Digital Spy

Search Digital Spy
 

DS Forums

 
 

wages arrested non payment council tax


Reply
Thread Tools Search this Thread
Old 05-08-2009, 12:27
taylorcat
Forum Member
 
Join Date: Jan 2009
Posts: 108

A friend has had their wages arrested for non payment of council tax. I believe the council has sold his debt onto a collection agency. They are taking a heck of a lot back each month, anybody know what he could do, as he is struggling big time. thanks
taylorcat is offline   Reply With Quote
Please sign in or register to remove this advertisement.
Old 05-08-2009, 12:27
Ginger Daddy
Forum Member
 
Join Date: May 2009
Posts: 4,432
His wages arrested?

I'm sorry, this makes no sence to me at all.

Do you mean a Detachment of Earnings?
Ginger Daddy is offline   Reply With Quote
Old 05-08-2009, 12:33
sancheeez
Forum Member
 
Join Date: Feb 2005
Posts: 6,763
Not much he can do.

The amount they take is calculated as a percentage of his take home pay each month.

They did the same thing to me a few years ago when they eventually caught up with me for Poll Tax I never paid them.

The only way I got rid of it was to change jobs. But it was only a temporary respite. They just went to my bank account and emptied that instead.

The arrestment arrangement is done between the agency and the employer (mine didn't like it at all but had to go along with it) so there is very little you can do.

You can try phoning the debt collection agency but if they have their hooks into your wages, it's unlikely they'll be interested in taking a lesser amount by personal arrangement. If you are going to come to an agreement, you're best to do it before it gets to this stage.
sancheeez is offline   Reply With Quote
Old 05-08-2009, 12:34
paulyoung666
Forum Member
 
Join Date: Jul 2005
Posts: 8,151
thats what he means , afaik they are will only be able to take so much , and not cause severe hardship by taking too much , your friend needs to get onto CAB methinks and quick
paulyoung666 is offline   Reply With Quote
Old 05-08-2009, 12:34
*Eileen*
Forum Member
 
Join Date: Nov 2004
Posts: 9,605
His wages arrested?

I'm sorry, this makes no sence to me at all.

Do you mean a Detachment of Earnings?
You mean Attachment of Earnings and the term Arrestment is a common alternative to this.

As for the OPs question I'm not sure of an answer, his employer will have no choice but to deduct the monies and all I can think is that he could appeal to see if he can get the amount reduced - he does owe the money I presume, so they are perfectly entitled to want it back. Maybe he should make an appointmnet with his local CAB as see what they advise.
*Eileen* is offline   Reply With Quote
Old 05-08-2009, 12:35
susie-4964
Forum Member
 
Join Date: May 2005
Posts: 21,762
His wages arrested?

I'm sorry, this makes no sence to me at all.

Do you mean a Detachment of Earnings?
I imagine the OP means the Council is taking the money directly from the individual's wages, whatever that's called. I believe it's possible to go to court and ask for smaller payments to be made over a longer period, but things must have got pretty far for the debt to have gone to a collection agency. The friend would have stood a better chance while the debt was still in the Council's hands.
susie-4964 is offline   Reply With Quote
Old 05-08-2009, 12:44
Caxton
Forum Member
 
Join Date: Dec 2000
Posts: 20,590
Is your friend really struggling and when I mean struggling I mean struggling. Has you friend got all the latest gizmos, phones, computer games, smokes, drinks, spend money of foreign holidays, go out clubbing, football matches, etc etc etc.

We had a guy like that at work who struggled big time to pay his necessary bills but always had plenty of money to spend on entertainment and trivia. Some people get priorities all wrong.
Caxton is offline   Reply With Quote
Old 05-08-2009, 12:51
taylorcat
Forum Member
 
Join Date: Jan 2009
Posts: 108
Yes he is struggling. He has already spoken to the Debt collection agency, but I believe the converstion just went round in circles. I just wondered if anybody else had been in same situation, and if there was any way he could reduce the amount he is paying out every month.
taylorcat is offline   Reply With Quote
Old 05-08-2009, 12:51
The Kenz
Inactive Member
 
Join Date: Aug 2007
Location: Northants
Posts: 1,523
Earnings Arrestment - in Scotland

Attachment of Earnings - in England

The OP could be perfectly correct in their terminology.

Once the Arrestment/Attachment has been set up, there is little your friend can do. The Arrestment/Attachment is legally binding on the employer to operate. The only ways to avoid this are:

1) Leave job, or
2) Reduce hours so that the take-home pay is below the lower limit for deductions, or
3) Arrange with the agency to repay the balance of the debt directly

The amounts to be decucted are fixed, based on the amount of take-home pay your friend has. So there is no way to reduce the payments either.
The Kenz is offline   Reply With Quote
Old 05-08-2009, 12:53
taylorcat
Forum Member
 
Join Date: Jan 2009
Posts: 108
I imagine the OP means the Council is taking the money directly from the individual's wages, whatever that's called. I believe it's possible to go to court and ask for smaller payments to be made over a longer period, but things must have got pretty far for the debt to have gone to a collection agency. The friend would have stood a better chance while the debt was still in the Council's hands.
Yes, the debt collection agency have gone through his work to take the money off at source - (i think)
taylorcat is offline   Reply With Quote
Old 05-08-2009, 12:55
Gogfumble
Forum Member
 
Join Date: Jan 2007
Location: Swashbuckling on Melee Island.
Posts: 20,072
My understanding is, that if an AOE has been issued then it means that the debt has already been taken through the courts (it's the courts that issue the AOE anyway).

Your friend should have therefore received a court summons to attend this hearing. Where it would have been an opportunity for them to negotiate a monthly payment. And by this time, as long as you can prove you can't afford to pay more the courts usually accept a very small sum.

The fact it has gotten this far to me makes me think your friend was ignoring it, hoping it would go away. Now they are stuck as the debt collectors are getting money from the source. And by this time they are not obliged to negotiate any further. They are getting the money, that's all they care about.

Not much your friend can do I don't think. If they are truly struggling to make ends meet then maybe a trip to CAB is in order? For a start they will take a look at where the money goes and help your friend budget better.
Gogfumble is offline   Reply With Quote
Old 05-08-2009, 12:59
taylorcat
Forum Member
 
Join Date: Jan 2009
Posts: 108
My understanding is, that if an AOF has been issued then it means that the debt has already been taken through the courts (it's the courts that issue the AOE anyway).

Your friend should have therefore received a court summons to attend this hearing. Were it would have been an opportunity for them to negotiate a monthly payment. And by this time, as long as you can prove you can't afford to pay more the courts usually accept a very small sum.

The fact it has gotten this far to me makes me think your friend was ignoring it, hoping it would go away. Now they are stuck as the debt collectors are getting money from the source. And by this time they are not obbliged to negotiate any further. They are getting the money, that's all they care about.

Not much your friend can do I don't think. If they are truly struggling to make ends meet then maybe a trip to CAB is in order? for a start hey will take a look at where the money goes and help your friend budget better.
Yes I thought they would have had to notify him too, but apparently the first he knew about it, was through his work. Thanks, I'll advise him to get on to CAB.
taylorcat is offline   Reply With Quote
Old 05-08-2009, 13:14
Flossychick
Forum Member
 
Join Date: Feb 2009
Location: Costa Del Sunstroke
Posts: 2,801
In Spain they call it an embargo and the tax man, police for parking tickets, basically anyone official can dip into your bank account here sending the request through and wiping you out. So they are doing it back there now, good job they didnīt have that when I stll lived there. However I did owe a fair amount of Council Tax at one point. The bill from the council was about 750 quid and with bailiffs fees came to over 1,400 quid!! So I called the council and they told me that if I paid the original bill direct to them, they would call off the bailiffs. So I did that, paid the smaller bill and the bailiffs were cancelled and were left fuming, but who cares about them.
Flossychick is offline   Reply With Quote
Old 05-08-2009, 13:20
davidmcn
Forum Member
 
Join Date: May 2009
Location: Edinburgh
Posts: 8,549
Yes I thought they would have had to notify him too, but apparently the first he knew about it, was through his work.
The Sheriff Officers are meant to send a copy to him at the same time as they serve it on the employers, so he ought to have known earlier - though it doesn't invalidate the arrestment if he didn't get a copy.

I'm not an expert in this area, but I doubt there's much he can do about the amount being deducted - the debt is due under a court judgment, and the deductions are subject to statutory limits (so are deemed to be affordable).
davidmcn is offline   Reply With Quote
Old 08-08-2009, 00:57
Pistol Whip
Forum Member
 
Join Date: Nov 2007
Location: North West
Posts: 9,292
How did they know where he worked?
Pistol Whip is offline   Reply With Quote
Old 08-08-2009, 07:35
alan_m
Forum Member
 
Join Date: May 2008
Posts: 1,581
How did they know where he worked?
The debt collection agency employed someone to find out, probably adding Ģ1000+ in fees to the debt as a result.
alan_m is offline   Reply With Quote
Old 08-08-2009, 09:06
RebelScum
Forum Member
 
Join Date: Apr 2007
Location: Aberdeen
Posts: 9,044
Yes he is struggling. He has already spoken to the Debt collection agency, but I believe the converstion just went round in circles. I just wondered if anybody else had been in same situation, and if there was any way he could reduce the amount he is paying out every month.
Translation: They offered him advise but it wasnt what he wanted to hear.
RebelScum is offline   Reply With Quote
Old 08-08-2009, 09:42
Sigurd
Guest
 
Join Date: Jul 2004
Posts: 24,445
Translation: They offered him advise but it wasnt what he wanted to hear.
I don't think debt collection agencies are really noted for giving helpful advice.
Sigurd is offline   Reply With Quote
Old 08-08-2009, 09:52
Dragonlady 25
Forum Member
 
Join Date: Apr 2009
Posts: 6,483
If this is in Scotland, I've no idea how the system works there.

In England, a detachment from earnings order would not be issued without prior knowledge.

Has this friend been to the Citizens Advice? They are non profit making and will give the best advice, simply because 'there's nothing in it for them'.
Dragonlady 25 is offline   Reply With Quote
Old 08-08-2009, 09:54
FluffyEgg
 
Posts: n/a
Why didn't he pay council tax at the start? I don't have a lot of sympathy with those who wont pay their dues
  Reply With Quote
Old 08-08-2009, 10:08
Sigurd
Guest
 
Join Date: Jul 2004
Posts: 24,445
Yes I thought they would have had to notify him too, but apparently the first he knew about it, was through his work. Thanks, I'll advise him to get on to CAB.
From what's said here, your friend would certainly have been told what was happening:

http://www.nationaldebtline.co.uk/sc...of_council_tax

Maybe he just doesn't open letters?

Apparently he could have asked for time to pay his council tax. From the above page:

What can I do to avoid further action?

From 1 April 2008 you can apply to the sheriff for time to pay your Council Tax debt. This is called a 'time to pay order'. If your time to pay order application is granted and you keep making the payments ordered, the council cannot make you bankrupt or use diligence against you (this includes enforcement action such as arrestment of wages).
However, I suspect that matters may have gone too far for him to do that now.

The National Debtline might be helpful: its number is 0808 808 4000. Other advice here:

http://scotland.shelter.org.uk/getad...il_tax_arrears
Sigurd is offline   Reply With Quote
Old 08-08-2009, 10:09
Gneiss
Forum Member
 
Join Date: May 2006
Location: Cambridgeshire
Posts: 13,959
A friend has had their wages arrested for non payment of council tax. I believe the council has sold his debt onto a collection agency. They are taking a heck of a lot back each month, anybody know what he could do, as he is struggling big time. thanks
They won't do that unless...

a) He is an awful long way behind.
b) He has ignored all attempts to contact him.

OR

He has broken a previous agreement to pay back an arrears.
Gneiss is offline   Reply With Quote
Old 08-08-2009, 10:15
RebelScum
Forum Member
 
Join Date: Apr 2007
Location: Aberdeen
Posts: 9,044
I don't think debt collection agencies are really noted for giving helpful advice.
No, but that's because they only have one endgame in mind; settlement of the debt.

Bit of waste of time contacting them at this stage. As others have said this didnt happen overnight. Plenty warnings would have been given, along with plenty of opportunities to negotiate maneagable repayments before it got anywhere near this stage. The fact that he is were he is means he has ignored every warning and ignored every offer to settle the debt in a more managable manner. And now that reasonable negotioation stage has passed is when he atempts to sort it out? Waste of time, of course the conversation went round in circles.

The only practical advise one can give now is learn from this experience so it never gets to this stage again. May sound like harsh and impractical advise right now (and I apologise for that), but in the long term it will save a lot of stress and money.
RebelScum is offline   Reply With Quote
Old 08-08-2009, 10:37
davidmcn
Forum Member
 
Join Date: May 2009
Location: Edinburgh
Posts: 8,549
The debt collection agency employed someone to find out, probably adding Ģ1000+ in fees to the debt as a result.
Or he had already disclosed the information when discussing making arrangements to pay.
davidmcn is offline   Reply With Quote
 
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search

 
Forum Jump


All times are GMT +1. The time now is 14:28.