Council tax court order boss not paid money

td

My bil had a court order for council tax arrears to be taken out of his wages. This was done for well over a year but his boss who took the money never passed any of it onto the council so council have now started to pursue them again for money they have already paid. The boss has since gone bankrupt opening company up in his sons name. It has also transpired that he didn't pay quite a bit of their tax either. Council say they didn't receive the money so the fact that they paid it is not their problem they just want their money.

Any advice on what they can do next?

Thanks

Jules69B

Do his payslips show the attachment of earnings being taken out? If so, you need to take all of them to the recovery part of your council who can then see it has been taken out of your wages. The Recovery section of the council will be able to see that you have adheered to the attachment and have to chase the Boss. This happened to my husband recently and the Council threatened his boss with legal action as it is a criminal offence to take the attachment and not pass it onto the council. There is a leaflet given out with your attachment that explains it all.
Hope that helps
Jules

DVardysShadow

Take this to the bankruptcy administrators immediately. As an employee, he is a preferred creditor to some extent and it could be argued that as the money was never paid to the council, that his wages were not paid in full. As I said, there are some limits on this, but it is best to get a claim in ASAP and argue later.

td

Thank you for your replies and sorry for my late response intried to improve my broadband signal and managed to mess it up completely.

At the moment they are being made to repay, it is on wage slips but council not interested their line is that they don't have the money and it's not their problem. They are using their legal cover on their car insurance but I will print off your replies as an additional option. It turns out he's not paid employees tax or ni contributions either

Thanks again

Td

CIS

The Recovery section of the council will be able to see that you have adheered to the attachment and have to chase the Boss. This happened to my husband recently and the Council threatened his boss with legal action as it is a criminal offence to take the attachment and not pass it onto the council. There is a leaflet given out with your attachment that explains it all.

I've encountered this several times and the opinion of our legal team was that the council cannot take action regarding the amounts not paid against the employer as the employer is a 3rd party in the matter. Although they collect the money direct from the wages the actual debt is the employees and they are responsible for any balances not paid.

The regulations require that an employer action the order and they can be fined for non-compliance however any money taken and not paid must be pursued by the employee against the employer.