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attachment of earnings for council tax im not liable for. please please help. thankyou

Last post Sun, Nov 01 2009, 9:44 PM by maxsteam. 11 replies.
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  •  Sun, Nov 01 2009, 9:44 PM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    This link may help (there is information about how to fill in the form see "How do I apply"):

    http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

    You should apply to have the liability order set aside on the grounds that documents were served incorrectly and particularly, you did not receive the summons.

    If successful with the above, and if it was taken to court again, you could argue there against another liabiliy order on the grounds that the council tax was not demanded correctly. The council should send you a bill then, when that didn't get paid, a reminder. They should do this promptly. Obviously if they had sent you a bill while you were still living in the property and while you were paying rent to the landlord, you would have been in a far better position to sort things out.

    • Post Points: 5
  •  Thu, Oct 29 2009, 3:34 PM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    thankyou. the people at the court are so unhelpful and are rude and very snappy. evenm when asing them details such as how much will i pay. unbelieveable.i have got NOWHERE on teh phone to teh court, jus snappped at. i will look into the info you have sent, thankyou.

    the contract celarly states council tax is include very clearly and is done by an estate agent and signed by both me and the landlord.

    i have already processed the small claims form. i am not on amicable terms with the alndlord and felt quite sacred of his presence most of the time. asing him for the money would get me nowhere, i had a leaing shower that dripped into the kitchen he did nothing about. hes never happy to put his hand in his pocket, but then neither am i to pay his bill. just cost me 70 quid to file that claim :(

    • Post Points: 20
  •  Thu, Oct 29 2009, 3:15 PM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    Yes, you can't argue about the attachment of earnings or the debt at this stage. But, before the attachment of earnings order was given, the matter will have been taken to a magistrates court and a liability order issued. Read the "outline of procedure" in paragraph 4 here.

    http://www.local.communities.gov.uk/finance/ctax/ctil/aeo-guid.pdf

    It is this liability order that you can argue with because you didn't receive the summons. Only after the liability order has been reversed, the attachment or earnings will not be valid.

    You need to ask the court for the correct form to reverse the liability order on the grounds that the summons wasn't received. (or you might even be able to download this form somewhere). You wont sort things out over the phone but, hopefully, once the form has been filled in, sent back and processed, the liability order and then the attachment of earnings order will be cancelled.

    If the matter goes back to court, you can argue about whether or not you should have to pay then. One argument that you could put is that the tax was not demanded correctly. For example, when you miss a payment the council should send a reminder. You can point out that this hasn't happened, but it's only relevant at this stage.

    If you are considering action aganst the landlord, you should first write to ask for an explanation before taking court action. You also need to find out if the rent was "including all bills" or whether the contract specifically mentioned council tax.

    • Post Points: 20
  •  Thu, Oct 29 2009, 2:21 PM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    thanks everyone. greatly appreciated so much. been cab again today, was total waste of time, even law firms wont deal in this area. spoke to teh courts who have said that as i was sole tenant, i am responsible. the tenancy drawn up is between me and landlord and therefor comes under personal matter. they will not freeze the attachment of earnings as they say thats the law nd the liability stands. they also not deal with it in-house, so the attachment of earnings still stands and approx 180 pounds will be taken from me for a month, total being, over 1500 pounds. no defaults or ccjs have been registered against me. apparently alos, i dont need to be given any prior notice or correspondance before an attachment of earnings is applied. the only way they will take it off is if i clear the amount in full. are they for real in these times to think i have that money just lying around? just filling out the small claims form, lets see if that gets me anywhere.

    Thanks everyone, all advice is apprecaited as eerywhere else has been pointless. thankyou all.

    • Post Points: 20
  •  Thu, Oct 29 2009, 8:08 AM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    Max,

    much as I would like to visit the local Court, I am in Abu Dhabi. However if what you say is true, then this is a story the local press should be investigating.

    stressed,

    max is right, you deserve a hearing on this, so keep at it, and don't worry too much, you have the contract, so you will win.
    • Post Points: 20
  •  Wed, Oct 28 2009, 2:54 PM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    Stressed2much - remember that we are a democracy and you have a right to be invited to put your case at such a court hearing.

    What will be will be. Getting stressed wont help. If anything it will make it harder for you to keep things together at your end.

    Skywalker - sorry my post was too long. Had I been writing it for you, I would have kept it short and simple. I don't like the word "lurk" but I could take you to meet these people anytime that the local court here is dealing with council tax. They may call themselves "negotiators" from the council "legal team".

    • Post Points: 20
  •  Wed, Oct 28 2009, 7:03 AM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    thnakyou for the advice very much. iv not been able to sleep worrying about this. the court person i spoke was very unhelpful yesterday so fingers crossed for todays call for the judgement to be set aside. will keep you all updated thanks.
    • Post Points: 5
  •  Wed, Oct 28 2009, 6:44 AM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    Maxstream,

    perhaps you can provide evidence of these people, apparently employed by the Councils, who lurk outside courtrooms and send people away - because that is the most strange thing I have read from you for a while. The fact is that you provided a long winded answer that was overly complicated.

    Thanks for trying to assist here, but please stick to things you know about, without adding fictional rubbish please.
    • Post Points: 5
  •  Wed, Oct 28 2009, 6:33 AM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    Skywalker:

    You need to approach the Court and ask for the judgement to be set aside - your reason will be you never received any summons, and so the case was heard without your knowledge.

    Oooooh! What a good idea! I wish I could have though of that!

    • Post Points: 20
  •  Wed, Oct 28 2009, 6:23 AM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    Dear God, I have read some rubbish here, but that last post really sets a new standard!

    Councils don't send out summonses, that is what the Courts do. And as for Councils employing someone to stand outside the Court and send you away - utter bilge.

    You need to approach the Court and ask for the judgement to be set aside - your reason will be you never received any summons, and so the case was heard without your knowledge. If the Court accepts this, then a new date will be set, for the case to be heard again. You simply attend this new hearing, and present your copy of the tenancy agreement. If the Judge accepts this, you will win, and no liability order will be made against you.
    • Post Points: 50
  •  Wed, Oct 28 2009, 6:06 AM

    Re: attachment of earnings for council tax im not liable for. please please help. thankyou

    The next step, in my view, is to contact the court and apply (using the right forms) for the judgement to be reversed on the grounds that you didn't receive the summons. The judgement that you are asking to be reversed will be the one where the council took you to court for the debt. Once that judgement had been obtained, you would not have had any invite to argue against the attachment of earnings.

    It is important that you understand that you can't ask for the judgement to be reversed on the basis that it was an incorrect judgement because, as far as the court was concerned, you didn't turn up to put forward any case and so, almost inevitably, the court decided against you.

    It is possible that, if you do get the judgement reversed, the council will take the matter to court again. If that happens, you should attend. It is quite common for some councils not to send out summonses properly. It is also quite common, when they do send out summonses properly, for them to have a representative outside the court who will discuss the matter with you, agree something verbally, then tell you that you now don't need to go into the court - then they go into court and, because you don't turn up inside the court, they get a judgement against you.

    If you do go to court, you should do a little research on the situation regarding your council tax liability. If, for example, you were a student living in accomodation that was just for you and other full-time students, you should have been exempt from paying council tax.

    • Post Points: 5
  •  Tue, Oct 27 2009, 11:47 PM

    attachment of earnings for council tax im not liable for. please please help. thankyou

    hi, could somone please please help?
    the first i heard was through my employers that they had recieved an attchment of earnings and have to comply. i found out the next day, it was a council tax bill relating to somewhere i rented for 2 years, about 1 1/2 years ago. the rent there was inclusive of all bills, including council tax. the tenancy agreemnet was drawn up at an estate agents and clearly shows this. the council have got a copy of this.
    i rang the court department as directed by the council. they have said that i am liable and the attchment of earnings still stand as i was the tenant!!! so i have paid my rent at that shambles of a property and now i have to pay the coucil tax out of my earning for over 2,500???
    i went to the cab, which was a total waste of 3 hours. they were not able to offer much advice other than to go to the neighbourhood office? i have spoek to the council who said the tenancy is an agreemnt between me and the landlord. despit the tenancy saying he is liable for all bills, because i am the tenant, i am liable for teh bill. they said my best bet is to as the landlord for payment and set up an arrangemnt whereby he pays me and i pay the council tax.
    This is extremly unlikely as teh landlord would not want to spend a penny. we also departed on bad terms and do not have any contact.
    but my question is, is this right??? can anyone help me? am i expected to use my wages to pay for somewhere i lived one and a half years ago and carry on paying for 2 years till it gets to 2500 when i paid my rent??? apparently he has made no council tax payments.
    i am also furious as this has made me look very unprofessional at work. im very upset and have recieved no helpful information. can anyone please help???

    The first i have ever known about this was on thursday when my employers informed me that an attachemnt of earnings was going to be added to my next pay. i had no idea till tehn as i moved from taht property one an a half years ago. when in the property, i didnt get a council tax bill and didnt worry as my rent was to include all bills. i still have the tenancy whcih was drawn up though an estate agents. i lived alone in teh house....
    if i take him to a small claims court and he still doesnt pay, does this mean he will get a ccj, and il still be paying? thanks. incredibly distressed.

    • Post Points: 35