Attachment of earnings/benefits and charging orders

Liability Orders and enforcement agents

If you have failed to pay your Council Tax in accordance with the demand notice then we will make complaint to the Magistrates Court. Once the court is satisfied that the debt is owed they will grant a Liability Order and you will incur a further £20.00 in costs.

This Liability Order will compel you to make immediate payment of the total sum due. We can take further recovery action to collect the debt.

Once the court grant the Liability Order, we will write to you in writing.

If you're subject to a Liability Order for unpaid Council Tax you are under a legal obligation to provide the information requested in the 'Request for Further Information' form within 14 days. Penalties can be imposed for failure to supply information or knowingly supplying false information.

If you cannot pay the total sum due immediately you are strongly advised to contact us immediately to discuss your payment intentions.

Below is a list of procedures, we may follow to collect the debt:

  • Instructing Enforcement Agents to remove goods belonging to you to sell at auction to clear the debt;
  • Commence bankruptcy procedures against you;
  • Apply to the County Court to obtain a Charging Order on your property;
  • Issue an Attachment of Earnings/Benefits Order to deduct money direct from your wage/benefits; or
  • Ultimately, we can apply to the Magistrates Court for you to be committed to prison for non-payment.

Enforcement Agents

Once the courts have granted a Liability Order for unpaid Council Tax, we will instruct enforcement agents to take control of your goods. This means that enforcement agents can call at your home to take control of your goods and to remove and, ultimately, sell them at public auction. Any revenue raised from the sale of your property will be used to clear the debt. 

We employ the services of two specialist Enforcement Agencies covering the whole of England & Wales.

If enforcement agents are instructed to collect the debt, then you will incur additional fees:

The fees involved are statutory amounts laid down in legislation and are charged at different stages throughout the process:

 STAGE  COST

Compliance Stage           £75 (per Liability Order

Enforcement Stage         £235 (plus 7.5% of any debt above £1500)

Goods Removal Stage    £110 (plus 7.5% of any debt above £1500)

If you have been sent a letter warning of an impending Enforcement Agent visit, you are advised to contact them immediately to discuss your payment intentions. You must make any payment arrangements with them and, also, make any payments directly to them.

If a liability order has been granted by the Magistrates court, please contact the Recovery team without delay to avoid further charges being added to your outstanding debt. Contact us on 01282 425011.

 

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