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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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slgsue

Council tax attachment of earnings have they taken too much?

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I have just received 2 attachments of earnings for old council tax debt. One is for £1070 the other £72.50.

My monthly take home pay is usually around £1800 and this month I have been paid £1300. I have been on an online calculator and found out that they should have had £317 for the first order so with this takeb off I would have been paid £1483, even if the entire amount of the second order was deducted I would have been paid £1411.50.

I called them and they even said that I shouldn't have paid this much but in a word tough! Is there anything I can do.

I was expecting maybe £300 and budgeted accordingly but this has left me very short and if they do the same again next month I don't know how we are going to manage. Surely if the law says 17% for each order thereference must be something I can do? Please help back to work tomorrow and am very worried

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Also is the net amount they base payments on before or after pension deduction?

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Take a read of the following thread slgsue

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459754-Council-tax-attachment-of-earnings(1-Viewing)-nbsp

 

May assist you until further advice comes along.

 

Regards

 

Andy


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Take a read of the following thread slgsue

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459754-Council-tax-attachment-of-earnings(1-Viewing)-nbsp

 

May assist you until further advice comes along.

 

Regards

 

Andy

 

Thanks Andy I read the thread first but couldn't see the answer to my question. Fortunately or unfortunately depending on how you see it I know how much they are going to take as they have done so. I had based my budget on all the info I could gather and just about found a way to get by but with the extra they seem to have taken I literally feel sick which is why I want to know if I can appeal or do anything about the amount as it is far greater than 17% :-(

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Looking at the website for DEA its states its your employers responsibility to apply the correct amount of deduction based on your net earnings.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/453704/dea-guide-for-employers.pdf

 

This also show the guidelines on protected income.

 

Andy


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Yes you can ask for the overpayment of the deductions. If your employer fails to do his then you can tell the LA to do it....


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I have just received 2 attachments of earnings for old council tax debt. One is for £1070 the other £72.50.

 

My monthly take home pay is usually around £1800 and this month I have been paid £1300. I have been on an online calculator and found out that they should have had £317 for the first order so with this takeb off I would have been paid £1483, even if the entire amount of the second order was deducted I would have been paid £1411.50.

 

I was expecting maybe £300 and budgeted accordingly but this has left me very short and if they do the same again next month I don't know how we are going to manage. Surely if the law says 17% for each order thereference must be something I can do? Please help back to work tomorrow and am very worried

 

Blimey....you do have a problem. This is all down to the 2nd Attachment of Earnings Order for £72.50.

 

A maximum of two AOE's can be set up but the calculations that I have been using shows the following:

 

First Attachment: £306.00

 

2nd Attachment £253.98

 

Total £559.98.

 

Where your problems seem to have arisen, is because of the 2nd Liability Order of £72.

 

Personally, I would suggest that you PAY the debt of £72 to clear that Liability Order and speak to the council to get them to look at adjusting the AOE so that you only have ONE attachment for £1070.

 

I have then calculated that your deduction for the one remaining Liability Order should be £306 per month.

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Looking at the website for DEA its states its your employers responsibility to apply the correct amount of deduction based on your net earnings.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/453704/dea-guide-for-employers.pdf

 

This also show the guidelines on protected income.

 

Andy

 

I think that you will find Andy that the above guidance is in relation to Direct Earnings Attachments (DEAs) which are not the same as Attachment of Earning for council tax arrears.

 

DEA's are set up to recover monies due to the Department for Work and Pensions. These could consist of benefit overpayments, overpayments for housing benefit etc.

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Blimey....you do have a problem. This is all down to the 2nd Attachment of Earnings Order for £72.50.

 

A maximum of two AOE's can be set up but the calculations that I have been using shows the following:

 

First Attachment: £306.00

 

2nd Attachment £253.98

 

Total £559.98.

 

Where your problems seem to have arisen, is because of the 2nd Liability Order of £72.

 

Personally, I would suggest that you PAY the debt of £72 to clear that Liability Order and speak to the council to get them to look at adjusting the AOE so that you only have ONE attachment for £1070.

 

I have then calculated that your deduction for the one remaining Liability Order should be £306 per month.

 

Thank you I had a feeling that it was the 2nd one causing the issue. I should have my wage slip tomorrow and am guessing that the 2nd aoe has been paid in full now plus some!

If this is the case can I apply to get this overpayment back and the 2nd aoe stopped as it is now clear? Would I contact the LA for this?

Thanks again your replies have given me some hope!

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I am not altogether certain that the deduction is apportioned against each Liability Order. You really do need to check this (and quite soon as well as the end of the month is only two weeks away).

 

Like you, I would be interested to know how the payments have been allocated on your wage slip. Please do post back as this is a subject that I have a lot of interest in.

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I think that you will find Andy that the above guidance is in relation to Direct Earnings Attachments (DEAs) which are not the same as Attachment of Earning for council tax arrears.

 

DEA's are set up to recover monies due to the Department for Work and Pensions. These could consist of benefit overpayments, overpayments for housing benefit etc.

 

Many thanks for dropping in BA and thanks for clarifying that point ...DEA,s are only used for deductions from JSA, ESA and IS, but not from DLA, PIP or AA. or Housing Benefit.

 

AoE only used by the council to reclaim CT.

 

Regards

 

Andy


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Your employer has definitely made a mistake. They should have deducted as required for the first order but only deduct £72.50 for the second order, you cannot deduct more than the value of the order.

 

Check if your employer has actually sent the money to the council (we do it a couple of weeks after payroll) - they have 18 days to send the payment after deduction - they may still be able to credit back the overpayment to you. If it gets to the council they will allocate the overpayment on the £72.50 order to the first order :( and you won't get it back.....

 

Check with your payroll department - now! get them to read the rules for deducting orders too.........


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Thank you all. I will certainly be checking when I receive my wage slip.

If I am right and they have paid over the odds from the 2nd order which knowing my luck I will not see again, how does this order get stopped? Do the council notify my employer that only 1 order now needs paying or do I have to do anything? I suppose looking at it in a positive way at least by April the whole thing will be done 😕

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If your employer hasn't sent the money to the council yet then ask them to pay you the overpayment - this means one order will be finished and they should only deduct for the larger order going forward.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Your employer has definitely made a mistake. They should have deducted as required for the first order but only deduct £72.50 for the second order, you cannot deduct more than the value of the order.

 

Check if your employer has actually sent the money to the council (we do it a couple of weeks after payroll) - they have 18 days to send the payment after deduction - they may still be able to credit back the overpayment to you. If it gets to the council they will allocate the overpayment on the £72.50 order to the first order :( and you won't get it back.....

 

Check with your payroll department - now! get them to read the rules for deducting orders too.........

 

WOW !!!

 

Excellent reply Ell-enn.

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