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CTAX Debt - Council got LO and sent AOE to old employer - Data protection breach?


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Had a liability order today from June which we knew nothing about ,

 

the issue is the council sent the attachment of earnings to an ex employer ,

surely they should have checked what current employment is?

 

It’s a local small company and everyone knows everyone etc

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  • dx100uk changed the title to CTAX Debt - Council got LO and sent AOE to old employer - Data protection breach?

is this your current CTAX council or an old one at an old address and you've moved since then?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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and you didn't get any letters about it before it happened?

as for the employment, so you've not worked since leaving that employer?

seems strange i must admit but they do check with HMRC ofcourse first.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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It’s my husband , I don’t recall any letters in June but post was all over the place due to COVID , he was working for Iceland in June and getting top up universal credit ... it’s been a difficult time as I know it has for lots of people .. so they clearly can’t have checked, plus we were having some ct benefit for this year so they must have known

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If the ex-employer tells irrelevant people about the attachment of earnings order, that is a data protection breach. The council can argue that your husband appeared to be employed by his ex-employer;

 

The Council Tax (Administration and Enforcement) Regulations 37(3):

 

(3) The authority may serve a copy of the order on a person who appears to the authority to have the debtor in his employment; and a person on whom it is so served who has the debtor in his employment shall comply with it.

 

https://www.legislation.gov.uk/uksi/1992/613/regulation/37/made

 

 

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you say the debt is from last years CTAX period?

have you not been paying this off as well as this years ctax bills?

are you/were you getting all the benefits you are entitled too as well as CTAX benefit?

 

im not concerned with the data issue

more that you are/were getting all the benefits you should be

 

 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Hi

 

I would also recommend that he needs to send a Subject Access Request (SAR) to the Council asking for "ALL DATA from XX/XX/20XX to date". (that simple phrase 'ALL DATA' means exactly what it say whether it be letters, emails, recorded calls etc)

 

They then have 30 Calendar Days only once they have acknowledged reciept of your SAR Request (normally a letter from council confirming receipt of request). (note it may be extended at this time due to COVID-19)

 

At the same time you write to them also request a copy of their policy on Council Tax Arrears (look at their website it may be available to download).

 

You need the above information to be able to assist you in challenging the Council and when you get the information read it very carefully especially their Poilcy on Arrears and just think to yourself as you are reading it 'DID THEY DO THAT' if not mark it as you are building evidence to challenge them.

 

Questions:

 

Have they received any letters at all from the Council initially saying that they were in Council Tax Arrears?

 

If YES to above was a payment plan in place with the Council for the Arrears? (were any payments missed?)


 

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38 minutes ago, Smileylou said:

How can he appear to be employed when he hadn’t been for 3 months? And it’s documented with HMRC ? 

 

You're putting a lot of faith in the council having up to date infomation. Three months or more is fairly normal for any council to process information. If there was information available to the council showing he was employed by his ex-employer, that can be used. The main issue you should be focusing on is the fact that there is a liability order for council tax which you are likely to have joint and several liability for.

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I think we were getting all the benefits ,

you have to understand that he was working on a 0 hour basis , so benefits and ctb would differ month to month, it’s very confusing !  

 

We would get letters sometimes days apart with amount of ctb changing .  

I thought the 210 owing from last year was added to this years , maybe I’m just dumb .

 

I don’t have any faith in the council , far from it and I am concerned about the debt but I’m also concerned about our business being divulged to people we know , considering you practically have to sign the official secrets act just to pick up your partners prescription! 🙄

 

ty for all the help 

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sadly any previous years outstanding balance wont be added to a commencing new year

its a sep debt under a sep a/c number.

 

so you've only been paying this year since april hence the LO i expect.

 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Councils are really bad at keeping up to date. It's happened to me before. Personally i'd take it up with my local councillor, or the head of the council.  They will be able to tell you what is what, and if you are in difficulty , set up an affordable arrangement.

We could do with some help from you.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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For a council tax AOE they just have to send it to whoever appears to be the employer, there's no requirement in council tax legislation for them to take extra steps to confirm that a person is still employed. They do not have the ability to verify employment with HMRC for council tax attachment of earnings.

 

Quote

(3)     The authority may serve a copy of the order on a person who appears to the authority to have the debtor in his employment; and a person on whom it is so served who has the debtor in his employment shall comply with it.

 

The N56 form does not apply for council tax purposes.

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