Tracing employment from National insurance number?

by Readers Question

16:28 PM, 17th November 2015
About 3 years ago

Tracing employment from National insurance number?

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Tracing employment from National insurance number?

I currently have a case with the Sheriffs but the ex-tenant is being evasive and has defaulted on the last 2 payments. NI

Does anyone know if it is possible to trace employment with a National Insurance number and go for attachment to earnings, or is this a backward step once the case has moved up from the county court to high court for enforcement?

Ann



Comments

Robert Mellors

11:11 AM, 18th November 2015
About 3 years ago

Hi Ann

I don't know the answer to this, but I always get the tenant's National Insurance Number as a matter of course during the application/sign up process. When former tenants leave a debt (rent arrears), and the case goes to a debt collection company, I pass on this information to the debt collection company in case it assists them to trace the debtor. The tenant signs an authorisation at the tenancy sign up allowing me to pass on this information in the event of a debt being outstanding at the end of the tenancy. I've not yet found a way of using the NI number to trace a debtor's employment, but I presume such information must be known by the DWP and HMRC.

If the case has gone to the High Court, then I suggest leaving it with the Sheriffs until they come back with "tenant won't let us in" or "tenant has insufficient assets to seize" (or any other reason for why they have been unable to enforce the judgement), then at that point look at getting an attachment of earnings.

Brian Jackson

15:50 PM, 18th November 2015
About 3 years ago

Hi Ann
I would go straight for an Attachment of Earnings Order. Simple cost effective (fee added to the debt) and no hassle. All done on-line Then taken over by the Attachment of Earnings office. The downside is it takes time.
I have done it twice now and has worked well. Wish you luck

15:59 PM, 18th November 2015
About 3 years ago

Thanks for past comments. Only problem is we dont know where he works. Only that on social media it shows he is. I called sheriffs office and told tracing employment through NI number is not something they are able to do. Wonder if data protection is reason for this?

Berkshire Accounting

17:25 PM, 18th November 2015
About 3 years ago

Firs of all,I am sorry to hear about your situation.

Please note that HMRC and DWP dont' have the powers to enforce attachment of earnings even if you contact them over the telephone or writing saying that your tenant has defaulted on rent payments etc.Due to data protection act and of course their own code of coduct and policies will prohibit these organizations to share or disclose any data or information related to any tax payer.

You may need to refer to CCR Order 27 - Attachment of Earnings on http://www.justice.gov.uk

I would strongly recommend to use HM Courts & Tribunal service and file your claim online.

Hope this helps.Please keep us posted about your progress.

Regards

Berkshire Accounting Services
http://www.berksaccounting.co.uk
info@berksaccounting.co.uk

wanda wang

21:06 PM, 18th November 2015
About 3 years ago

Reply to the comment left by "Robert Mellors" at "18/11/2015 - 11:11":

Debt collection company VS High Court enforcement officer, what is difference?

wanda wang

21:12 PM, 18th November 2015
About 3 years ago

Reply to the comment left by "Brian Jackson" at "18/11/2015 - 15:50":

I have a attachment of earnings order in place, but just got update from CAPS, they have sent a Form N449 (failure to make deduction ) to employer, have you experienced this, do you know what will happen next?

thanks
wanda

wanda wang

21:34 PM, 18th November 2015
About 3 years ago

Reply to the comment left by "Ann Large" at "18/11/2015 - 15:59":

Have you asked they how do they trace employment if they don't use NI?

7:59 AM, 19th November 2015
About 3 years ago

From what I have read on the website I think the courts rely on the debtor completing the forms to say where he works and then returning it to them. My ex tenants do not answer their phones or reply to email or voicemails even after enforcement visits have been made so doubt very much they would comply with that. Frustrating.

Robert Mellors

11:35 AM, 19th November 2015
About 3 years ago

Reply to the comment left by "Ann Large" at "19/11/2015 - 07:59":

Hi Ann

I believe that if you know of the debtors whereabouts (i.e. where they are living), then you can apply for an "order for information" (not sure of it's proper name), which is a court order stating that the debtor must attend court and answer lots of questions about his financial means and circumstances (including employment, bank accounts, assets, etc). If the debtor fails to attend, or fails to answer the questions, then this is contempt of court and the debtor can be arrested and imprisoned.

Once you have all the answers from the "order for information", then you will have much better understanding of the possible further enforcement options available to you, e.g. seize assets, seize bank accounts, attachment of earnings, etc. I have a sample copy of the form the court uses, and it is quite thorough. However, I have never used this process so I cannot comment on it's effectiveness in practice.

James Gordon-Johnson

17:01 PM, 12th February 2018
About 9 months ago

To obtain current employer details in the UK this service will work with a name and address for the subject and is no find no fee https://www.findukpeople.com/employer-tracing-service


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