Help! Attachment of earnings order

Flick85

LadyLottie said:

Well I doubt he will have applied for exemption - I thought the landlord/owner did that? However, as far as I know, none of his former housemates have had this situation, so we’ll have to wait to see who requested the order. If it was council tax then it will be Liverpool City Council as that was where he was at uni.

I suspect that’s the issue then. It’s not an automatic exemption, and unless he was living in a registered HMO then it’s the residents (ie the students) who need to apply for it if they’re in private accommodation. I’d advise talking with the Student Union who may be able to help, as I’m sure they’ve dealt with these sorts of things before.

CIS

felicityBD15 said:

LadyLottie said:

Well I doubt he will have applied for exemption - I thought the landlord/owner did that? However, as far as I know, none of his former housemates have had this situation, so we’ll have to wait to see who requested the order. If it was council tax then it will be Liverpool City Council as that was where he was at uni.

I suspect that’s the issue then. It’s not an automatic exemption, and unless he was living in a registered HMO then it’s the residents (ie the students) who need to apply for it if they’re in private accommodation. I’d advise talking with the Student Union who may be able to help, as I’m sure they’ve dealt with these sorts of things before.

Just as a clarification.

The fact that it's a HMO has no relevance to liability and who needs to apply for a disregard/exemption - what matters, in this respect, is whether or not it is a council tax HMO. The definition of a HMO for licencing and for council tax differ in their definition and effect.

bellaboo86

It’s been a while since I was a student but when I was, the onus was on me to prove that I was a student rather than just expecting the council to know. I’m sure that when I did my teaching qualification after my BA, I had to get a letter from my uni to show the council. 

LadyLottie

Hi everyone - we finally have an update. Payroll sent through the notification with a phone number. Turns out that it’s an unpaid rail fare fine dating back a couple of years. Paperwork had gone to the wrong address and so that means the escalating cost of the fine can be challenged. The amount taken from his salary is the total amount payable, so at least it won’t continue. Thanks for your input!

CIS

LadyLottie said:

Hi everyone - we finally have an update. Payroll sent through the notification with a phone number. Turns out that it’s an unpaid rail fare fine dating back a couple of years. Paperwork had gone to the wrong address and so that means the escalating cost of the fine can be challenged. The amount taken from his salary is the total amount payable, so at least it won’t continue. Thanks for your input!

So, did they pursue it as a CCJ or via criminal prosecution ?

LadyLottie

Still haven’t seen a letter but there is no CCJ showing on his credit report. 

CIS

LadyLottie said:

Still haven’t seen a letter but there is no CCJ showing on his credit report. 

It makes the big difference in how to dispute it - magistrates would need a statutory declaration and a county court judgment would need a N244 and a £255 fee. A CCJ will often take a little while to show on a credit report (and a magistrates' court order wouldn't).

fatbelly

Railway fines seem to go down the magistrates court route.

As it's all paid off now he can put this behind him and move on