DOE FOR COUNCIL TAX

So this is a bit of a complicated one and advice would be welcomed.
Husband had a doe for council tax that the council say finished in March 2022. We were unaware it had finished and husband has had a further 1500 (from march-sept) taken from his wages. These payments have not been passed on to the council. Right now as it stands we don't know where the money is. The council is trying to find out if they have receieved them and are in a black hole some where. But they are categorically saying the doe had finished. Husband works for the NHS and has been trying to get through to payroll for the last 7 days and so far no one has got back to him. So as of yet we haven't got  there side of it to see whats happend. This has put us in massive financial difficulty as they have taken £600 from his sept pay. Were just wonder where we stand, whose fault this is and what we can do??? I know its a bit difficult when we don't know whats happend from works side. 

Thanks.

Comments

  • Where I work we have to receive a stop letter from the company who's owed to cease deductions from wages. If we haven't received it in writing them we can't stop the deductions. Keep trying his payroll and also get the council to resend the stop letter. He should get a refund of all monies overpaid. 
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    If he can't get hold of payroll I would also put the query in writing (I assume he has been trying to phone?)  It may also be worth looking at  whether there is anyone - his manager or union re for example) who might be able to chase them on his behalf.

    I'd also suggest asking the council to send him a copy of the stop letter so he can deliver this direct to payroll as well .
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • CIS
    CIS Posts: 12,260 Forumite
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    Having issued (and dealt with) many thousands of attachment of earnings, this is a very common issue and to be one of the main queries I used to get.

    I hate to say it, but in most cases, the issues were caused by errors in the management of the deduction by the employer - failing to pay monies properly, starting and stopping deductions seemingly at random, failing to stop deductions when told (or where they knew it was zero balance).

    Has he cross-referenced the amount actually taken from his wages against the original deduction balance (this is the first step to take) ?
    Where I work we have to receive a stop letter from the company who's owed to cease deductions from wages. If we haven't received it in writing them we can't stop the deductions.
    For the council tax side an employer would be breaching the attachment order if they are doing that. The order is only for a specific amount and the legal notice only instructs an employer to deduct to that balance, and not more (Regulation 37 of CT A&E regs - "...(b)     shall remain in force until discharged under regulation 41(2) or the whole amount to which it relates has been paid (whether by attachment of earnings or otherwise)..."). The Attachment of Earnings Act 1971, under which most non-council tax deductions are made, is slightly different and technically does require an instruction to cease.


    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.
  • macman
    macman Posts: 53,098 Forumite
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    edited 3 November 2022 at 3:32PM
    If the total over 6/7m was £1500, with £600 in the last month, that means they took £900 over 5/6 months?
    What was the monthly deduction granted on the AoE order then? It should be around £150, so why would this suddenly jump to £600 in September?
    What does your online CT account say that the arrears currently are?
    No free lunch, and no free laptop ;)
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