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  • FIRST POST
    • redrose1414
    • By redrose1414 14th May 18, 6:20 PM
    • 436Posts
    • 5,460Thanks
    redrose1414
    Attachment of earnings taken after it was cancelled.
    • #1
    • 14th May 18, 6:20 PM
    Attachment of earnings taken after it was cancelled. 14th May 18 at 6:20 PM
    Hello,
    Please can someone help me.
    I went bankrupt in February so the attachment of earnings order was cancelled (I never actually received notification of it starting, just a letter of intent and then 3 months later a deduction in my wages). My employer acknowledged receiving the cancellation on the 19/02/18 but said it was too late to stop the deduction on the 24/02/18.
    Since then my employer has taken money from my March and April wages but say there is nothing they can do.
    I have demanded they send the money back to me but they refuse.
    Iím beside myself over this as I had to take out a payday loan to cover the shortfall in my wages and no one is listening to me. I never got a say in how much they deducted in the first place which left me unable to cover my essential outgoings since January so Iím just building up debt again.
    Please can someone give me some advice on how to fight this.
    RISEABOVEHATE
    NeverGiveUp
Page 1
    • debt doctor
    • By debt doctor 14th May 18, 7:04 PM
    • 4,334 Posts
    • 6,004 Thanks
    debt doctor
    • #2
    • 14th May 18, 7:04 PM
    • #2
    • 14th May 18, 7:04 PM
    Hi,
    What reason does your employer give to you for continuing to deduct despite receiving the cancellation notice in February?

    I presume the February attachment went to the creditor - the creditor needs to return this to you.

    Has your employer passed the March and April payments to the creditor too? (despite being told to cancel the attachment)

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
    • redrose1414
    • By redrose1414 14th May 18, 8:00 PM
    • 436 Posts
    • 5,460 Thanks
    redrose1414
    • #3
    • 14th May 18, 8:00 PM
    • #3
    • 14th May 18, 8:00 PM
    Hi,
    What reason does your employer give to you for continuing to deduct despite receiving the cancellation notice in February?

    I presume the February attachment went to the creditor - the creditor needs to return this to you.

    Has your employer passed the March and April payments to the creditor too? (despite being told to cancel the attachment)

    DD
    Originally posted by debt doctor
    They havenít given me a reason. They said I need to request the creditor returns it. They have given the March payment to the creditor and Aprilís will be sent in the 20th May.
    The creditor is the council for a council tax debt, they wonít return it.
    RISEABOVEHATE
    NeverGiveUp
    • debt doctor
    • By debt doctor 14th May 18, 9:08 PM
    • 4,334 Posts
    • 6,004 Thanks
    debt doctor
    • #4
    • 14th May 18, 9:08 PM
    • #4
    • 14th May 18, 9:08 PM
    Two actions you could take;

    Against the employer - Inform them that unless they stop immediately, you will take them to an Employment Tribunal for an 'Unlawful Deduction of Wages' under the Employment Rights Act 1996. This is free and a statutory right. BEWARE, what might your employer do in reaction to this (although dismissal would be automatically unfair at a tribunal)

    Against the council. Make a formal complaint that unless they stop the attachment and return the 3 months money you will take your complaint to the Local Government Ombudsman.

    You could also ask the OR to contact your employer and/ or the council.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
    • CIS
    • By CIS 15th May 18, 8:19 AM
    • 10,709 Posts
    • 6,201 Thanks
    CIS
    • #5
    • 15th May 18, 8:19 AM
    • #5
    • 15th May 18, 8:19 AM
    Attachment of Earnings have always been a nightmare - in most cases the problems lay with an employer taking deductions after being instructed or taking the wrong amounts even after being told how to calculate the attachment.

    The first problem may well not be with the council in the first instance, if they've instructed the employer to stop there's not a lot more the council can do other than to keep instructing them to stop. It's frustrating all around when you're telling an employer to cease an attachment and they still continue to take monies (I've lost count of the number of times I've been stuck in the middle of that argument).

    The second issue is the council's - if they know the payments are wrong then they should be sorting out to return the monies. As above a complaint followed by the LGO is the route I would also suggest.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal. My views are my own reading of the law and you should always check with the local authority in question.
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