Council Tax Attachment of earnings

Attachment of Earning is made by the Council not the court

AOE order for council tax is made by the council nothing to do with a County Court. Once the council have the liability order they can make their own AOE order. They do this with the authority of The Council Tax Regulations 1992. 

Making of attachment of earnings order:

37.—(1) Where a liability order has been made and the debtor against whom it was made is an individual, the authority which applied for the order may make an order under this regulation to secure the payment of any outstanding sum which is or forms part of the amount in respect of which the liability order was made. 

Making of attachment of earnings order

https://www.legislation.gov.uk/uksi/1992/613/regulation/37/made 

Your employer can refuse to take money from your wages with a reasonable excuse. The excuse is that he will put you into financial hardship if he was to deduct money from your wages. 

56. (3) It shall be a defence for a person charged with an offence under paragraph (2) to prove that he took all reasonable steps to comply with the order. 

https://www.legislation.gov.uk/uksi/1992/613/regulation/56/made 

More info

The Council Tax (Administration and Enforcement) Regulations 1992 (Regulation 32 and 38 to 42 is used by Council's to justify issuing an attachment of earning to an employer, they must first have a Liability Order (they have a FAKE one ). 

If you are on benefits the Deduction from benefits can be done by the DWP under Schedule 9 of the Social Security (Claims and Payments) Regulations 1987 . This does not require the DWP to go to a court, it does require the Council to provide details of the Court judgement. The Council and DWP can share information under Section 131 of the Welfare Reform act 2012.

Northampton Council information on AOE

Your employer can also take an extra £1 for each deduction for their administration costs.

The Council can send a maximum of 2 orders at any one time.

Because the whole Council Tax enforcement is based on a LIE as in there is not LIABILITY ORDER. All the employer has to do is ask to see the court documents backing up the Councils request for an Attachment of Earnings. There simply is NONE. 

So go to the County Court and Magistrates Court  and ask them for a copy of all judgments and orders against you, the Council Tax Liablity Order WILL NOT be listed. That should be enough evidence to motivate your employer to request the court documents from the Council.  You can send the Courts and Council an SAR to get this information.

Some employers will do this:

TEMPLE LETTER TO EMPLOYER

[Your Address]
[Postcode]
[Date]

[Employer’s Name]
[Company Name]
[Company Address]
[Postcode]

Subject: Query Regarding Deductions from Wages and Potential Hardship

Dear [Employer’s Name],

I am writing to seek clarification regarding a deduction from my wages that I have recently been notified about. Specifically, it appears that an Attachment of Earnings Order (AEO) may be in effect in relation to a council tax liability.

Under the Employment Rights Act 1996, Section 13, an employer is not permitted to make deductions from an employee’s wages unless such deductions are required by statute, a court order, or the employee’s consent. If this deduction relates to an AEO, could you please provide me with a copy of the Liability Order and the court-issued AEO for my records?

I respectfully request that you consider this potential hardship when deciding whether to implement the deductions. If you agree that the deductions would cause undue hardship, I ask that you notify the local authority in writing, as required by the regulation, and seek guidance on whether a variation or suspension of the order is possible.

I would appreciate your confirmation that all legal requirements have been met before any deduction is applied. If there is any further documentation or process that I need to follow, please let me know.

Thank you for your understanding and attention to this matter.

Yours sincerely,

[Your Name]
[Your Signature]
[Payroll Number]

Human Rights Template Letter

Your Name,

[Your Address ]

[Post Code]

Mr Council CEO

[Your Council]

[Council Address ]

[Post Code]

[DATE]

Council Tax Account Number ########

Dear Mr [Council CEO],

I currently have an Attachment to my earnings,to pay off my council tax arrears for account number ######,the amount being taken out of my pay to cover the attachment is putting me and my family into financial difficulty whereby I am finding it difficult to pay other household bills,typically my rent/mortgage and utility bills!

The plight I am in is in direct contravention to Article 25 of Universal Declaration of Human Rights which state:-

ARTICLE 25 RIGHT TO AN ADEQUATE STANDARD OF LIVING

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

Also the amount being taken out of my pay is in contravention to Article 23 Subsection 3 which states :- 

ARTICLE 23 RIGHT TO WORK(subsection 3)

“Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity.” 

I would ask that you as CEO of my council suspend the AOE, as is written in section 6,subsection 1,which states:

HUMAN RIGHTS ACT 1998 SECTION 6 (1)

"It is unlawful for a public authority to act in a way which is incompatible with a Convention right." 

So as I may come to a suitable arrangement to pay off my council tax with affordable payments,so my Human Rights are not violated.

I would also like to this opportunity to apply for a section 13 A reduction as per the Local Government Finance Act 1992 which states,:-

LOCAL GOVERNMENT FINANCE ACT 1992 SECTION 13 A

“Where a person is liable to pay council tax in respect of any chargeable dwelling and any day, the billing authority for the area in which the dwelling is situated may reduce the amount which he is liable to pay as respects the dwelling and the day to such extent as it thinks fit.”

To bring my council tax to a more affordable level,whereby I can live with human dignity as per the human rights act.

I look forward to your reply.

Yours Faithfully

Your Name.

Template for Attachment of Benefits

Your Name

[Address]

[POSTCODE]

CT Ref: XXXXXXX

Date

Belfast Benefits Agency

Plaza building 

ESA, 4th Floor

31-34 Chichchester Street

BELFAST

BT1 4JF

Re: Letter enclosed 

Nation Insurance No: xxxxxxxxx

Dear Sir/Madam,

I write to make this formal request to the Benefits Agency not to deduct money from my benefits as requested by Xxxxxxx Council, for the following reasons:

1. No liability order has been made against my name as Xxxxx Council have stated to you, in ‘a court under the authority of HMCTS.’ Please get this confirmed before making any deduction. Liability order hearing are not HMCTS hearings.

2. The amount demanded is liable to force me to live on an income below the government poverty threshold (The UK government, the European Union and many other countries use 60 percent of median household income as the poverty ‘threshold’).

3. Due to past bailiff's actions I suffer from numerous mental issues, depression, stress, anxiety, suicidal thoughts, etc, etc etc, xxxxxxxxxx and has led us into debt, poverty, unable to live a peaceful decent life breaching our human rights. 

4. The plight I am in is in direct contravention to Article 25 of Universal Declaration of Human Rights which state:-

ARTICLE 25 RIGHT TO AN ADEQUATE STANDARD OF LIVING

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

Also the amount if taken out of my benefits would be in contravention to Article 23 Subsection 3 which states :- 

ARTICLE 23 RIGHT TO WORK(subsection 3)

“Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity.” 

I would ask that you as the Benefits Agency to refuse Barnet Council’s ‘Request’, as is written in section 6, subsection 1, which states:-

HUMAN RIGHTS ACT 1998 SECTION 6 (1)

"It is unlawful for a public authority to act in a way which is incompatible with a Convention right." 

5. The council tax ‘regulations’ which are not a statute; have not been approved by the houses [commons & lords] and have not had nor passed – Royal assent [approval] these ‘regulations’ are a clear breach of human rights, international law and our constitution.

I trust I shall hear from you in regards to this matter at your earliest convenience, 

Yours faithfully,

Xxxx Xxxxxxxxx

TEMPLATE FOR CEO OF COUNCIL/ UNIVERSAL CREDIT

Covenant of Economic, Social and Cultural Rights

Your Address Line 1

Your Address Line 2

Your Address Line 3

Post Code

[THEIR ADDRESS]

[THEIR POSTCODE]

Council Tax Account Number ########

Dear [Sir/Madam or THEIR NAME],

I currently have an Attachment to my earnings, to pay off my council tax arrears for account number ######, the amount being taken out of my pay to cover the attachment is putting me and my family into financial difficulty whereby I am finding it difficult to pay other household bills, typically my rent/mortgage and utility bills!

The plight I am in is in direct contravention to Article 11 of the International Covenant of Economic, Social and Cultural Rights, which was ratified by the UK government in 1976 which states:-

ARTICLE 11

“ The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. ”

Also the amount being taken out of my pay is in contravention to Article 7 A Subsection 2 of the International Covenant of Economic, Social and Cultural Rights which states :-

ARTICLE 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant.

I point you to Paragraph 72 of The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, which sets out violations of the above covenant, in particular, A State party will be in violation of the Covenant, inter alia, if: it wilfully fails to meet a generally accepted international minimum standard of achievement, which is within its powers to meet;

Taking this into account, I would ask that you as CEO of my council suspend the AOE,

So as I may come to a suitable arrangement to pay off my council tax with affordable payments, so my Human Rights are not violated.

[ONLY INCLUDE THIS SECTION FOR COUNCIL - START]

I would also like to this opportunity to apply for a section 13 A reduction as per the Local Government Finance Act 1992 which states,:-

LOCAL GOVERNMENT FINANCE ACT 1992 SECTION 13 A

“Where a person is liable to pay council tax in respect of any chargeable dwelling and any day, the billing authority for the area in which the dwelling is situated may reduce the amount which he is liable to pay as respects the dwelling and the day to such extent as it thinks fit.”

To bring my council tax to a more affordable level, whereby I can live with human dignity as per the human rights act.

I look forward to your reply.

[ONLY INCLUDE THIS SECTION FOR COUNCIL - END]

Yours Faithfully

Your Name.