The response to the following question has just been posted on the what do they know website
http://ift.tt/1wiCS16
Do your appointed enforcement agencies (bailiffs) have the authority to initiate attachment
of earning procedures on accounts passed to them for enforcement, or do they have to
pass them back to the authority in order for them to take this alternative enforcement
method.
If the EA do have this facility is it true that the amount of the order will include the sum
remaining on the order plus any fees due to them when the AOE is applied (the amount
outstanding)
If the bailiff passes the account back to the authority because the enforcement was
unsuccessful and subsequently the authority issues an attachment of earnings, will the sum
applied to the AOE include the bailiff fees, or will it just be for the amount due on the
original order
The response is
1. The Local Authorities (contracting out of billing, collection and Enforcement Functions
Order) enables Authorities to authorise a contractor to exercise certain functions in
connection with the collection and enforcement of Council Tax. Included among these
functions are those of making an attachment of earnings order with a view to securing
payment of Council Tax and serving it on a person who appears to have a debtor in his
employment.
2. Regulation 37 of the Council Tax Administration and Enforcement regulations 1992 (as
amended) permits the recovery of the balance outstanding under any liability order plus
accrued bailiff charges under schedule 5 and any accrued costs of committal proceedings.
The Enforcement Agents therefore have the statutory powers to recover fees accrued
through an attachment of earnings order
3. If Enforcement Agent fees remain outstanding then the Authority may recover any fees due
under the legislation detailed at point 2.
http://ift.tt/1wiCS16
Do your appointed enforcement agencies (bailiffs) have the authority to initiate attachment
of earning procedures on accounts passed to them for enforcement, or do they have to
pass them back to the authority in order for them to take this alternative enforcement
method.
If the EA do have this facility is it true that the amount of the order will include the sum
remaining on the order plus any fees due to them when the AOE is applied (the amount
outstanding)
If the bailiff passes the account back to the authority because the enforcement was
unsuccessful and subsequently the authority issues an attachment of earnings, will the sum
applied to the AOE include the bailiff fees, or will it just be for the amount due on the
original order
The response is
1. The Local Authorities (contracting out of billing, collection and Enforcement Functions
Order) enables Authorities to authorise a contractor to exercise certain functions in
connection with the collection and enforcement of Council Tax. Included among these
functions are those of making an attachment of earnings order with a view to securing
payment of Council Tax and serving it on a person who appears to have a debtor in his
employment.
2. Regulation 37 of the Council Tax Administration and Enforcement regulations 1992 (as
amended) permits the recovery of the balance outstanding under any liability order plus
accrued bailiff charges under schedule 5 and any accrued costs of committal proceedings.
The Enforcement Agents therefore have the statutory powers to recover fees accrued
through an attachment of earnings order
3. If Enforcement Agent fees remain outstanding then the Authority may recover any fees due
under the legislation detailed at point 2.
EA Action and Attachment of Earnings
0 commentaires:
Enregistrer un commentaire