Council Tax attachment of earnings- Our rights?

[whodareswins]

Hello, does anyone know if there is a way to stop an attachment of earnings for council tax?

Last month they took £300 out of my friends wages and are doing it for the next two months.

They are also expecting another £195 on top of that as they've just recalculated their award (they were getting some CT benefit but that's stopped now as our son has just turned 18). That's £495 a month, and she just can't afford it.

Shes been working at her new job for 11 months, before that she was working in an office dealing with finance.

She was sacked from that previous job because of the order we knew it was coming and told them at council tax and their reply was tough.

What can be done please as I cant find any law or case law and would be very grateful if you could help

Thanks

[ploddertom]

Re: Council Tax attachment of earnings- Our rights?

Have a look at this, there is even a calculator http://www.northampton.gov.uk/info/2...nt-of-earnings , doesn't matter which Council the rules are all the same & they can run 2 Orders together.

[Snoopy1948]

Re: Council Tax attachment of earnings- Our rights?

Hi there ...

Attachment of earnings orders, when originally devised to repay council tax under liability order, were a lot fiercer than they are today and have been reduced in percentage substantially over the years. I would imagine that a £300 single deduction must either mean that your friend is on a substantial wage or that £300 represents more than one month. I agree that is a lot of money.

I am assuming that the £195 is for the current tax year and is an entirely separate issue to previous years arrears. But again, it is even tougher when you have an AOE for previous years.

The issue of getting sacked for having an AOE for council tax arrears is a debatable one and during my 23 years spent in local authority finance, I have never heard of someone losing their job although many will say that was the case. Indeed, over my time, I have dealt with hundreds of people in responsible jobs with council tax arrears and that ranged from barristers, police officers, fire fighters, and many people with local authority jobs. Never heard any negative feedback that their job was in jeopardy. Having said that, I seldom came across people in the banking industry with council tax debts and I am guessing they had to be whiter than white. But to be sacked for having a council tax liability order is something that I suggest reaches into unfair dismissal.

What you friend needs to do is to prepare an accurate and all encompassing income and expenditure statement that realistically shows that the current AOE is causing hardship and councils have a responsibility to have due regard for that.

Sensibly, and after presenting that, she needs to request that the current AOE is withdrawn and replaced with say, a direct debit/standing order instruction for £195 a month plus £50 off the arrears i.e. £245 in total. She must offer an acceptable alternative otherwise the council will persist, after all, it is recovery of public money and has to be fair to all.

I have even, with smaller employers who will assist, exchanged a formal AOE ( through liability order ) for a 'voluntary' AOE for ( in this case ) say £245 a month that satisfies everybody. But that needs the agreement of all parties and will only work with small employers who are happy to help all concerned.

Oh and on the subject of their bill going up due to the 18 year old son, it is not unreasonable ( assuming he has an income ) for the parents to ask the son for a contribution, possibly equal to the non dependent deduction that would have been factored into their previous council tax support ( benefit ) claim. Normally, that used to be about £15 a week.

These are only suggestions based on many years experience ... obviously we don't know your friends exact situation but something positive needs to be done. Councils need to be more 'customer care based' when it comes to council tax as a friendly, considerate and agreeable approach will go a long way. Alas we rarely see it. ( and yes, I was the exception! ).