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Can Attachment of Earnings (DWP) be holted

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  • Galloglass
    Galloglass Posts: 1,288 Forumite
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    My Employer now advocates letting the Attachment of Earnings carry out.
    Some reading for you.

    https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide/direct-earnings-attachment-a-more-detailed-guide#legal-requirements

    If you the deduction has a detrimental effect then AFAIK it can be suspended for up to 3 months. If you think it is too much, you have to go back to the court to request a variation but don't know how successful that might be.
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  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    edited 28 August 2020 at 7:03PM
    TELLIT01 said:
    If you pay the debt in full there will be no need of any Attachment of Earnings and nothing to attach to.  I would have thought that was pretty obvious.
    So if I were to go by this the DWP then write more letters to my Employer confirming I have paid and end of action? An alleged third party (ie Accountants) also get to know of this when my boss in all his forgetfulness fails to pass on the info. And I become the disobeying ‘what has been said employee’🙈 this is what is scaring me.
  • My Employer now advocates letting the Attachment of Earnings carry out.
    Some reading for you.

    https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide/direct-earnings-attachment-a-more-detailed-guide#legal-requirements

    If you the deduction has a detrimental effect then AFAIK it can be suspended for up to 3 months. If you think it is too much, you have to go back to the court to request a variation but don't know how successful that might be.
    Thanks, that even confirms an admin charge is allowed... I’m not disputing how long it takes to pay even when it was a DWP mistake in the first place to pay an advance followed by the month’s benefits just days later. 
    If I could phone physically between 10 and 4 Mon to Fri I already would have. I’ll be able to do that in around 10 days time.
  • elsien
    elsien Posts: 35,999 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TELLIT01 said:
    If you pay the debt in full there will be no need of any Attachment of Earnings and nothing to attach to.  I would have thought that was pretty obvious.
    So if I were to go by this the DWP then write more letters to my Employer confirming I have paid and end of action? An alleged third party (ie Accountants) also get to know of this when my boss in all his forgetfulness fails to pass on the info. And I become the disobeying ‘what has been said employee’🙈 this is what is scaring me.
    It's not about disobeying your employer because it's not their decision to make.
    You decide what is financially best for you then either pay it in one go, or go with the attachment of earnungs. It doesn't mean you are tied in to that employer - if you leave, they inform DWP. It really is that simple.    
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • John_
    John_ Posts: 925 Forumite
    500 Posts Name Dropper
    Hi,
    I've become alerted that DWP intend to do attachment of earnings.
    They finally wrote middle of this month demanding payment I didn't have it in full to give immediately at the time of demand and being stupid just didn't appreciate they would go for Attachment of Earnings in literally day's. 
    My question is if I were to pay outright with payday now approaching for me, can the Attachment of Earnings immediately stop? (I've asked my Employer but yet to receive any response)
    It is difficult to call out whilst at work on their specified opening times so thought I'd ask here. 
    What has changed since you were advising others to actively have an attachment of earnings applied? It seems that you are again giving advice that you know is not correct.

    You need to get on top of your issues, and not just hope that they will go away; they rarely do.

    As above, pay the debt and no AoA is then needed.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 30 August 2020 at 11:03AM
    John_ said:
    Hi,
    I've become alerted that DWP intend to do attachment of earnings.
    They finally wrote middle of this month demanding payment I didn't have it in full to give immediately at the time of demand and being stupid just didn't appreciate they would go for Attachment of Earnings in literally day's. 
    My question is if I were to pay outright with payday now approaching for me, can the Attachment of Earnings immediately stop? (I've asked my Employer but yet to receive any response)
    It is difficult to call out whilst at work on their specified opening times so thought I'd ask here. 
    What has changed since you were advising others to actively have an attachment of earnings applied? It seems that you are again giving advice that you know is not correct.

    You need to get on top of your issues, and not just hope that they will go away; they rarely do.

    As above, pay the debt and no AoA is then needed.
    Please do not comment on something you do not know anything about. I actively tried to pay the DWP for around 6 weeks after the incident, receiving out of hours calls then when it suited them and strange responses to journal messages, however they refused to take my payment then with Covid19.
    I have actually been proactive in talking to my Director before they needed to speak with me - they were going to Chuck the letter and so I remain very pleased I didn’t keep my mouth shut and have apologised to the business for bringing a personal matter to work. Dealing with the situation enough for you or would you like to twist that too.
    I truly regret again ever posting here. I simply wondered if anyone had been in the situation of paying and then having the assurance that the action was stopped and having a maths disability would have welcomed some help with how much repayments would be instead of being patronised but clearly all this forum deals with is option and dragging unrelated threads and posts into it.
    Either way it will be sorted whether I allow my company to make a dogs dinner of it as a reminder I will never trust a job centre again in future. 
    Get your kicks elsewhere.
  • John_
    John_ Posts: 925 Forumite
    500 Posts Name Dropper
    John_ said:
    Hi,
    I've become alerted that DWP intend to do attachment of earnings.
    They finally wrote middle of this month demanding payment I didn't have it in full to give immediately at the time of demand and being stupid just didn't appreciate they would go for Attachment of Earnings in literally day's. 
    My question is if I were to pay outright with payday now approaching for me, can the Attachment of Earnings immediately stop? (I've asked my Employer but yet to receive any response)
    It is difficult to call out whilst at work on their specified opening times so thought I'd ask here. 
    What has changed since you were advising others to actively have an attachment of earnings applied? It seems that you are again giving advice that you know is not correct.

    You need to get on top of your issues, and not just hope that they will go away; they rarely do.

    As above, pay the debt and no AoA is then needed.
    Please do not comment on something you do not know anything about. I actively tried to pay the DWP for around 6 weeks after the incident, receiving out of hours calls then when it suited them and strange responses to journal messages, however they refused to take my payment then with Covid19.
    I have actually been proactive in talking to my Director before they needed to speak with me - they were going to Chuck the letter and so I remain very pleased I didn’t keep my mouth shut and have apologised to the business for bringing a personal matter to work. Dealing with the situation enough for you or would you like to twist that too.
    I truly regret again ever posting here. I simply wondered if anyone had been in the situation of paying and then having the assurance that the action was stopped and having a maths disability would have welcomed some help with how much repayments would be instead of being patronised but clearly all this forum deals with is option and dragging unrelated threads and posts into it.
    Either way it will be sorted whether I allow my company to make a dogs dinner of it as a reminder I will never trust a job centre again in future. 
    Get your kicks elsewhere.
    You’re not really making much sense here, and are definitely not responding to the points which I made.
    You were advising others to actively seek an attachment of earnings, but are now saying that you don’t want one yourself, which seems inconsistent.
    If you want to pay, just call up and pay, but why have you delayed for so long that you have an attachment of earnings, and why not now just let it run?
  • John_ said:
    John_ said:
    Hi,
    I've become alerted that DWP intend to do attachment of earnings.
    They finally wrote middle of this month demanding payment I didn't have it in full to give immediately at the time of demand and being stupid just didn't appreciate they would go for Attachment of Earnings in literally day's. 
    My question is if I were to pay outright with payday now approaching for me, can the Attachment of Earnings immediately stop? (I've asked my Employer but yet to receive any response)
    It is difficult to call out whilst at work on their specified opening times so thought I'd ask here. 
    What has changed since you were advising others to actively have an attachment of earnings applied? It seems that you are again giving advice that you know is not correct.

    You need to get on top of your issues, and not just hope that they will go away; they rarely do.

    As above, pay the debt and no AoA is then needed.
    Please do not comment on something you do not know anything about. I actively tried to pay the DWP for around 6 weeks after the incident, receiving out of hours calls then when it suited them and strange responses to journal messages, however they refused to take my payment then with Covid19.
    I have actually been proactive in talking to my Director before they needed to speak with me - they were going to Chuck the letter and so I remain very pleased I didn’t keep my mouth shut and have apologised to the business for bringing a personal matter to work. Dealing with the situation enough for you or would you like to twist that too.
    I truly regret again ever posting here. I simply wondered if anyone had been in the situation of paying and then having the assurance that the action was stopped and having a maths disability would have welcomed some help with how much repayments would be instead of being patronised but clearly all this forum deals with is option and dragging unrelated threads and posts into it.
    Either way it will be sorted whether I allow my company to make a dogs dinner of it as a reminder I will never trust a job centre again in future. 
    Get your kicks elsewhere.
    You’re not really making much sense here, and are definitely not responding to the points which I made.
    You were advising others to actively seek an attachment of earnings, but are now saying that you don’t want one yourself, which seems inconsistent.
    If you want to pay, just call up and pay, but why have you delayed for so long that you have an attachment of earnings, and why not now just let it run?
    John_ said:
    John_ said:
    Hi,
    I've become alerted that DWP intend to do attachment of earnings.
    They finally wrote middle of this month demanding payment I didn't have it in full to give immediately at the time of demand and being stupid just didn't appreciate they would go for Attachment of Earnings in literally day's. 
    My question is if I were to pay outright with payday now approaching for me, can the Attachment of Earnings immediately stop? (I've asked my Employer but yet to receive any response)
    It is difficult to call out whilst at work on their specified opening times so thought I'd ask here. 
    What has changed since you were advising others to actively have an attachment of earnings applied? It seems that you are again giving advice that you know is not correct.

    You need to get on top of your issues, and not just hope that they will go away; they rarely do.

    As above, pay the debt and no AoA is then needed.
    Please do not comment on something you do not know anything about. I actively tried to pay the DWP for around 6 weeks after the incident, receiving out of hours calls then when it suited them and strange responses to journal messages, however they refused to take my payment then with Covid19.
    I have actually been proactive in talking to my Director before they needed to speak with me - they were going to Chuck the letter and so I remain very pleased I didn’t keep my mouth shut and have apologised to the business for bringing a personal matter to work. Dealing with the situation enough for you or would you like to twist that too.
    I truly regret again ever posting here. I simply wondered if anyone had been in the situation of paying and then having the assurance that the action was stopped and having a maths disability would have welcomed some help with how much repayments would be instead of being patronised but clearly all this forum deals with is option and dragging unrelated threads and posts into it.
    Either way it will be sorted whether I allow my company to make a dogs dinner of it as a reminder I will never trust a job centre again in future. 
    Get your kicks elsewhere.
    You’re not really making much sense here, and are definitely not responding to the points which I made.
    You were advising others to actively seek an attachment of earnings, but are now saying that you don’t want one yourself, which seems inconsistent.
    If you want to pay, just call up and pay, but why have you delayed for so long that you have an attachment of earnings, and why not now just let it run?
    Lol. Once again take your kicks elsewhere. You don‚Äôt understand me and I don‚Äôt understand you. 
    We’re sorted. Wahey.
    I have now kind of worked out from the percent what will need to be paid in the next 3 months and will allow my Employer who during Covid19 grew to over 10 employees which is why AoE is happening to learn about the process. I will remind again for the third time I‚Äôm happy to pay but this is difficult as DWP took this decision out of my hands when they took the action they did after the very first letter arrived from them mid August.  I must have imagined that the Debt Collection was closed for 3 months, still remain on a scale back and that current claimants had the amount of UC raised and less expectation to find work in the pandemic so it works out fair.
    I regret being so upset on 27th August. I now realise this matter is pretty petty as I could be 6ft under and my Employer has said Apology not needed (and there the only people who matter) and I can only presume offered to continue as if I was on UC I would not have paid back in one full payment. Once again ‘I have not ignored letters of weeks and months’ in case you were in a society that has not gone through and continues to experience the greatest pandemic.

  • Regret to drag this thread up, it is kind of difficult to ask in work what is happening as much as I'll try for the right moment. I just don't get it.
    I've became aware through the total received in my pay this month, that my employer will not have forwarded any funds for Oct to the debt management department.
    I tried calling them earlier but lost my bottle as I'm really concerned they are going to say they have never received any money and or have cause to apply the £1000 fine by me making them aware so have paid the month's money from my own bank account.  Part of me hopes my employer will forgot permanently so I can carry on but I'm now pretty scared of the ramifications.
    Questions -
    Will Debt Management write to me if they never received any funds for Sept? the only letter of recent I had from them was them agreeing a plan of 31.75 but last month my employer sent a wrong figure in the end anyway.
    When I've spoken to Debt Management before they said the fine just gets applied to the employer - though at what point?
    Won't I be able to stop that if they've now got a payment at least, worst case.



  • elsien
    elsien Posts: 35,999 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 November 2020 at 7:43PM
    Would it not be easier as a starting point to ask your employer why the October payment didn't go out, if they've previously made payments which they seem to have done from what you've posted?
    If the amounts paid are showing on your payslip then there isn't going to be any comeback on you if they debt management says they haven't received anything.
    Checking what your employer is/isn't doing and why would seem to be the first step before making any calls so you know exactly where you stand. 

    ETA - the guidance says the employer could be fined if theyfail to comply with the order unless they can prove all reasonable steps were taken to comply. Given the situation we are in at the moment, I wouldn't imagine that this would be at the top of anyone's list, and isn't going to be a quick process. So  if you can prompt your employer to make the payments that should be problem solved. 


    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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