Reminders, summonses, and legal action
If you miss an instalment, you will receive a reminder. The reminder will ask you to bring the account up to date within 7 days. If you fail to pay, you lose the right to pay by instalment and a summons will be issued to you. A summons attracts costs to your account. A summons asks for the full balance plus the costs. This needs to be settled before the court hearing date stated on the summons.
If you pay the balance and do not pay the costs, legal action will continue.
If you wish to discuss an arrangement before the court date please contact us. This will be considered on the understanding that legal action will continue. We will still attend the hearing to request the Magistrates grant a Liability Order, to secure the debt for the Council.
The Liability Order gives the Council powers to recover the amount you owe by attaching to your earnings or benefits, obtaining a charging order, instructing an Enforcement Agent to collect the amount outstanding, commencing bankruptcy or committal proceedings.
Details of recovery proceedings
Attachment of Earnings Order
- Deducting money directly from your wages is called an Attachment of Earnings Order
- The order is sent to your employer who will take deductions from your wages. You will receive a copy of the order.
- The amount deducted is calculated based on a percentage of your net pay as detailed in the tables below. Your employer can also take an extra £1 for each deduction for their administration costs.
|Net weekly earnings||Weekly deductions||Deduction rate|
|Not exceeding £75.00||Nil||0%|
|Exceeding £75.00 but not exceeding £135.00||£2.25 to £4.05||3%|
|Exceeding £135.00 but not exceeding £185.00||£6.75 to £9.25||5%|
|Exceeding £185 but not exceeding £225||£12.95 to £15.75||7%|
|Exceeding £225 but not exceeding £355||£27.00 to £42.60||12%|
|Exceeding £355 but not exceeding £505||£60.35 to £85.85||17%|
|Exceeding £505||Minimum £85.85||17% in respect of the first £505 and 50% of the remainder|
|Net monthly earnings||Monthly deductions||Deduction rate|
|Not exceeding £75.00||Nil||0%|
|Exceeding £300 but not exceeding £550||£9.00 to £16.50||3%|
|Exceeding £550 but not exceeding £740||£27.50 to £37.00||5%|
|Exceeding £740 but not exceeding £900||£51.80 to £63.00||7%|
|Exceeding £900 but not exceeding £1,420||£108.00 to £170.40||12%|
|Exceeding £1,420 but not exceeding £2,020||£241.40 to £343.40||17%|
|Exceeding £2,020||Minimum £343.40||17% in respect of the first £2,020 and 50% in respect of the remainder|
Please be aware, if you have 2 attachments of earnings orders set up the amounts deducted will be different. This is because your 2nd deduction is a percentage of your net pay after the 1st deduction has been taken.
- You can stop deductions by paying the full outstanding amount and telling us you have done so, so we can instruct your employer to stop deductions.
- Deductions can not be made from statutory maternity pay but can be made from contractual maternity pay.
If you are an employer who has received an order for an employee and require further guidance, Her Majesty's Court Services has produced a guide that covers all the points that an employer may raise regarding any Attachment Order. Please click the following link
If you have any further questions, please contact 01303 853425.
Attachment to Benefits
- We can deduct money directly from your benefits
- Once we have established which benefit you are in receipt of we send the order to the DWP to take deductions directly from your benefits
- The deduction will be for a fixed amount
- You can stop deductions by paying the full outstanding amount and telling us you have done so, so we can instruct the DWP to stop deductions
Enforcement Agents (formerly bailiffs)
- You will be advised shortly after the court hearing that Enforcement Agents may be instructed. If you fail to act the amount will be passed to the Enforcement Agents after 14 days
- Enforcement Agents add costs as soon as they are instructed by us to collect the debt.
There are three stages of business rates enforcement action.
Stage 1 - A fee of £75 for each instruction that is passed by the council to an Enforcement Agent
Stage 2 - A fee of £235 covers all work carried out but a further charge of 7.5% of any debt value over £1,500 will also be applied.
Stage 3 - A fee of £110 plus 7.5% of any debt value over £1,500
The regulations can be read online:
- The Taking Control of Goods Regulations 2013
- The Taking Control of Goods (Fees) Regulations 2014
- Once the debt has been sent to the Enforcement Agents you will need to direct your enquiries regarding settling the debt to them
- The Enforcement Agents will give you the opportunity to pay the outstanding amount and their costs by way of arrangement.
Below are the agents that are authorised to act on behalf of Folkestone & Hythe District Council. Always quote your account number when contacting an Enforcement Agent. Once we have instructed, the Enforcement Agent takes full responsibility for collecting the debt.
Make a payment: 0330 107 0023 (24 hours a day, 7 days a week)
Enquiries: 0330 107 0023
Make a payment: 0330 008 0430 (24 hours a day, 7 days a week)
Enquiries: 0345 601 2692
Payment Line newlynplc.co.uk
Postal Address for
Debtors Newlyn PLC, PO Box 933, Northampton NN1 9DXEdit Description
- A Charging Order can be applied for if you own your own home
- Costs will be incurred if the County Court grant the Order
- An Order for sale application could be made which will incur further costs and could result in you losing your home
- If you owe more than £750 in Council Tax (£5,000 from October 2015) we can apply to make you bankrupt
- You will incur fees, lose possessions of value and potentially your home should you own it
Committal to Prison
- If we have exhausted all avenues of recovery we will consider asking the Magistrates Court for your Committal to Prison
- You can be sent to prison for up to 3 months if the court decides you don't have a good reason to not pay your Council Tax and you refuse to do so. You will incur further cost