Rossendales enforcing attachment of earnings

[rockyrover]

Hi all

 

I posted a thread recently regarding a bailiffs visit for three council tax liability orders (original thread

 

Since then I have made a payment to the council as agreed and have ignored the bailiffs letters etc. The council have agreed to take the payment on the accounts they currently hold but are still insisting that I negotiate with Rossendales for the 3 liability orders that they hold. My plan was simply to ignore Rossendales and just continue to make my payments to the council and just wait for the accounts to be returned.

 

All going great until on Saturday I received a letter on Rossendale headed paper.

 

The letter is as follows:-

 

PLEASE DO NOT IGNORE

 

RE: attachment of earnings order

 

Please find enclosed a copy of the Attachment of Earnings Order that we have served on your employer in order to recover an outstanding debt on behalf of Wakefield District council. Please read the enclosed regulations so that you fully understand your role as failure to comply with the requirements may render you liable for a fine.

 

Yours Sincerely,

 

Wakefield District Council

 

I am confused. The letter is from Rossendales yet signed by the council????? It also says on the reverse on the "to your employer" part that payment is to be made to Rossendales.

 

What should I do?

[dx100uk]

on behalf of...is the clue..

 

tell them you are already paying the council directly

nothing to do with them.

 

have you...

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc 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

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

.

......................

 

 

dx

[rockyrover]

Hi DX100uk thanks for your reply. The bailiffs hold 3 liability orders:-

 

£627.35 (plus costs) magistrates liability order dated 07/2010

£926.17 (plus costs) magistrates liability order dated 07/2009

£896.52 (plus costs) magistrates liability order dated 11/2008

 

The actual amount I owe in previous years council taxes is £4118.41 (this includes the above) and this is split over 2 references.

One reference being £183.99 (this is the one I am currently paying my £50pm to) and then the other one £3934.42.

 

the council are saying that they are accepting my payments of £50 per month for the debts they hold with them still (£1668.37)

but that i need to negotiate with Rossendales for the remainder

(I have stressed to them that my offer of payment for all of my council tax arrears but that has fallen on deaf ears).

 

I wrote to the bailiffs advising them that i was paying the council direct and would not be dealing with them.

 

My concern is this new letter that has come through.

 

It is apparently a copy of a letter sent to my employer?

 

Are they allowed to contact my employer and enforce a AOE?

How come the letter is signed by the council yet on Rossendales headed paper?

 

Shall I just ignore it and carry on paying my £50 per month to the council?

[tomtubby]

I am assuming that you had provided an Income & Expenditure to Rossendales and in that revealed details of your employer. Is this correct?

 

Many local authorities are pursuing Attachment of Earnings orders and in fact, in 2010 councils in England & Wales issued 2.1 Liability Orders and of these, 1.2 million cases went to bailiffs and 254,000 Attachments of Earnings Orders were set up. Councils much prefer AoE as the debt is repaid much quicker.

 

Does the letter state how much will be deducted from your wages each week?

[rockyrover]

I am assuming that you had provided an Income & Expenditure to Rossendales and in that revealed details of your employer. Is this correct?

 

Many local authorities are pursuing Attachment of Earnings orders and in fact, in 2010 councils in England & Wales issued 2.1 Liability Orders and of these, 1.2 million cases went to bailiffs and 254,000 Attachments of Earnings Orders were set up. Councils much prefer AoE as the debt is repaid much quicker.

 

Does the letter state how much will be deducted from your wages each week?

 

Nope wrote to Rossendales saying I am dealing with council direct. Sent I&E to council. The letter from Rossendales is just as typed above with some "notes" giving the levels of deductions.

[tomtubby]

The I & E was sent to the council and a lot of people are unaware that bailiff companies may then adminster Attachment of Earnings orders etc on behalf of the local authority.

 

The full range of services that a bailiff company may perform are outlined in the Local Authorities (Contracting out of Tax Billing, Collection & Enforcement Functions) Order 1996.

 

You will need to read section 23 of the Order. The link is here:

 

 

http://www.legislation.gov.uk/uksi/1996/1880/contents/made

[tomtubby]

As you can see from reading section 23, a bailiff company can play a large part is obtaining and setting up of Attachment of Earnings Orders. This is always a problem once a local authority are aware of a debtors employment status. If a debtor is self employed, an AoE cannot be set up.

[rockyrover]

So basically I have been bluffed by the council then? The council agreed to set up a payment plan with me on the proviso that they held employment details in case I broke the payment promise (as I have before) when really they just wanted them to send to the bailiffs?????? So they accepted my payment for the debts they hold but then authorised the bailiffs to collect under an AOE???

[tomtubby]

How much is now going to be deducted from your salary?