Attachment of Earnings Bristow & Suter

[BattleOn]

Hi, I have been doing everything advised re bailiffs for an old council tax debt, to try to get the council to take the debt back. Today I was called into finance who had a letter from B&S requesting info on my salary, address etc. Work have checked and have advised that they do need to give the info over. This is with a view to then getting an attachment of earnings. This is a bit of a curve ball. If I knew this could happen I would have just paid them. Apparently they take quite a high present age from your salary too, which is going to be a nightmare. Does anyone have any advice. I feel like I have lost and am completely humiliated at work, who were lovely about it tho. Is that it, is there anything I can do? Thanks in advance.

[ploddertom]

Re: Attachment of Earnings Bristow & Suter

Have a read of http://www.northampton.gov.uk/info/2...nt-of-earnings most Councils do the same.

[BattleOn]

Re: Attachment of Earnings Bristow & Suter

Thank you ploddertom, but this has gone to bailif stage and they are applying for the AOE, surely the council could have done this st the outset and saved me having to pay all the fees ( about £500) which is pretty much what is left to pay. Do you think it is worth going back to the council to ask them to take this back from Bristow and Suter and remove the fees?

[wales01man]

Re: Attachment of Earnings Bristow & Suter

Why wquld council take it back and get fees removed they would likely say you should have paid before Bailiffs were used

[BattleOn]

Re: Attachment of Earnings Bristow & Suter

Because they can use AOE before going to bailiffs, they just choose not to because it is easier for them to pass it to bailiffs. I HAVE paid all of the council tax amount off, but all that remains is the extortionate fees.

[wales01man]

Re: Attachment of Earnings Bristow & Suter

others will advise but most times the council will go to bailiffs before AOE to get an AOE costs Councils money bailiffs get there fees from the debtor by all means contact Councilto try for refund of fees
Did you pay the Tax after the Balliff fees were added?

[BattleOn]

Re: Attachment of Earnings Bristow & Suter

Yes, I have made monthly repayments of £150, but missed one. They added more fees, so the outstanding amount is all of the fees that they have charged through this process. TBH I have been reading forums saying just ignore them, don't speak with them and eventually the council will take it back, as long as you don't let them into the house or have a car where they can seize it they can't do anything. If I'd known the could do this I would have arranged to its them, but nothing has been said re aoe by bailiffs on the forums. Of course I didn't search for it as I didn't know about it.

[ploddertom]

Re: Attachment of Earnings Bristow & Suter

There appears to be part of the story missing here. Before getting to Bailiff stage there are several other things that should have happened.

Having missed paying your Council Tax should have resulted in the Council writing to you asking you to bring your account up to date. If you don't or miss another payment the Council will write again asking you to bring your account up to date and also advising you have lost the right to pay in instalments and the rest of any CT due now becomes payable immediately. If none of this happens the Council will write again but this time advising they will seek a Liability Order against you.

Having obtained the Liability Order allows the Council to seek enforcement action against you if it is still not paid. At this time you are some 3-4 months down the line since the Council initially wrote to you. For enforcement the preferred route for most Councils is to employ Bailiffs. Even then they have to write to you allowing 7 clear days for you to get in touch - the fees are capped at £75 at this point. Failure to contact results in a visit and a further charge of £235.

It appears that all this has been ignored and they are doing the AoE route now, because of the time that has been perceived to have passed and failiure to make contact will be why the Council refuse to have anything to with you.

[Milo]

Re: Attachment of Earnings Bristow & Suter

Yes, I have made monthly repayments of £150, but missed one. They added more fees, so the outstanding amount is all of the fees that they have charged through this process.

TBH I have been reading forums saying just ignore them, don't speak with them and eventually the council will take it back, as long as you don't let them into the house or have a car where they can seize it they can't do anything. If I'd known the could do this I would have arranged to its them, but nothing has been said re aoe by bailiffs on the forums.

Of course I didn't search for it as I didn't know about it.

Unfortunately, trying to avoid bailiff fees once a bailiff has become involved is difficult. The reason for this is due to the 'pro rata' distribution of payments. For example, from any payment made (whether to the local authority or the enforcement company) the regulations specifically provide that the 'compliance fee' of £75 should be deducted first. The balance of payments (after deduction of the £75 fee) should be split on a 'pro rata' basis with approx 60% being allocated towards reducing the local authorities debt and 40% towards the remaining bailiff fees.

When the regulations came into effect in 2014, many local authorities did not have the necessary computerisation to deal with these 'direct' payment and as a consequence, some retained the entire payment (as opposed to deducting the enforcement companies compliance fee). Over time, this problem has very much been resolved and most councils are now far more pro active with these 'direct payments'.

In future, it would be best if you keep to viewing forums that are not into 'debt avoidance' tactics.

[Milo]

Re: Attachment of Earnings Bristow & Suter

Has you employer told you how much the monthly deductions will be?

[BattleOn]

Re: Attachment of Earnings Bristow & Suter

Has you employer told you how much the monthly deductions will be?

No not yet, it looks as though B&S are just gathering information about salary etc at the moment, no doubt the amount will come next, but I understand it can be quite high...17%, regardless of outgoings. If this is the case something else won't be paid as I just don't have the money.obviously concerned.

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I haven't been avoiding the debt, just avoiding dealing with bailiffs and their extortionate fees, often added when they call and don't even knock. But try proving that.

[Milo]

Re: Attachment of Earnings Bristow & Suter

No not yet, it looks as though B&S are just gathering information about salary etc at the moment, no doubt the amount will come next, but I understand it can be quite high...17%, regardless of outgoings. If this is the case something else won't be paid as I just don't have the money.obviously concerned.

- - - Updated - - -

I haven't been avoiding the debt, just avoiding dealing with bailiffs and their extortionate fees, often added when they call and don't even knock. But try proving that.

If you want to post back with a rough figure for your net salary (after tax and NI deducted), I can then tell you how much the deductions should be. If you wish, you can always send a private message to me with the information.

PS: I take on board your comments about 'extortionate' bailiff fees. However, when the bailiff regulations were overhauled in 2014, I do not think that anybody in the local authority or enforcement business expected such a high volume of debtors to enter into payment arrangements on receipt of the Notice of Enforcement. It truly is an major improvement on the regulations pre 2014 (and of course, avoids a bailiff visit...and the £235 enforcement fee)

[BattleOn]

Re: Attachment of Earnings Bristow & Suter

Hi, I think I have got two lots of £235 on my bailiff bill, plus other fees. My take home after deductions is £1680. Before anyone says I should be able to afford council tax, I can now, but this salary is recent. I live alone with a mortgage and other debts that I am paying off too as well a running a car which keeps going wrong so that I can even get to work.thanks for your help milo.

- - - Updated - - -

Hi, I think I have got two lots of £235 on my bailiff bill, plus other fees. My take home after deductions is £1680. Before anyone says I should be able to afford council tax, I can now, but this salary is recent. I live alone with a mortgage and other debts that I am paying off too as well a running a car which keeps going wrong so that I can even get to work.thanks for your help milo.

[Milo]

Re: Attachment of Earnings Bristow & Suter

Hi, I think I have got two lots of £235 on my bailiff bill, plus other fees. My take home after deductions is £1680. Before anyone says I should be able to afford council tax, I can now, but this salary is recent. I live alone with a mortgage and other debts that I am paying off too as well a running a car which keeps going wrong so that I can even get to work.thanks for your help milo.

.

Your are right, the deduction will be very steep (£285.60 per month). I have little doubt that such a high figure may be affordable. It really is worthwhile contacting the council to ask if they can intervene, many times they are able to.

Ordinarily, you should not have two lots of £235. It depends entirely on when the enforcement company received the instructions from the local authority. If you have been charged twice, this would have to be because you have two separate Liability Orders......is this the case?

Can you post back to let us know how much Bristow & Sutor are requesting from you and how much of this relates to their fees.