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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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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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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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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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