The council has issued an attachment of earnings order because you have not paid your council tax by the date shown on your bill and the Magistrates Court have granted a liability order against you.
Enforcement
If a Liability Order is granted by the Magistrates, the Council has the right to decide the next stage of enforcement. If an acceptable arrangement has been made, the Council may not take any further action. But if no contact is made or an arrangement has failed, the law allows for different types of action as follows:
Attachment of benefit
We can instruct the Department for Work and Pensions to make deductions from the following benefits:
- Universal Credit (UC)
- Jobseeker's Allowance (JSA)
- Income Support (IS)
- Employment Support Allowance (ESA)
- Pension Credit Guaranteed Credit (PCGC)
The attachment of benefit can only happen if the person whose name appears on the Council Tax bill is in receipt of one of the above benefits and a liability order is obtained from the court.
The Department for Work and Pensions will pay the deduction to us on a monthly basis until the debt is cleared. Notification of the payment to be deducted will be confirmed by the Department for Work and Pensions.
Only one Attachment of Benefit can be taken at a time. If you already have an Attachment of Benefit in place and another balance becomes due, we cannot take a second attachment. Instead, you will need to set up a separate payment plan for the additional amount.
If you are unable to afford deductions that are being taken you will be required to submit an online Income & Expenditure form, which is provided on the Apply4Online portal via the Milton Keynes City Council website.
If you have any queries concerns your Council Tax Reduction award please speak with the Benefit Department direct www.milton-keynes.gov.uk/benefits/information-claiming-council-tax-reduction
Attachment of earnings
It is a legal document that is sent to your employer which requires them to take money from your wage to pay your outstanding council tax bill. Your employer can also take an extra £1 for each deduction for their administration costs.
We can send a maximum of 2 orders at any one time, and you will be issued with a copy of each order.
We ask your employer to start making deductions as soon as possible. You will need to ask them when this will be if you are unsure.
The amount of the deductions are not set by the Council but by the Government that provides a table of percentage deductions from your net income. Council Tax Deduction Table.
The amount deducted is calculated based on a percentage of your net pay as detailed in the tables below.
Weekly earnings
| Net weekly earnings | Deduction rate |
| Not Exceeding £75 | 0% |
| Exceeding £75 but not exceeding £135 | 3% |
| Exceeding £75 but not exceeding £135 | 5% |
| Exceeding £185 but not exceeding £225 | 7% |
| Exceeding £225 but not exceeding £355 | 12% |
| Exceeding £355 but not exceeding £505 | 17% |
| Exceeding £505 | 17% in respect of the first £505 and 50% in respect of the remainder |
Monthly earnings
| Net monthly earnings | Deduction rate |
| Not Exceeding £300 | 0% |
| Exceeding £300 but not exceeding £550 | 3% |
| Exceeding £550 but not exceeding £740 | 5% |
| Exceeding £740 but not exceeding £900 | 7% |
| Exceeding £900 but not exceeding £1420 | 12% |
| Exceeding £1420 but not exceeding £2020 | 17% |
| Exceeding £2020 | 17% in respect of the first £505 and 50 |
No. An attachment of earnings order is a legal document. Your employer must make deductions, or they could be prosecuted.
The Council can send your employer a maximum of two Attachments of Earnings Orders if you owe more than one Council Tax debt. The second Attachment of Earnings Order may be deducted at a lower rate than the first.
No. Once an order has been sent it will not be stopped unless you pay the outstanding amount in full or the deductions, we receive are insufficient. We will not arrange alternative payment with you at this stage.
If you pay the amount in full you must contact us so that we can arrange for the order to be stopped.
Contact us. You must contact us if you are suffering severe financial hardship due to the attachment. You need to provide an offer of payment with evidence of your financial situation. The following evidence will enable us to consider an alternative payment arrangement, you will be required to provide, proof of your household income and expenditure and your last 3 months bank statements
These can be submitted through our online Income & Expenditure form, which is provided on the Apply4Online portal.
If you change jobs, you must tell us of your new employment details.
If you are no longer working, you must contact us to discuss your situation. You may be entitled to some benefit to help you pay your bill. You will also be able to discuss payment of the outstanding amount and stop any further recovery action.
If you think the amount on the order is wrong, or that the order should not have been sent, you should contact the council immediately
If you require further information regarding the attachment order please use the guide available Attachment of Earning Guidance Notes
Yes. The deduction is worked out using your net earnings and will take into account any reduction or increase in pay.
No.
No, but your employer can make deductions from contractual maternity pay.
Enforcement agents
Enforcement Agents are appointed to recover outstanding Council Tax debts by seizing and, where appropriate, removing goods for sale. If the Council instructs Enforcement Agents to act, this will result in considerable additional charges for the debtor. It is therefore advisable to contact the Enforcement Agents as soon as possible to help reduce these potential costs.
If you have received a letter, visit, or telephone call from one of the enforcement agencies we deal with, you must contact them straight away, to pay what you owe. They may be able to make an arrangement with you to spread the payment of your outstanding balance over a longer period of time.
If your Council Tax account has been passed to an Enforcement Agent, you must contact them directly. Once a liability order has been issued and the case is passed to enforcement, the Council can no longer intervene or recall the case unless:
- The debt has been sent in error, or
- You are able to pay the full balance (including enforcement fees) immediately.
Enforcement Agents are legally instructed to collect the outstanding debt on our behalf.
If you do not communicate with them, additional fees may be added, and they may take further action to recover the balance.
If you believe the enforcement action is incorrect, please contact us with evidence so we can review the case.
All Enforcement Agents have a dedicated Welfare Team and will be able to take account of your individual circumstances.
If the Enforcement Agent cannot collect the Council Tax, the debt will be returned to us to consider other recovery options. These may include bankruptcy, committal to prison or a charging order against your property.
Enforcement agents in England and Wales are legally authorised under the Tribunals, Courts and Enforcement Act 2007 (Schedule 12) and the Taking Control of Goods Regulations 2013 to seize and sell goods to settle outstanding debts.
- Compliance Stage – £79: This fee is charged to the debtor when the Council instructs Enforcement Agents to collect an unpaid debt.
- Enforcement Stage – £247: This fee is incurred upon the first visit from the Enforcement Agent.
-
Sale/Disposal Stage – £116: This fee is charged if the Enforcement Agent makes a subsequent visit with the intention of removing goods for sale.
Please note, an additional fee of 7.5% will be applied to any balance over £1,900.
Marston Contact Details
| Website | Home - Marston Holdings |
| Online Payment | Visit https://payments.marstonholdings.co.uk |
| Automated Line | 24-hour line: 0333 320 1100 |
| Phone Contact | Call 0333 320 1822, Mon-Fri 8am-8pm, Sat 8am-4pm |
| Send enquiries to generalenquiries@marstonholdings.co.uk | |
| Post | PO Box 12019, Epping, CM16 9EB |
For postal payments, send a postal order, cheque or banker’s draft made payable to ‘Marston’ to the address above. Ensure your name and the reference number are written on all correspondence and, if sending payment, on the reverse of the postal order, cheque, or banker’s draft to clarify what the payment is for.
Bristow & Sutor Contact Details
| Website | www.bristowsutor.co.uk |
| Online Payment | Visit www.bristowsutor.co.uk/pay |
| Automated Payment Line | 24-hour line: 0330 390 2010 |
| Via the Website | Visit https://www.bristowsutor.co.uk/ for more details |
| Contact by Phone | 0330 390 2010 Mon–Fri: 8am–8pm Weekends: 8am–1pm |
| Contact by Post | Bristow & Sutor Bartleet Road, Redditch, Worcestershire, B98 0FL |
Charging order
If a Liability Order has been granted and the total indebtedness to the Council has over £1,000 outstanding under Liability Order(s) and the Council Taxpayer has a legal interest in the property, we may apply to the County Court for a charging order on the property.
The effect of a charging order is that if the property or other legal interest is sold, the amount of the charging order is paid out of the proceeds.
If you have been told that a charging order is being applied for on your property, or you have questions about an existing charging order, please contact Wilkin Chapman Rollits through their website: https://www.wilkinchapmanrollits.co.uk
Bankruptcy
If a Liability Order has been granted and the total indebtedness to the Council is over £1,500 the Council can petition for your bankruptcy.
Should you be made bankrupt your personal finances will be handed over to a Trustee who will administer your estate.
Your assets can include any interest in any home you own, personal pension, endowments and savings plans.
It will inhibit your ability to obtain credit. The costs of obtaining a Bankruptcy Order and the subsequent actions of a Trustee can amount to several thousands of pounds.
These costs would be deducted from the proceeds of your liquidated assets.
A Bankruptcy Order can still be made even if you refuse to acknowledge the proceedings. You should therefore ensure that you do acknowledge any such proceedings and contact the Council immediately.
All enquiries should be directed through Wilkin Chapman Rollits' website: https://www.wilkinchapmanrollits.co.uk
Debt advice
If you are having difficulty paying your Council Tax at any time, please contact us for advice as soon as possible at recovery@milton-keynes.gov.uk
or by telephoning 01908 253794 or 01908 254060.
- Further advice and details of support that is available can be found on our Struggling to Pay page
Council summons and enforcement contact information
- 01908 254060 - 9am to 5pm Monday, Thursday and Friday and 10am to 5pm on Wednesday.
Revenues Service, PO Box 5327, Civic Offices, 1 Saxon Gate East, Milton Keynes MK9 3EJ