Why the hysteria about Attachment of Earnings?

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Schedule 12
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Why the hysteria about Attachment of Earnings?

Post by Schedule 12 » 29 Mar 2014 08:21

I had a client who successfully fought off council tax bailiffs with a NORIROA and the council applied an AOE.

I see that a win win for everybody concerned - except of course the bailiff companies.

The debt is paid
No fees
The debtors income is protected by the governments poverty threshold
Everyone is happy.


It's only bailiffs that are pissed off. http://www.consumeractiongroup.co.uk/fo ... a4c698cec6

Tough shit, nobody forced bailiffs to be bailiffs.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Amy
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Re: Why the hysteria about Attachment of Earnings?

Post by Amy » 29 Mar 2014 21:12

I think the fundamental issue TT is missing here and one that for whatever reason she cannot comprehend, is that council tax needs to be paid.

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Re: Why the hysteria about Attachment of Earnings?

Post by Schedule 12 » 30 Mar 2014 11:00

That is universally accepted but I don't understand what is do wrong about an AOE.

If I were in a low income struggling household, would be much happier with AOE than bailiffs. No fees and nobody pestering you in the neighbourhood.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Hithard
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Re: Why the hysteria about Attachment of Earnings?

Post by Hithard » 30 Mar 2014 13:23

It would make more sense for an AOE before bailiff action is instigated wouldn't it?
But I suppose the council wouldn't then be able to add on the ridiculous amount for obtaining an LO and the back handers and hospitality from the Bailiffs companies then.
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Mark1960
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Re: Why the hysteria about Attachment of Earnings?

Post by Mark1960 » 30 Mar 2014 13:53

The reason for bailiff action is usually because the debtor has not responded to any of the councils previous correspondence.

Within this correspondence, a council will ask for employment details etc. If the debtor doesn't respond, a council cannot apply an AOE & bailiff action is the only option.

I fully agree with post #1

An AOE is far more preferable to bailiff visits, especially when the debtor is a single woman on her own (which is quite regular) It is also cheaper.

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Re: Why the hysteria about Attachment of Earnings?

Post by Mark1960 » 30 Mar 2014 14:41

Another point that I would like to add regarding this subject.

Advice to debtors to simply not let bailiffs in & hide cars was regularly given out elsewhere. The argument behind this was that "it will only cost you £42.50" (council tax)

It is partly thanks to this advice that future debtors are now going to be paying over £300 for a single visit. The MOJ have clearly read the message boards & done their best to thwart all the answers that people have had to civil enforcement. Reading people regularly stating that "it only costs £42.50" has obviously contributed to decision making regarding the new fees.

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Re: Why the hysteria about Attachment of Earnings?

Post by Schedule 12 » 30 Mar 2014 19:43

I think we need to update DWB advice for debtors to go down the AOE route in view of Mark1960s input.

I Appreciate some internet pundits on bailiffs say engage with the council or the court but hindsight is wonderful if it were reality.

Debtors only come here and DWB after they have received bailiff action and giving this advice to engage the council is pointless.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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