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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 6544
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I went to prison fraud back in 2011 September, the council,

Customer Question

I went to prison for benefit fraud back in 2011 September, the council, has put a charge on my property and now they are taking the money from my wage of �1611.31 net of �242.00 per month, which has now left me short of money to pay other bills, ie this is now going to effect my Mortgage. They requested I send a expenditure form to which I have and given them everything in order to come to some agreement other than a DEA, I have made numerous phone calls and sent emails and they have still not replied to me. I may have no option but to leave my place of work, I cannot afford to pay so much money at once, I will end up homeless at this rate. I am not refusing to pay but this amount is far to much.
Submitted: 10 months ago.
Category: UK Law
Expert:  Michael Holly replied 10 months ago.

The order that allows them to take money from your wages is presumably an Attachment of Earnings Order made in a County Court.

If so, you can apply to the County Court to vary the order . Write to the council setting out your proposed payment along with details of your income and expenditure with any documentary evidence you have to show your outgoings. Invite them to agree your proposal within , say, 14 days or you will apply to court without further contact with them to have the Attachment of Earnings order varied and seek the legal costs , such as any application fee you might have to pay, from the council as they failed to agree your reasonable proposal .

If they agree write to the court with their letter of agreement and see what happens next the court may simply amend the existing order or might ask for a fee to do so. If you do not get a response from the council write a letter to the court setting out what you want to do and why saying that you wish to apply to change the repayments to the level you propose. The court might accept your letter as an application or ask you to file one in which case the CAB can assist you with how to complete it.

I hope this helps. If there are any further points please response and I will be happy to reply.

Best wishes

Michael