Council Tax: Attachment of Earnings Order

We should always decline to fill out the form the council send out after the liability order notice asking for your financial circumstances…

The Adult Court Bench Book (June 2020) states on page 78…

“These are adversarial proceedings between the council and the debtor, so the council must show a ‘prima facie’ case before the court conducts a means enquiry.”…

So the onus is on the council to prove that the debt is owed, and then it is up to the court to make enquiries about your income and expenditure etc…

So you don’t have to complete the form the Council sends you after their fake court case, despite the warning they print on it that not completing the form is a criminal offence – and so that warning in itself is illegal, quite apart from any other consideration…

However, they may get your employer’s details from HMRC and go to them directly. This is, of course, a breach of the Data Protection Act 2018…

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https://awakenedgb.wordpress.com/2023/11/16/council-tax-attachment-of-earnings-order

10 comments

Thank you for this information, I have a tribunal claim against my employer for unlawful deduction of wages in February 2024
Does this work similar for an attachment to benefits, or is there a different process?
Dave Sharp
Any and all correspondence should be ignored. Attachment of earnings won't be made if you don't give them the consent, and information required. Similarly with the next stage, freezing of the bank account; without the information and consent, they have no power
There is a MOU between DWP, HMRC and Local Authorities to share data.
Andy 🏴󠁧󠁢󠁥󠁮󠁧󠁿
Sam
Does this work similar for an attachment to benefits, or is there a different process?
A few people I know wonder this to , would be good to find out
Dave Sharp
Attachment of benefits is unlawful, as it is an amount deemed by the state to be the minimum amount to live off. Same applies for banks who try and take bank charges from the account of a benefit recipient.
Can i get some assistance please?
I've just noticed this group after having been in it for a month lol.
Can someone please advise me is this an Aus or USA channel and who is running it? I am completely stumped.
I have AOE coming this week , spoken to my employer and they will inform me first about any attachments . I will then be providing them this information, see whats happens next