posession order on my prperty by the c.s.a

[BENJI7]

hi to all on c.a.g my problem is i burryed my head hoping this would go away now i have a posession order expected in the next couple of days and not sure what to do can i hold up in my house and ignore the baliffs when they call, and can they force their way into my house can anyone help it is a very complexed case i am willing to pay but have not got 25,000 pounds at my disposal at the moment to pay the c.s.a

[dx100uk]

no they cannot force entry

 

tel us the story

 

dx

[fork-it]

hi to all on c.a.g my problem is i burryed my head hoping this would go away now i have a posession order expected in the next couple of days and not sure what to do can i hold up in my house and ignore the baliffs when they call, and can they force their way into my house can anyone help it is a very complexed case i am willing to pay but have not got 25,000 pounds at my disposal at the moment to pay the c.s.a

 

Attend the proceedings and ask for the Order to be suspended to give you more time to pay.

 

There are organisations that can help with CSA problems, NACSA and child maintenance advice centre, another website, deadbeats dads association, but website is tatty in appearance and more of a CSA exposé than a repository of factual advice.

[BENJI7]

thank u guys for ur prompt replys i went to court ystdy to try and get a suspencion on the order but the judge flatley denied my requests and offers for 10,000 down payment towards arrears i am lost as what to do now once again i have to ask the question is it possible for for baliffs to force entry to my property as they state on there eviction letter they have athourity to remove anyone still on the property (on the land) at the time of eviction

[fork-it]

You should seek professional advice, so take mine with a pinch of salt.

 

If the court orders possession of a property, they can take it by force if necessary, however there is no Judge that will grant such an order if there are children living in the house. This is because the taxpayer picks up the bill for housing them and paying state benefits, thus, courts see that making such an order would not be "conducive to public good".

 

If you are being bankrupted by someone else petition and you are made homeless in the process, the petitioner must make alternative housing arrangements for you.

 

I dont know enough about child support agency, but it is known to exclude itself from liability from wrongdoing, so I'm afraid your chances dont look good. Ive been told an aggrieved party has no appeal right (in the strict sense) and they jump straight to enforcement when a liability is disputed.

 

I knew someone who had a large disputed CSA liability, and he received threats that a charge his home would be applied. He came to me for advice and I told him to sell the property and buy another in France. French property law doesnt provide for unpaid debts to be secured on land i.e. charging orders. He then rents that out and uses the income to rent a home in the UK. This protected his home from the CSA and its 100% legal.

[wonkeydonkey]

As there appears to be a repossession order in place on this property, should the poster be of the opinion he can follow the example given by fork it, it must be stressed they do not take any action prior to seeking professional legal advice.

 

wd

[fork-it]

I think it is too late to save the property, the possession order appears to be already in place over the property.

 

If this was a just a charging order, or an interim charging order, the OP could still protect his property.

 

If this was the case, he can file a Form SEV at HM Land Registry to sever the ownership of the property between himself and his partner (if it is held jointly), This means, rather tyhan owning a property in two names, each owner, or "tenant" owns a fixed share of the property. A charging order only secured a debt to the debtors share in the property.

 

Its very difficult to get a possession order on a property that is owned as "Tenants in Common" because the other owners can object on the grounds they are not liable to pay the debtors charge.

 

However, they can file a Form AP1 ID1 and TP1 at their local Land Registry office to change the amounts each owner or "Tenant in Common" holds in the property. The liable persons share can be changed to as little as 1% of the capital, and his spouse holds the remaining 99%. When the property is sold, the conveyancer pays the legal charge out from the debtors 1% capital interest to the creditor, but if that is not enough to pay the charge in full, the remaining debt goes unpaid and the house transfers to the buyer.

 

This is called "bumping off" a charging order, I suspect the child support agency knows this and, is probably why they are applying for a possession order before a transfer of property can be made.

 

I think the only way forward is the OP contact a solicitor and make an emergency application to have the order set aside, and his grounds can include that he is being made homeless and lose his job, and thus, become a potential life burden on the taxpayer. If he had children living with him, the order would probably not be have been granted.

[BENJI7]

wow guys thank u very much u have been very helpfull i have just contacted the x after finding something on the nacsa site about her being able to stop the eviction order (swallow pride and all that)i will be trying these steps on monday to see if i can stop this going thru the set aside especially sounds good will keep u informed people thanx again u,ve been invaluable

[Rothman]

Just something which might be useful.

 

A couple of years ago my ex wife tried to obtain £20,000 from me via the CSA.

Basically she told them a pack of lies claiming I had never paid her a penny.

CSA contacted me and asked for payment or they would be forced to obtain a charge on the house.

I asked them how the came to this conclusion and for proof of non payment.

They said they didnt need it as the word of the ex wife was proof enough.

10 minuted later having threatened them with the Sex Discrimination act they folded and decided to no longer pursue it!

[tomtubby]

I would also suggest contacting NACSA. I dont have the details to hand by they are an advice firm concerning all aspects of Child Support Agency matters.

[BENJI7]

just a quick update on whats happened so far in reply to rothman i wish that i had heard from u sooner on oct 28 i went to court to try and appeal the decision to have my house repossesed by the C.S.A only to be knocked back by the judge because according to the c.s.a i had never paid a penny to my ex in support for my child all lies told to the c.s.a by my ex, anyway the judge looked at as if i was something he,d trodden in and told my solicitor that the order would carry on and even with the offer of 10,0000 pounds it would be executed as i had no proof of how i could come up with further payments to settle this trumped up 25,0000 debt so consequentley i am now in rented accomodation awaiting the sale of my property and not being able to defend my self against this legalized robbery

[tomtubby]

just a quick update on whats happened so far in reply to rothman i wish that i had heard from u sooner on oct 28 i went to court to try and appeal the decision to have my house repossesed by the C.S.A only to be knocked back by the judge because according to the c.s.a i had never paid a penny to my ex in support for my child all lies told to the c.s.a by my ex, anyway the judge looked at as if i was something he,d trodden in and told my solicitor that the order would carry on and even with the offer of 10,0000 pounds it would be executed as i had no proof of how i could come up with further payments to settle this trumped up 25,0000 debt so consequentley i am now in rented accomodation awaiting the sale of my property and not being able to defend my self against this legalized robbery

 

PLEASE do call NACSA as they are the experts in cases such as this.

[lisa rice]

Dont let the baliffs enter your property. As soon as they step over your door step, they immediatley obtain new rights! You can actually come to an agreement with the baliffs themself, who can sometimes be more helpful than the idiots of CSA. Good luck.

[Ell-enn]

Dont let the baliffs enter your property. As soon as they step over your door step, they immediatley obtain new rights! You can actually come to an agreement with the baliffs themself, who can sometimes be more helpful than the idiots of CSA. Good luck.

 

Not in the case of an eviction order. The bailiffs will arrive with a locksmith to change the locks and will call the police to remove anyone in the property. This situation is not the same as a court bailiff calling to execute a warrant in respect of a CCJ, it is an entirely different matter.

[ploddertom]

The thread is nearly 1 year old and we never heard back from the OP.

 

PT