Council Tax attachment of earnings removal letter
You need to write to your employer's payroll department advising that if they take anything from your wages without seeing a valid Liability Order, signed by a Magistrate, they are stealing from you and you will take legal action to recover any losses.
As Liability Orders do not exist, that is what they are doing. Copy in the head of HR/Personnel and the MD/Chief Executive of your employer
Adjust it to suit you and if no further action taken by your employer take them to court
However once you receive notification that they are going to unlawfully take money out of your wages, send the below letter to your EMPLOYER !!
County [POSTCODE]
Date
Your name
Payroll Number
Notice of Unlawful Deduction from Wages
Dear Sir or Madam,
Thank you for providing me with the Council information, it should be obvious that you have not been supplied with any valid, lawful and legal court issued documentation to support an Attachment of Earnings.
According to the Employment Rights Act 1996 Section 13 (The right not to suffer unauthorised deductions) sub section (1) an employer shall not make a deduction from wages of a worker employed by him unless:
(a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or
(b) the worker has previously signified in writing his agreement or consent to the making of the deduction.
As previously stated, I do not give my agreement or consent to the making of the deduction.
According to the Attachment of Earnings Act 1971, only courts can issue such orders, not private limited companies, even if they purport to be a local authority. There is no statutory provision for a Local Council to order deductions from earnings, the only way for such a company to legally or lawfully order you to make deductions is to first obtain a Liability Order from a court, followed by a court issued Attachment of Earnings Order.
Applying a deduction from earnings without a valid court issued Liability Order pursuant to the Attachment of Earnings Act 1971 would constitute an unlawful deduction from wages and a breach of the Employment Rights Act 1996.
I strongly advise you to seek proper verification of this so-called order before implementing these deductions and to this end I enclose a Notice of Power of Attorney granting you authorisation to request, review and verify the Liability Order or any other information relating to this alleged Attachment of Earnings Order.
Your signature
Sincerely without malice, ill will, vexation or frivolity"
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Council Tax attachment of earnings removal letter