Rossendales Notice of Required Financial Information

[sillbags]

To cut a long story short, I had 2 council tax liability orders which had been passed onto Rossendales (£449 and £1465). As I did not want to deal with Rossendales and would not let their bailiff into my property to discuss payment options, I was in contact with the council to ask them to take back the debt and I would pay them £100 per month.

 

However, the council refused to take back the debt and I had another visit from the bailiff in charge Mr Jones. I did not let him enter my property, but he had a levy on my car and was threatening to take it unless I paid a substantial amount and set up a payment plan for the remainder.

 

I phoned the council while he was outside with his colleague, to notify them and ask them once more to take back the debt, but had no luck. So after speaking to Mr Jones for a few minutes, he agreed that if I could clear the £449 order, and setup a payment arrangement of £100 per month then he would not take the car.

 

As he put me on the spot, I continued to pay the £449 and he set up the payment arrangement, we agreed on a payment date, etc. Anyway, a few days later I receive a letter from rossendale, a Notice Of Commital Action, stating that I have failed to make payment arrangements I have 7 days to pay the full £1465.

 

I could not get through to Rossendales, and left a voicemail on Mr Jones' mobile, but no reply. So, about a week later I receive another letter, a Notice Of Required Financial Information, with an enclosed means test form. I then called Rossendales to explain the whole situation and they advise me that there was no payment arrangement on this account and that I need to fill out the means test form with a payment offer.

 

The problem I now have, is that I have had an attachment to earnings order before, and even though my outgoings matched my income, they took the full amount possible each month which amounted to £400-£500.

 

If this happened, I would not be able to afford my other monthly bills and would start to get behind with the current years council tax, amongst other things. Do you have any advice for me, or should I just fill the form out and hope that they can agree to my offer of £100 per month?

Edited August 13, 2013 by citizenB
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[citizenB]

Has this form come from Rossendales or the courts ?

 

I will try and find someone to advise.

[citizenB]

I have attached the Citizens Advice Bureau fact sheet on Attachment of Earnings.

 

Do read it all as I think you will find that there are things that can and cant be done. Not least of leaving you without funds to pay priority debts.

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm

[BRIGADIER2JCS]

An attachment order that you cannot afford to pay is useless if they do get one, then you can apply to the court for it to be varied to an amount you can afford to pay.

[sillbags]

Has this form come from Rossendales or the courts ?

 

This has come from Rossendales

[Clunks]

An attachment order that you cannot afford to pay is useless if they do get one, then you can apply to the court for it to be varied to an amount you can afford to pay.

 

 

The Attachment to Earnings order has set percentages based on the net pay of the customer. These percentages are set in the regulations and it is irrelevant if the customer believes they cannot afford the deductions.

Edited August 13, 2013 by ims21

[sillbags]

The Attachment to Earnings order has set percentages based on the net pay of the customer. These percentages are set in the regulations and it is irrelevant if the customer believes they cannot afford the deductions.

 

This is what concerns me. What good is a means test form to prove our budget is stretched to our limit, if I am going to subjected to the full 17% (+50% over £2000) deduction each month?

Edited August 13, 2013 by ims21

[BRIGADIER2JCS]

The Attachment to Earnings order has set percentages based on the net pay of the customer. These percentages are set in the regulations and it is irrelevant if the customer believes they cannot afford the deductions.

a judge can amend an order on application.

 

There is no justifiable to cause hardship and it will not happen!!!

Edited August 13, 2013 by ims21

[Clunks]

a judge can amend an order on application.

 

There is no justifiable to cause hardship and it will not happen!!!

 

An Attachment to Earnings order can be enforced on the Liability Order. There does not need to be any approval from a Judge and indeed it is not up to a Judge to decide how much should be taken via an Attachment to Earnings order, the deductions are set as per the percentages in the regulations.

 

In a Committal Hearing there may be an order of payment instructed from the Magistrates, but that is nothing to do with the current circumstances of the case in question. The debt is still with the Bailiffs and is not subject to Committal action.

[renegadeimp]

It can indeed be forced clunks, but Brig is correct that even so, if it leaves you in hardship, you can appeal to the council or the court who will make an order for a lower repayment, or annul the AoE and go with another method. I've had the same done to me in 2004/2005 when i was in debt, where the deductions of my wages for an unpaid council tax bill were just too much and my priority bills were being borderline neglected.

[ploddertom]

Rossendales can indeed ask for this information and failure to supply could result in a hefty fine.

[tomtubby]

Unfortunately, there are dozens of websites that have associations with Freeman on the Land movements that advise debtors to display notice to remove implied right of access to their premises and this is simply encouraging councils to apply instead for the debt to be repaid under an Attachment of Earnings Order.

 

The amount of deduction that the employer must pay over to the council from the debtors salary is SET BY LAW.

 

People need to be very careful of these orders indeed.

[rockyrover]

I have three liability orders and the council forwarded employment details to the bailiffs dealing with 2 of them. Rossendales then set up an AOE for 2 liability orders meaning I was basically paying double the recommended amount. I emailed the council explaining with a formal complaint and advised them what they had done was putting me in hardship and they contacted Rossendales on my behalf and they are now just taking AOE payments for one liability order at a time. Don't know if this information may help you in some way?

[lookinforinfo]

I came across this Citizens Advice website earlier today for some one else who had an AOE which looks as if it gives some helpful hints-

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm

 

I suppose it does eliminate bailiffs from the equation which has to be a good thing.

[citizenB]

Yes, I posted that link in post # 3 - it is very informative

[lookinforinfo]

Yes, I posted that link in post # 3 - it is very informative

 

OOps-I think that's a gotcha!!