Attachment of earnings

[messycess]

Hi guys,

I have been paying several council tax bills for quite some time now via attachment of earnings, and on thursday of last week had a visit from bristow and suitor regarding yet another bill.

I remember reading on here somewhere a template letter to send to the council asking for dates, amounts, which enforcement officers were used etc. It was a very well worded letter with all the information I would like to receive from my council.

My A.O.E has been 37 pounds every week for maybe 15 months and im starting to wonder if I have actually overpaid.

I have looked through the usefull letters thread but cannot find the one which I am looking for.

Any help will be greatly appreciated.

Thanks in advance.

[ploddertom]

Re: Attachment of earnings

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

Who are you actually paying via you AoE - Council or Bailiffs?

[messycess]

Re: Attachment of earnings

Hi ploddertom thanks for the reply.

I'm actually paying it via Jacobs bailiffs.

The council actually refused a voluntary AOE with themselves and insisted dealt with Jacobs which seemed odd at the time.

I'll send a letter asking for all 8 points you mention.

Would there be any charges from Jacobs for the AOE?

[ploddertom]

Re: Attachment of earnings

Have you sent off for a breakdown of fees from Jacobs - they can be very imaginative? Use Letter 1 from the Useful letters if you have not already done so. Your employer may charge £1 each time he has to do it.

[ploddertom]

Re: Attachment of earnings

One thing you have to remember is that the Bailiffs are permitted to deduct their fees first and any balance is then given to the Council. Have you at any time allowed them access to your home? If so have you been given a Notice of Seizure for any goods they may have levied on? Have you ever been told it would be a condition of them agreeing to anything by coming to your home or it would attract a fee of £XXX.

Don't forget they may only charge those fees allowed by the relevant Regulations which for Council Tax are Schedule 5 Charges Connected with Distress.

[CleverClogs]

Re: Attachment of earnings

Which council is apparently so determined to enrich Jacobs at the expense of its tax-payers?

[messycess]

Re: Attachment of earnings

No they have never entered my home I was just wondering if I can be charged say an administration fee or what ever they'd like to call it for setting up this AOE.

it is Kettering borough council, should I write to them first and then to Jacobs?

Would e mail be a good way to send the letters?

[ploddertom]

Re: Attachment of earnings

No they have never entered my home I was just wondering if I can be charged say an administration fee or what ever they'd like to call it for setting up this AOE.

it is Kettering borough council, should I write to them first and then to Jacobs?

Would e mail be a good way to send the letters?

Their should be no fee for setting this up but make sure you send off for a breakdown of fees because as said previously the Bailiffs have form for inventive fees that are not allowable. Letters may indeed be sent by email but should always be backed up by a copy in the post.

As for the Council. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

[CleverClogs]

Re: Attachment of earnings

Letters may indeed be sent by email but should always be backed up by a copy in the post.

And sent by Recorded Delivery or Special Delivery, as receipt of such letters is recorded so the recipient cannot convincingly claim they did not get them.

[wales01man]

Re: Attachment of earnings

Can a Bailiff set up a AOE?

[ploddertom]

Re: Attachment of earnings

Can a Bailiff set up a AOE?

Yes, they use the Contracting Out Regulations.

[ploddertom]

Re: Attachment of earnings

And sent by Recorded Delivery or Special Delivery, as receipt of such letters is recorded so the recipient cannot convincingly claim they did not get them.

Please note that some Bailiffs refuse to accept Signed For or Special Delivery, you need to check Royal Mail Track & Trace for further info, can be 5 days for Signed For & following day for SD.

[messycess]

Re: Attachment of earnings

So if bailiffs refuse to accept those which would be the best way to mail them ?

[CleverClogs]

Re: Attachment of earnings

So if bailiffs refuse to accept those which would be the best way to mail them ?

Get a (free) Certificate of Posting and, to get proof of receipt, enclose a crossed cheque for £1.

That's not for any statutory fee, but they'd find it difficult to claim non-receipt when you have proof that the cheque cleared. :grin:

[ploddertom]

Re: Attachment of earnings

In theory if you have proof of postage then if sent 1st Class it would be deemed to have been delivered within 2 working days, 5 for 2nd Class. Use the Interpretation Act for your own purposes.