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Council took me to court illegally

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  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    CIS wrote: »
    The employer gets a letter stating the amount outstanding, date of the court order allowing the deduction, details of the appropriate legislation allowing the order and details of how to pay the order.

    I was on about the council when speaking to the court. I get DEA's quite regularly through our payroll. Its only the person who processes the payroll that will ever really know that the OP had the order so i cant see how their name has been dragged through the mud?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    spadoosh wrote: »
    I was on about the council when speaking to the court. I get DEA's quite regularly through our payroll. Its only the person who processes the payroll that will ever really know that the OP had the order so i cant see how their name has been dragged through the mud?

    Totally different issuing process for council tax attachments compared to a DEA - the court will grant the council a liability order in respect of the balance deemed to be due. After that the court have no more say in the matter (unless it goes for bankruptcy, committal to prison or charging order) and it's the council's discretion as to whether they issue the attachment of earnings order to the employer (from a range of possible options).

    End result should be the same though in respect of payment for the attachment of earnings order.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • molerat
    molerat Posts: 34,649 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My council have a change of address form - does yours - did you fill one in ?
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