Threat of baliffs from CSA

[aj2703]

Hi.

 

My sisters partner has had a court judgement set against him for arrears from the CSA totaling roughly 13k.

 

He phoned up to arrange a payment plan but they refused the amount he offered (£200 a month total including his current award he has to pay of £80 a month). he said the lady wouldn't budge and wanted the whole lot upfront or the baliffs would be sent in. Obviousily he does not have this.

 

I posted on another site and someone mentioned a list of certain medical conditions that say your child has, if notified the baliffs can't come to the door. He was advised to get a doctors note and to check the list for his sons condition (Autism) and see if it is on there. He didn't give a link though and i have posted on there asking for it but as of yet no-one has replied. I thought i would post on here and see if any of you could help.

[hallowitch]

there is not a list of certain medical conditions as far as I'm aware

 

they may be thinking about The national standards For Enforcement agents 2002

http://www.dca.gov.uk/enforcement/agents02.htm

 

Vulnerable situations

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.
    

[aj2703]

Thankyou very much for that

[hallowitch]

Thankyou very much for that

 

your welcome tell your sis not to let them in to there house if her partner has a car either keep it away from the house or sell it so he is no longer the registered keeper:wink:

[cerberusalert]

He can apply to a court for a redetermination order where a judge will look at his circumstances and then decide a repayment schedule which he deems affordable.

[cerberusalert]

If the judgement is more than 14 days old;

 

What to do if you can't pay

 

If you pay nothing, or don't keep up with the payments, the creditor can ask the court to take steps to make you pay, in which case you may have to pay more costs.

 

If you genuinely can't pay, you can ask the court to:

change the amount of the regular payments you are supposed to pay (known as an instalment order) - you can apply on a special court form called an N245

suspend the order until you can afford to pay - you can apply using application form called an N244

 

All of the forms can be found using the HM Court Service (HMCS) form finder.

http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083