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shazajo

Council tax summons and attachment of earnings

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Firstly apologies if thus is in the wrong section.

 

About a week ago I received a letter from the council stating they had a liability order and were going to take my council tax debt from my earnings ,

 

it stated as from 08/09/16 I owed £482 and this was to be collected from each pay day at a % of my net pay

 

today I've received a court summons for the amount of £875 plus £60 court costs and there's an expenditure form to fill in if I want to ask to spread the payments out

 

This is where I'm confused because the attachment of earnings letter states they are going to start to take the payments as soon as its my next payday

 

then the letter about the court summons arrived today its the same reference number on the letter so what do I do?

 

I don't want to offer a payment then they are going to take it out my wages aswell or is this another council tax debt

 

I'm just confused and cant settle until I know

but they don't open until Monday and this is the first I knew about how much I owed

 

until now yes its my own fault but due to my fluctuating wage sometimes don't have enough to pay the full monthly amount

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you'll have to wait till Monday.

and ask

nothing we can do

we've no crystal ball


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it might be better to look at why you're not paying them

things like mobile phones sat tv credit cards etc

all need to be dropped or stopped

ctax as well as your mortgage/rent and gas/electric are priority bills and should come first.

 

 

dx


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Perhaps scan in and post up exactly what you have received (redacted) shazajo

 

For reference Notice of Attachment of Earnings is N55/N56

 

Application to vary a judgment is a N245.

 

Courts Summons is a N1 (blue form usually served from Northampton CCBC)

 

Andy


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Those forms are County Court forms, the council tax forms are different.

 

Most council tax forms don't have a specified format, just the information they need to contain.

 

The form will likely be a regulation 36 notice ( a request for information form) - failure to provide the required information can result in an application to the magistrates court by the council for a hearing in to issuing a fine.

 

If a summons has been issued for a debt then it cannot be the same one that an existing liability order is in place for, it has to be a different debt.

 

 

I suspect that the new summons has just crossed with the issuing of the attachment of earnings for an existing liability order. The amount on the summons would be what I would expect for this years council tax.

 

The council can issue up to 2 attachment of earnings orders at any one time (one attachment per liability order) so they can issue a second attachment once the liability order is granted for the latest summons. You have no appeal against the attachment order except to ask the council nicely.

 

You need to speak with the local authority though as they are the only ones with the information to confirm what has happened.

 

Craig

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Those forms are County Court forms, the council tax forms are different.

 

Most council tax forms don't have a specified format, just the information they need to contain.

 

Craig

 

Yes I am aware the forms are relating to County Court Craig...just reading between the lines of the OPS post trying to clarify what they have received as they refer to Court Summons...Expenditure Form and Attachment of Earnings.

 

 

Andy


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Sorry I should of made it more clear,all the letters I have received are from the council

there's no blue form from Northampton etc

 

 

there is a form which I received with the letter from the council asking for my income and outgoings so I'm going to full that in

 

 

I was just concerned about making an offer then having an amount coming out my wages then paying this new amount on top and then my current council tax I still need to pay other bills etc so not sure how much to offer a month

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All you need to do is get all of your information together, fill in the council form as best as you can and ASK the council for help. They won't expect you to pay more than you can afford. Ask them whether you can sit down with the council to discuss this and sort it out. Most local councils have offices you can go to meet them and easily resolve. It is not to be frightened of, leading to them deciding everything from afar and telling you.

 

If you engage fully with the council, you will get to a position you can fully manage.


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Thanks for your advice it has helped

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Thread moved to Council Tax Forum.

 

Andy


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