Bailiffs,Marsdens, back to Court.

[armyman]

Hi all, can anybody advise me on this.....i got a visit on my unit by a bailiff from Marston,who said that i owed child maintainance of 11,000 ( i dont dispute this) from 2004 and that it went to court in 2006,but because i was posted before that date and had no idea that it had gone to court and because i had not attended that hearing it got handed to them to collect.

I knew my rights and would not let them enter my quarter but got ordered to by my OC who later appoligised when he relised we were in our rights to refuse entry to the bailiffs but then it was to late they had entered our quarter, luckyly a few of my lads from the Battalion removed our own items from the house and put army furniture in its place, so he was unable to list any items for removal, we have since moved to a differant quarter. I instructed a solicitor to try and arrange for it to go back to court so that i could repay the debt at a resonable rate as i had remarried and had 3 children in this relationship, the solicitor instructed me to pay Marstons back at 200 pounds a month untill he could get it back to court, his fees are 150 pounds a month and i was struggling to pay both the solicitor and Marston, in the end i had to tell the solicitor that it as taking to long and that i could not afford his fees, this has been ongoing since july 2009.

Is there any chance i could take it back to court myself to get the amount i am paying Marston reduced as i have to pay them that amount every month, i have contacted the CSA and they told me that because it is in the hands of the bailiff no there is nothing they can do to help me.

Could anybody advise me on how i can get this back to court so that i can reduce my payments.....Thanks.

Edited November 24, 2009 by armyman

[Nintendo Pü]

Have you been demobbed? the CSA can apply a deduction of earning from anyone in the forces.

 

Leave the bailiff to his own devices and he eventually have to return the case back to the CSA. The law does not provide for bailiffs to charge fees for collecting maintenance on behalf of the Secretary of State.

 

You cannot take this to court, you must apply for a tribunal, and must be files within 30 days of the decision, or 13 months from the date of decision if applying direct to the tribunal service.

 

If your address has changed and decisions were sent to an old address, a "last known address", there is no limit but you must show the tribunal judge why the CSA sent decision notices to the wrong address.

 

Strangely enough, the burden of proof is balance of probability and lie with the accused. The CSA is known for subverting a basic cornerstone of English law - access to a fair trial in all civil and criminal proceedings.

 

Many demobbed servicemen work abroad in a REMO country that has since expressly re-classified the CSA a British tax, this is because the UK admits giving Tax Credits to working parents -then selectively discriminates against working parents living apart.

[sweep1]

Good advice Nintendo Pü

 

Almost without doubt the bailiff will need to return this to the CSA, the law only allows bailiffs collecting CSA debts to enter into a agreement to pay if (and only IF) a full AND complete levy of the TOTAL amount due can be carried out, ie they is or was enough goods to levy on that could cover the 11k debt.

 

Given that as your job means you were away at some point during the enforcement process, the CSA would not have been able to serve certain LEGALLY required documents upon you.

There are certain websites (one of which sounds similar to american car racing) who can advise and take on your case to resolve this issue.

 

There is multiple High Court and Tribunal rulings over the years that prove that the CSA must follow the law regarding enforcment and arrears collections

 

As Nintendo Pü points out, the CSA as standard ignore the law and act as if they were a law unto themselves, you have rights, many of which you need to enforce.

 

As a rough guide, with arrears and current maintenance the CSA can apply for 40% of net income, however if you do not get on top of this,you could find up to 80% of gross income being deducted at source.

 

Sorry for the limited advice, CSA law is complex and without knowing more specific details, advice can only be limited, if you want more advice, search on google for specific advise or you can PM for more specific direction

[Nintendo Pü]

There are certain websites (one of which sounds similar to american car racing) who can advise

 

I cant see any reason NACSA cannot be mentioned in a public forum. www.nacsa.org.uk

I liked your NASCAR resemblence.

[sweep1]

Ah yes, very good point, but keeping within the spirit of the forum rules (ie no commerical links).

 

CSA topics are`nt covered very often on consumer forums, probably due the sheer complexity of CSA law, hence why there are only limited websites that specifically deal in this area of law

[Nintendo Pü]

NACSA is not a commercial biz. Its an association.

[tomtubby]

Good advice Nintendo Pü

 

Almost without doubt the bailiff will need to return this to the CSA, the law only allows bailiffs collecting CSA debts to enter into a agreement to pay if (and only IF) a full AND complete levy of the TOTAL amount due can be carried out, ie they is or was enough goods to levy on that could cover the 11k debt.

 

Given that as your job means you were away at some point during the enforcement process, the CSA would not have been able to serve certain LEGALLY required documents upon you.

There are certain websites (one of which sounds similar to american car racing) who can advise and take on your case to resolve this issue.

 

There is multiple High Court and Tribunal rulings over the years that prove that the CSA must follow the law regarding enforcment and arrears collections

 

As Nintendo Pü points out, the CSA as standard ignore the law and act as if they were a law unto themselves, you have rights, many of which you need to enforce.

 

As a rough guide, with arrears and current maintenance the CSA can apply for 40% of net income, however if you do not get on top of this,you could find up to 80% of gross income being deducted at source.

 

Sorry for the limited advice, CSA law is complex and without knowing more specific details, advice can only be limited, if you want more advice, search on google for specific advise or you can PM for more specific direction

 

 

Excellent answer Sweep !!

 

You have been missing for a while...good to see you back.

 

Regards S.