Two Attachment of Earnings

MercMan

How does it work if a council has two Attachment of Earning for CT arrears on a person. Are they treated as separate items e.g both attracting 12% deductions of earnings each, making 24% overall or are they treated as one so 12% is deducted in total. 24% of a persons take home pay seems draconian! I'd appreciate a reply as the person concerned is besides themselves with worry.

TIA

RAS

Hi

is this the same Council?

Tixy

I beleive you can have a maximum of 2 AoE at any one time, so I think if she falls in the 12% band it will be 24%.

MercMan

Tixy wrote: »

I beleive you can have a maximum of 2 AoE at any one time, so I think if she falls in the 12% band it will be 24%.

She has a court AoE from a CCJ for an outstanding RBS loan so this makes three. Yes its the same council.

RAS

In which case, I suggest that she tries to get hold of her local councillor and takes evidence of the CCJ. Take her SOA as well and they may be able to negoitiate a reduction for her, or at least an agreement that if she goes back to court, they will not fight a reduction.

Tixy

There might also be a possibility for her to look at a consolidated attachment of earnings? I don't know a lot about these but she might well end up paying less I think?
Perhaps try contacting national debtline for some advice on them - unless you know about how they work RAS?
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court#chapter6

MercMan

The problem is that she does not have a copy of the CCJ or the AoE for the RBS loan as it was some time ago, although her employer must have a copy as they making deductions for it. She did try to negotiate with the Council and made an offer of £60 PCM which they refused and issued the EoA instead.

RAS

MercMan wrote: »

The problem is that she does not have a copy of the CCJ or the AoE for the RBS loan as it was some time ago, although her employer must have a copy as they making deductions for it. She did try to negotiate with the Council and made an offer of £60 PCM which they refused and issued the EoA instead.

She can get details of the CCJ from the Registry Trust on-line (£8 per address) and no doubt follow up with the Court. Northampton?

She has tried the revenue section of the Council and they refuse to budge, as expected. Apart from them possibly being contractors paid by results (often Capita), the experience here is that getting an elected representative involved make a major difference to the amount of co-operation from the Council.

I agree with Tixy, she needs to speak to NDL about the possibility of taking this whole lot back to court and seeing if she can get a more reasonbable payment. But bear in mind that fior the CSA, the maximum deduction is 40%, unless that bites into the protected earnings.

Naf

The second is taken at a lower % than the first, although I can't quote the rates off the top of my head. Two is the maximum can be applied on an individual.

MercMan

OK I've passed on the info and they are going to contact NDL. Quick question. What is "protected earnings"? She did a quick calculation and if they take 24% of her take home pay she will not have enough to pay her rent or any bills. This has increased her worries even more.