing so

 

I am sure that they would like payment but that is as far at it goes.

 

For clarity, if a Council Tax Attachment of Earnings Order is obtained the amount of the order consists of the amount due under the Liability Order and bailiff fees incurred.

 

 

At this present time, I cannot comment on whether the amount of fees is just £75 or £310. I will know further next week.

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Hmm yes that is what I thought.

Sometimes the debtor would prefer to have an attachment of earnings order and may decide this within the initial compliance stage, the problem, as I see it, is that it is not within the bailiffs interests to encourage or indeed enable this arrangement.

As far as they are concerned it would be much more profitable to continue to enforcement stage, otherwise they stand to loose the fee.

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DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hmm yes that is what I thought.

 

Sometimes the debtor would prefer to have an attachment of earnings order and may decide this within the initial compliance stage, the problem, as I see it, is that it is not within the bailiffs interests to encourage or indeed enable this arrangement.

 

As far as they are concerned it would be much more profitable to continue to enforcement stage, otherwise they stand to loose the fee.

 

 

As I have stated above , an Attachment of Earnings for council tax consists of the amount outstanding under the Liability Order and bailiff fees.

 

There are good and bad points with Council Tax Attachment of Earnings and each case needs to be decided on it's merits. There is a lot to take into consideration (including whether it can affect your employment...which sadly it can).

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As I have stated earlier, the reason why bailiff fees cannot be added to an Attachment of Earnings Order is simply because fees and disbursements may only be recovered if either goods have been sold or the debtor has made payment (irrespective of whether the payment is made to the bailiff company or the local authority).

 

There are good and bad points with Council Tax Attachment of Earnings and each case needs to be decided on it's merits. There is a lot to take into consideration (including whether it can affect your employment...which sadly it can).

 

Yes I understand fully, however it would be helpful if things where different, if bailiffs have the facility to enable AOE agreements then they should be encouraged to do so IMO, this means having thier legally approved fees included in the order, better still would be if the authority exhausted the possibility before it was passed for enforcement, then the additional cost to the debtor would not be incurred. As it stands it seems to me that the contracting out provisions are impractical IMO.

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I would like to apologise. I have amended some posts above as it would seem that I am wrong on a significant point.

 

The current Council Tax regulations do indeed provide that if a bailiff is unable to obtain payment of the amount of the Liability Order that an Attachment of Earnings order may be obtained and that the amount of the order includes bailiff fees incurred.

 

Sorry for any confusion.

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Must admit I was un aware of this. The AOE orders i have been involved in in the past have always been set up directly by the authority.(I of course accept that this is the case)

 

I notice the section quoted states the amount due under the order, so how does the bailiff obtain his fees in this case if he sets up the order, i presume the order would be set op post compliance stage ?

 

DB

 

As you will see from my recent posts it would seem that I had made an error and that in fact, an Attachment of Earnings Order also includes bailiff fees. As you have past experience of AOE's I will send you full details and supporting documentation.

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DB

 

As you will see from my recent posts it would seem that I had made an error and that in fact, an Attachment of Earnings Order also includes bailiff fees. As you have past experience of AOE's I will send you full details and supporting documentation.

 

I thanks BA, and don't worry about it until recently i did not even know bailiffs could do AOEs at all TBH.

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I would like to apologies. I have amended some posts above as it would seem that I am wrong on a significant point.

 

The current Council Tax regulations do indeed provide that if a bailiff is unable to obtain payment of the amount of the Liability Order that an Attachment of Earnings order may be obtained and that the amount of the order includes bailiff fees incurred.

 

Sorry for any confusion.

 

I doubt any of us knew bailiffs could indeed do AoE's, anyone can make a mistake but it needs someone special to admit to it:hug:

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I doubt any of us knew bailiffs could indeed do AoE's, anyone can make a mistake but it needs someone special to admit to it:hug:

 

Absolutely, and not really a mistake, it is after all what the regulation says, it is just our good fortune to have someone with their finger on the pulse so to speak, so that we can keep up with any new developments/amendments.

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Absolutely, and not really a mistake, it is after all what the regulation says, it is just our good fortune to have someone with their finger on the pulse so to speak, so that we can keep up with any new developments/amendments.

 

I cant take the credit for it I'm afraid.

 

If fact, it was my posts on here that led to me being contacted 'off the forum' by a Barrister with an interest in the subject matter. His 'speciality' is in regards to charging orders.

 

During the course of the afternoon he has provided me with lots of background working papers, legal papers and statutory regulations. Lots of weekend reading but it is clear that the Council Tax regs do indeed provide for bailiff fees to be provided. As to the actual 'amount' that can be charged....that will not become clear until next week.

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I cant take the credit for it I'm afraid.

 

If fact, it was my posts on here that led to me being contacted 'off the forum' by a Barrister with an interest in the subject matter. His 'speciality' is in regards to charging orders.

 

During the course of the afternoon he has provided me with lots of background working papers, legal papers and statutory regulations. Lots of weekend reading but it is clear that the Council Tax regs do indeed provide for bailiff fees to be provided. As to the actual 'amount' that can be charged....that will not become clear until next week.

 

Oh good, so it was my questions then, I do not mind taking the credit :)

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Oh good, so it was my questions then, I do not mind taking the credit :)

 

And pleased to give it to you.

 

Such an ordinary thread and yet, within 24 hours almost a 1,000 viewings. Evidence enough to prove why it is so important that the correct information is given to debtors.

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And pleased to give it to you.

 

Such an ordinary thread and yet, within 24 hours almost a 1,000 viewings. Evidence enough to prove why it is so important that the correct information is given to debtors.

 

Since most of it has been copied and commented on, on another forum probably 1000 and 5 :)

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And pleased to give it to you.

 

Such an ordinary thread and yet, within 24 hours almost a 1,000 viewings. Evidence enough to prove why it is so important that the correct information is given to debtors.

 

Wow! There must be a lot of issues being discussed about this somewhere. I guess potentially it affects a lot of people.

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Since most of it has been copied and commented on, on another forum probably 1000 and 5 :)

 

Lets not knock it DB...on the posiive side, people reading the current thread on the other forum will be wondering what the hell all the ramblings are about, fortunately there are enough links on there to direct people over here where they can get a balanced view and accurate information to the op's original question....

Can a bailiff apply for an attachment of earnings order?

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Lets not knock it DB...on the posiive side, people reading the current thread on the other forum will be wondering what the hell all the ramblings are about, fortunately there are enough links on there to direct people over here where they can get a balanced view and accurate information to the op's original question....

Can a bailiff apply for an attachment of earnings order?

 

Yes bit of a risk putting links on to here really, once they get here they wont want to go back

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Lets not knock it DB...on the posiive side, people reading the current thread on the other forum will be wondering what the hell all the ramblings are about,

 

Following the evidence from Companies House earlier this week I would be very surprised indeed if anyone read any posts on there any longer.

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This initial question raised by the OP was a simple enough one which could have been addressed very quickly.

 

Unfortunately, for reasons that are well known on here, the entire thread and every reply (mainly of mine) came under the most intense and particularly hostile criticism from cyberstalkers yesterday. For that reason alone this thread seems to have gained a lot of attention and sadly, the conclusion late yesterday of the discovery that the council tax regulations (which have not been amended) do indeed provide that bailiff fees incurred before the Attachment of Earnings order may indeed be added to the CTAOE.

 

For the avoidance of doubt, the Barrister who contact me yesterday is not the person mentioned on another site.

 

From further conversations and reading of the documentation it is unclear whether the fees that can be applied post 6th April will consist of just the Compliance fee of £75 or will include the £235 Enforcement Fee as well. It would seem at present that if the enforcement visit is actually made the £235 could indeed be added. If so, this is further evidence of the importance of advising debtors to make sure that they address the matter at the Compliance Stage or even better still....with the local authority either before or after the Liability Order has been obtained.

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