csa liabilty order marston baliffs

[indiechic77]

hello,not sure where to start....my partner owes the csa #147774 back pay even tho he and his ex had a agreement that she wouldnt go to the csa,he paid her and kept bank reicepts,he had to leave his last job which paid more then we get now,we are now classed as on low income wage so he doesnt have to pay her now but they took it to court and got a liabilty order and we reiceved the marston baliff letter saying a distress levy?he phoned them up and was told not being passed to baliff til next wednesday,all the court did was take off the amount he had paid her and worked out that he still owes the money,he has phoned the csa and told them we cant afford to pay not that we dont want to just no spare money at all,he asked them to put a charge on the house (it gets sold 60/40)that she has until the youngest leaves education hes 12 now but was told no they want the money now,we have no way of paying and i am so scared about them coming round as i have 3 small children who like to play in the garden i dont want to let themm out as i know they can come in if the door is open.what do we do???if he goes to prison then i lose the house we rent with a bit of help form the council,i couldnt affordit on my own and i dont want to be on my own i wouldnt cope,whats the next step??also how do i prove what is mine in the house as most of the furntiure came from freecycle we dont have flash teles,or computer consoles ect we can just manage to feed and clothe our selves theres no treats ect,and his ex wife is lording it up in the house witjh a new boyfriend who she is engaged to she has stopped the 2 boys from seeing their dad hes lucky to see the youngest once every 6-7 weeks even tho he was given resonable acess,any help or advice be greatly appriciated

thanks for reading

[IdaInFife]

bump

[indiechic77]

what does that mean??do a runner lol

[hallowitch]

no lol it means its the csa

don't think we get many post about bailiffs and c s a on here

 

i think there are web sites i vaguely remember my daughter talking about a web site that she was on regarding the c s a i will ask her when i see her later today

[andie_303]

A liability order from the CSA means they can apply for a warrent to enter your home. However I have rarely known this to actually happen.

 

Generally what will happen if the bailiffs cannot recover money relating to the amount outstnading the CSA will apply for a commital order. This will involve your partner having to go to court and have his current finances inspected by the judge who will determine what he can afford to pay on his arrears - this amount will not include his current liability so he will have to pay the court ordered arrears plus the current order. In some instances at the same hearing the judge will consider the possible surrender of your partners driving licence and/or a suspended prison sentance that will rely on him making the payment the court have set in full and on time. If a payment is missed the sentance may take effect.

 

Has your partner made an offer to the CSA to pay the arrears? He should do so in writing and this will go as proof to the court that your partner has been trying to seek an amicable decision on this

[andie_303]

is the outstanding arrears amoutn really £147,774

[indiechic77]

hi have posted this again as only had 1 reply to last one ;( will just ask the basic questions as its my partner who owes csa 14.882 and is being passed to marstin baliff on wedenesday

 

Right i no not to let them in as have read that on here

 

we have to check that the bailiff is registered??does that mean the company or the man that comes??

 

if they do get in how do i prove the things in the house are mine??not my partners as no reciepts ect ??

 

Can we ask the bailiff to send it back to court as we havent got anything in the house which adds up to the amount owing??

 

Can we get this back to court before wednesday ??

 

It went to court but we didnt recieve the letter now they got a liabilty order on him

 

am so worried as we now on low income and only get tax cred and child based cred does that class as vunerable?also i dont work as got 3 small children

 

thank you in advance karen xx:p

[dx100uk]

i'll get the threads merged & ask for help for you from the site team.

it does not help to start new threads about the same subject

 

it would also help if when posting a msg if you use sentence and line breaks

makes it a whole lot easier to understand

 

dx

[indiechic77]

ok thanks and sorry

[seanamarts]

I am not very clued up on CSA and their bailiff proceedures. but you can appeal their decision, this website may help some what.

Appealing - Child Support Agency

I can only advice that you dont open your doors to them I dont think that they can force their way in but I am not 100% sure. Make sure that your partner has been assesed correctly as well

[seanamarts]

have a look at the whole website it maybe worth asking them to look at their claim again

[andie_303]

hi have posted this again as only had 1 reply to last one ;( will just ask the basic questions as its my partner who owes csa 14.882 and is being passed to marstin baliff on wedenesday

 

Right i no not to let them in as have read that on here no but as this is a magistrates liability order they can apply for a warrent to enter your home without your consent or presence.

 

we have to check that the bailiff is registered??does that mean the company or the man that comes?? the man that comes Marstons have a credit licence so it's just about checking the actual bailiff

 

if they do get in how do i prove the things in the house are mine??not my partners as no reciepts ect ??

the $64,000 question - most bailiffs will levy it and then ask for proof afterwards - not the way they should do it but when do they ever play by the rules. Not sure on that one

Can we ask the bailiff to send it back to court as we havent got anything in the house which adds up to the amount owing??

The bailiff values your stuff at 10% of its actual value so if you owe £1,000 they will want goods to the value of £10,000! not very possible for most of us. Generally if they realise you don't have enough to cover the debt they will pass back to the CSA who will then take commital action against your partner which I discussed in my post above.

Can we get this back to court before wednesday ??

It's not getting it back to the court - they already have the liability order it's about getting it back to the CSA now the court has done it's part unless the CSA want to take the commital action.

 

It went to court but we didnt recieve the letter now they got a liabilty order on him

 

am so worried as we now on low income and only get tax cred and child based cred does that class as vunerable?also i dont work as got 3 small children

is your partner paying the £5 per week that would be awarded from child tax credit? With the amount of arrears he needs to show some good faith on payments - this would look favourable if it does go to further court proceedings

If it does go further to court the judge will normally be more reasonable with payments than the CSA are but they do have a dim view of those that not only haven't paid arrears but are not paying on current orders.

thank you in advance karen xx:p

 

Hope this helps

[indiechic77]

is the outstanding arrears amoutn really £147,774

 

 

 

 

no sorry meant to be fourteen thousand and something!!he was getting 688 a month deducted from his wages but he had to leave that job last year