Help needed RE: Council Tax Attachment of Earnings Order

Help needed RE: Council Tax Attachment of Earnings Order

Postby welshpaddy » Fri Oct 02, 2009 6:02 pm

Can anyone give me some advice on this please.

Abouth 2 mouths ago I received a letter from the council regarding an outstanding council tax bill for the previous tax year. Attached was a 'statement of means' which I did not completed. I sent them a 'notice of clarification' within the 14 days they requested, as I was not at the property for the dates they were charging me for (This was due to the property being attacked by an arsonist, to which I can prove via police records). My 'notice of clarification' asked them to clarify what period this debt was for and what I got for my 'moneys'.

Now, about 2 mouths later I find a deduction in my wages. I spoke with my boss who informed me that the council were deducting from my wages via a Council Tax Attachment of Earnings Order. I then checked online if this is lawful. Now its my understanding that the council need a 'statement of means' to take to the court in order for a court to make this deduction 'legal', which the local council have never had from me.

I am of the understanding that what they have done is against there own 'legal' rules. Can someone advise me more on this please
welshpaddy
 
Posts: 24
Joined: Sun Jul 26, 2009 6:54 pm

Re: Help needed RE: Council Tax Attachment of Earnings Order

Postby welshpaddy » Mon Oct 05, 2009 6:42 pm

Hi All,
It feels a bit strange replying to my own thread but I still require help on this matter. I've researched this as much as possible over this weekend, and this is what I've found (If I am incorrect on this then please, any 'legal' brains out there, please advise me).

The council (ie. Caerphilly) require me to complete a 'statement of means' in order to approach a magistrate who makes a decision on the evidence ie. wheather or not a CTAEO can be issued to my employer. This, I believe, ONLY applies to a caerphilly magistrate if I live in the caerphilly borough , which I don't, so my local magistrate (Newport) should be dealing with it. PLEASE NOTE: At present I'm unsure which county magistrate is dealing with this as my employer has not submitted this information to me. I hope to find out which magistrate made the decision within the next couple of days.

In addition, I have NEVER been advised of this by any magistrates court, caerphilly or newport. I'm currently of the understanding that a court will give the defendant the opportunity to 'pay in full' before the CTAEO is issued to my employer. This is the reason I don't know which magistrate's court is dealing with it, because, I only found out on checking my pay slip. I have never received any correspondance apart from the original letter from Caerphilly council (see above).

Also, I'm of the understanding that my employer can be contacted in order to obtain how much I earn etc. by the caerphilly borough council. (This maybe, im unsure, weather this information can be used by caerphilly borough council, to complete the 'statement of means'). This is all prior to the magistrate approving, as it were, the CTAEO.

In closing, the reason i'm annoyed with this is that as far as I'm concerned, no Joinder has ever been established between me and the debt. I think thats what the 'statement of means' is used for, but i'm still unsure.

Any help that anyone can give me on this would be very helpful as my only options I believe I have are as follows:-

1) Go down the route of a 'miscarriage of justice' has occured - Reasons: no Joinder has been establish between me and the debt ( I hav'nt signed anything so I have not been 'connect' to the said debt), so the magistrate has made a judgment without all the required documentation .ie no 'statement of earnings'.

2) Take the council to court on a claim of theft - Basically there have no 'lawful' claim to my cash.

3) Become a 'good little slave' and just accept what people tell me to be the truth.

I will continue to research this myself but would appreciate any input that can be added by anyone with experience on this. Also, I will continue to relay whatever happens during this process. Reason being, to help or inform those who may come up against this in the future.

Thank you for taking the time to read this,

Welshpaddy
welshpaddy
 
Posts: 24
Joined: Sun Jul 26, 2009 6:54 pm

Re: Help needed RE: Council Tax Attachment of Earnings Order

Postby Star-Child » Mon Oct 05, 2009 10:19 pm

Expect the council to just ignore you. They will happily submit attachment orders, even if you are sending notices.

Might be best to work on it, calmly if you can, maybe track down a copy of who has signed the attachment order ? People should have sight of legal source documents I would of thought ? I've asked repeatedly for legal documents court paperwork, and I've got F all after 10-11 months.......

Depends on how much time and energy you can put into it...... Massive corporations seem happy to stick 2 fingers up for people having the nerve to ask for any court paperwork , cheeky f***ers aint they ?

See what the courts can give you, any case numbers ? judges involved, ring them up to start with and they may direct you back to council for paperwork, or perhaps they might have some, although my court said they dont keep any ...... :) And the local council have gone shut down when I make contact asking for documents !!

good luck mate, let us know of any progress.........
Happy Holidays !
Star-Child
 
Posts: 1496
Joined: Fri Jan 02, 2009 5:43 pm

Re: Help needed RE: Council Tax Attachment of Earnings Order

Postby welshpaddy » Mon Oct 19, 2009 3:43 pm

FINAL UPDATE...

It appears that I've lost this one.

My employer has given me a copy of the letter he received from the council. It appears that the magistrates' passed the Attachment of Earnings Order back in Aug. '08. Also the amount was for far less than they have been asking of me (Originally £381, now £145). Turns out thats the correspondence I received this August was for a different debt my strawman has with them. I cast my mind back to before August '08 and I do remember receiving letters regarding £145 council tax. At the time I was unemployed and was told that this money would be taken from my dole money. So I visited the council and made a payment of £6 (Let it never be said that I'm not a generous man :) ). At the time I thought it was strange that I was asked to sign because I had just made a payment. Now I realize that this was to create 'Joinder' between me and the debt.

I've had no further response regarding the £381, and have made my employer aware that a further CTAEO maybe sent to him, regarding this amount, soon. After explaining my case to him, he said he will advise me straight away, as he is starting to take an interest in this. But for now I have to be factual about things and report the following...

ME 0 - Globe Elite 1 (+£145)

To be continued....
welshpaddy
 
Posts: 24
Joined: Sun Jul 26, 2009 6:54 pm


Return to Council Tax

Who is online

Users browsing this forum: No registered users and 0 guests