Attachment of Earnings Order

[titch2k6]

Hi all.

Got to work this afternoon to find that an AEO had been sent to my employer from my Council for the outstanding sum of £772.50 for the financial year 2011. I have received no prior notification that this action was being taken, but have received a letter at my home address today as well dated the 15th September.

We currently have an agreement in place with the council to pay £200.00 a month on this account. Although if the attachment came into effect, we would be paying less than we do now, I am so %&^%&^% annoyed about the way they have handled this.

My partner tried phoning and sorting it out, but all she got was a snotty cow with a "well, it isn't my problem" attitude that refused to listen to her.

Surely I should have the right to have received some kind of prior notification on this action to allow me time to rectify the issue? Why is it Council's seem to have their own rule book about how they treat people as debtors?

Any way, I am looking for any advice on this because I am sure somewhere along the line even local government have to follow some rules.........

[titch2k6]

Re: Attachment of Earnings Order

PS: Also, last time I checked, we were still in 2011 financial year, so how can they be taking this action now? If I was £772.50 in arrears on 2011 year in 2012, I could understand their issue......

[EXC]

Re: Attachment of Earnings Order

Is the AEO connected to a county court judgment on the debt?

If so you should have the right to contest the AEO application made by the council before the court makes the order.

[Amy]

Re: Attachment of Earnings Order

I presume this is a council tax issue then. You need to complain to the CEO at your local council, in writing. It is no good telephoning them, as you have discovered.

Do you actually owe the amount they say you do?

[titch2k6]

Re: Attachment of Earnings Order

Is the AEO connected to a county court judgment on the debt?

We are not aware of any CCJ in relation to this debt.

Do you actually owe the amount they say you do?

Unfortunately, yes we do - because it is not the end of the financial year!!! This is not how much we have fallen behind by, this is how much we still owe on the tax for the year. It is also why we made an arrangement with the council to up our payments to £200 a month which would have actually cleared the tax BEFORE the end of the tax year. If anything, we are probably £204 in arrears over the whole year due to redundancy and other issues.

[WendyB]

Re: Attachment of Earnings Order

You don't get CCJs on Council tax, you get Liability Orders. Not the same thing. The reason they are pursuing for the whole amount is that if you get behind with the instalments, the whole amount for the year becomes due.

[The Debt Star]

Re: Attachment of Earnings Order

You don't get CCJs on Council tax, you get Liability Orders. .

just out of curiosity, and I'm sure its a dumb question, do liability orders for council tax arrears show on credit reports?

[WendyB]

Re: Attachment of Earnings Order

No, they don't. Which is a good job otherwise I'd be able to wallpaper with my credit report

[The Debt Star]

Re: Attachment of Earnings Order

That's useful info, thanks. Hopefully a relief to the OP too.

[Caspar]

Re: Attachment of Earnings Order

I would reiterate what Amy has said and complain in writing (e-mail is acceptable) to the CEO of your local council. It is somewhat bizarre that you already have a payment plan in existence which would pay it off sooner than an AOE, yet they have taken this action. I would be pointing this out and asking why.

[titch2k6]

Re: Attachment of Earnings Order

I will sit and write a letter this evening and send it off. Still can't get it around my head how they can take this action before the end of the financial year anyway.

I presume, and please correct me if I am wrong, but the council's financial year begins in April. If this is the case, I still have 6 months to clear this bill as it is issued for the financial year of 2011 - not the financial week or month, but the YEAR.

As you have said Caspar, seem strange to take this action when the whole account would have been clear in 3 or 4 months. Although I would now be £90 a month better off, I now have to pay over the full 6 months term. Don't figure..........

[titch2k6]

Re: Attachment of Earnings Order

Hi all.

Have just drafted the following letter to forward to the council's CEO. Any views on any content I should add or omit would be appreciated:

Dear Mr *****,

Council Tax Office Reference: **********

I write to you with regards a couple of issues, that I would like to raise as official complaints, with regards the way my family and I have been treated by members of staff within the Council Tax office.

Firstly, I arrived to work on the 19th September to find that an Attachment of Earnings Order had been placed with my employer regarding the bill for the current financial year of 2011. On contacting home, I found out that a notice had been issued on the same day, which was also received on the 19th.

I had received no official prior notification that this action was being taken against me, and I am unaware of any Liability Orders against us on this bill. Therefore, I had no prior opportunity to contact the department to solve the issue or defend myself at the court hearing, as is my right under the Bill Of Rights, 1689 and the Human Rights Act.

I would also like to ask the gentleman to clarify how it is that we can be issued an Attachment of Earnings Order on a bill that is still within the financial year for which it was issued, that being the financial year of 2011. Do we not still have 6 months left in this financial year in which to clear this bill? Making payments at the level at which we have, the bill would have been cleared in three months, four at the most, yet the Council have taken this action.

I feel that this is unfair and unjust action by the Council Tax office and will be seeking further legal advice on this issue.

Secondly, once the order had been brought to our attention, my partner contacted the Council Tax office late afternoon on the 19th September, the same day we received the notice, to resolve the issue. The female staff member on the receiving end of the phone was, what I will politely describe as, very rude and uncaring. She would not give the time to listen to our case, look at payment history and even clearly stated to us that, "It's not my problem."

All we wanted to do was try to resolve the issue, explain the current situation, and explain that the account would be clear in no later than four months. Instead, we had to sit through, what I consider to be, verbal abuse on the phone which left my partner physically upset.

This is not acceptable behavior from any Council employee and I respectfully request the gentleman investigates this incident and instigates disciplinary action against the staff member.

Sir, I respectfully request that you personally view our case and if you feel that the actions taken were unjust, and as a form of compensation to ourselves, the Attachment Of Earnings Order is revoked and we are allowed the dignity to pay off this bill under our own means, at the current level we are paying, and within the time period remaining in this financial year.

I thank you in advance for your assistance in this matter and for taking the time to read our concerns.

Yours Faithfully

********* *******

[WendyB]

Re: Attachment of Earnings Order

The letter looks fine to me. With regards to why they are demanding payment whilst still in the current financial year, as I said in post #6, all councils do this. The bill is actually due on 1st April, but they allow payment by instalments. If an instalment is missed the concession to pay by instalments is revoked and the whole amount becomes due, unless the instalments are caught up with straight away. It's probably detailed on the back of your council tax bill, and will certainly be on the counil's website somewhere.They usually issue a Liability Order first though, before an AoE. I suppose, looking on the bright side, an AoE is better than the bailiffs.

[titch2k6]

Re: Attachment of Earnings Order

The letter looks fine to me. With regards to why they are demanding payment whilst still in the current financial year, as I said in post #6, all councils do this.

Thanks for taking the time to read and sorry......missed what you said in post 6

[WendyB]

Re: Attachment of Earnings Order

You're welcome.