Paying by BACS (only)
Payment of CAPS Attachment of Earnings Orders by BACS
CAPS now have the facility to accept payments on our attachment of earnings orders by BACS (Bank Automated Clearing System). To pay by BACS, we require the employer to transfer payments directly into our bank account. This is done by first completing a BACS Registration Form and returning it to CAPS (either by post or e-mail to ntonbacs@hmcourts-service.gsi.gov.uk). This is done so that we have the employer's bank details and also to notify us that the employer will commence paying by BACS. The employer must then complete a Bank Payment Request Form and forward this to their bank on each occasion that a payment to CAPS is to be made.
IMPORTANT INFORMATION WHEN MAKING PAYMENTS BY BACS
Individual payments (i.e. one amount for one order) - please always quote the following information when sending a payment:
- The correct company name as the remitter's name (field 9)
- The CAPS case number in the remitter's reference (field 10)
Various payments (a number of orders in one transaction) - please always quote the following information when sending these payments:
- Quote 'Various' as the remitter's reference
- Provide a written schedule. Please include the following on the schedule in order for your payments to be allocated promptly:
- Total amount sent
- Payment date
- Breakdown of individual case numbers with defendant names
- How much to allocate to each case
Negative Payments
Please do not quote minus amounts on your schedules as CAPS is unable to process these via BACS. If you wish to have a payment refunded to you, please send this as a separate written request to CAPS.
Other Important Information
Any corresponding schedules must reach CAPS by the date the payment is in our bank. It is important that the remitter's name on the schedule is the same as the name that the payment is remitted under - this is to ensure that we can match up the payment to the schedule.
It is also advised that where possible, only one schedule is used per payment, clearly showing the total amount sent, as misallocations tend to occur when multiple schedules are used for one payment.
BACS payments that are received without schedules will be returned to the employer.
All payment schedules should be sent to CAPS by email only (ntonbacs@hmcourts-service.gsi.gov.uk). The example payment schedule template should be downloaded and used where possible. Alternatively, please contact us by telephone on 0845 4085312 and one of our staff will email a blank schedule template to you. Where an employer would prefer to use their own version of the payment schedule, CAPS asks that this contains the same information as set out in our example schedule above.
Please be aware that any payments that are not allocated to the defendant's case due to unclear details being sent or in the absence of a schedule may constitute formal failure to comply with the terms of the Attachment of Earnings Act 1971.
Payment of Attachment of Earnings Orders by BACS - Frequently Asked Questions
Why can I not just set up a standing order or direct debit to pay the Attachment of Earnings order, instead of sending a payment request to the bank each month?
CAPS cannot accept payments by standing order or direct debit because the amount deducted from your employee's wages can vary, e.g. if the protected earnings rate is not, or only partly, reached. In such instance, the employer should not deduct the full amount, but the standing order/direct debit still goes out for this sum. As a result it can be difficult to recover any overpayment as CAPS account for, and payout, attachment of earnings payments within a very short time period.
Why has my BACS payment been returned to me by HMCS payable order?
CAPS cannot hold onto BACS payments indefinitely and if schedules are not received or paperwork is not clear, payments will be returned. Currently, all payments and fees are returned via HMCS payable order. CAPS urge the employer to cash the payable order and either try to send the money by BACS again or send a cheque with the correct schedule. This is because it will take longer to revoke and reallocate our payable order than to simply resend the payment and information.
I have contacted CAPS, as I have not received a receipt for my BACS payment, and CAPS are unable to find my payment. Is there any further information I can give to aid CAPS in finding my payment?
Whenever contacting CAPS make sure that all of the following details are quoted:
- case number;
- employer name (as stated on bank statement);
- bank account number;
- sort code; and
- amount of payment
This will help to ensure your payment can be located quickly and allocated if it is held in our 'suspense' account.
Can I make payments by CHAPS if I need a payment to be issued quickly?
We recommend that the employer do not use this facility as CHAPS and RFT's do not give CAPS the same amount of information as a normal BACS payment would. This means CHAPS / RFT's are more likely to be returned to the employer or even the bank if the employer can not be determined. Returning CHAPS / RFT's to the bank is also very difficult as a lot of CHAPS / RFT's do not state bank account numbers and sort codes. This also means that due to the lack of information CHAPS/RFT payments are dealt with no faster than BACS payments. It is however possible for CHAPS/RFT payments to be accepted by CAPS. When paying via this method please be aware that it requires a different sort code than when sending via BACS. Please contact CAPS helpdesk on 0845 4085316 or email ntonbacs@hmcourts-service.gsi.gov.uk in order to obtain this information. If you use the BACS sort code for making CHAPS payments it may refused or additional charges applied (which will be passed on via CAPS). Please also ensure you send your payment schedule to CAPS (preferabley via email to ntonbacs@hmcourts-service.gsi.gov.uk) as soon as possible in order for your payment to be allocated promptly.
I have further BACS queries not covered by the above information. What should I do?
Please contact the BACS liaison officer on 0845 4085316 or email (ntonbacs@hmcourts-service.gsi.gov.uk) or post your queries/comments to County Court Bulk Centre, Centralised Attachment of Earnings Payment System (CAPS), PO Box 404, Northampton, NN1 2ZY.