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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CSA Court threat - prison or driving license - help!


wUK
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I have received two letters saying that the CSA are taking action against me for two liability orders; one from 2008 and one from 2011.

 

The last communications I had with the CSA was in 2010 when I was re-assessed after change of circumstances and told I had no payments to make at all.

 

I am self employed and have had a horrendous time since then; I had pneumonia in december 2010 and was unable to work; I have moved house twice since 2010 and have had serious money issues - I was told to pay nothing before and my situation had worsened so the CSA was the last thing on my mind at that time which could explain why I have no idea about the liability order from 2011 but 2008?

 

I was in regular communication with my first partner and my oldest child during this time and had an informal agreement of helping out financially as I could - buying school clothes and so forth.

 

My ex-wife and my other two children also had an informal agreement and I was paying regular amounts of what I could afford at the time; when we split up I was able to give her £3,000 from the sale of a car as I knew that I wouldn't be able to pay much to her regularly but was able to pay £200 a month until 8 months ago when I ended up with no work at all.

 

I will also point out that I was happy for her to keep all of the capital from the sale of our house (she received about £40,000).

 

I've sold pretty much everything I have to try and keep afloat instead of going bankrupt but currently I have arrears on my council tax and am two months behind on my rent; my business is struggling badly to stay afloat and I have VAT and PAYE arrears but I do have some work at the moment but won't get paid for another month - not much but after many months there's a little light at the end of the tunnel but now I'm faced with these two letters saying that unless I pay just under £6,000 for these arrears (that I have no idea about).

 

I have no idea what to do now; I can't afford to pay this and have no idea where these figures have come from at all - I can't go to prison or lose my license as both of these will result in the collapse of my small business completely.

 

I've searched the internet and found a number of companies that will deal with this sort of thing but as I have no money and believe that it's probably more costly than the so called arrears anyway I've no idea where to turn!

 

Please help!

-- wUK --

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Driving licence and prison is always the last in a long list of what the CSA can do but to do these 2 they have to show the court that they've tried everything else first.

The CSA usually have to try the bailiffs first before going to county court for any next action. They have already tried if they're saying they're planning next actions from the sound of it, or they deemed it not appropriate to use bailiffs.

If you want to seek real help, go to the CAB and see someone who knows what they're talking about. CSA debt cannot be dealt with like credit debts. The companies that say they can help, in my experience, charge you a fortune and they do nothing. Even the ones that specialise in CSA cases. Save your money!!!

I feel I should tell you that, even though you've had some very tough times, you are still obliged by law to inform the CSA of any change in circumstances that could affect your assessment. Also it's down to the client to endure the case is up to date. Nonetheless you are entitled to know where the arrears are from, so request an account breakdown. Also have it clarified what dates the LO's cover. They already have the LO's so the mags court would have been satisfied that the CSA had a 'confident' address for you.

The CSA, although they'd like the arrears in full, they will accept an agreement to clear it over 2yrs (on top of regular maintenance). If they tried taking your case to court, the judge would reject it.

Seek advice re your business and finances. If there's a significant different in your income since your last CSA assessment, ask for a new one a be prepared to send in everything they ask for. hopefully this will reduce the ongoing CM.

SAFU

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If you have been making voluntary payments to your ex, ask the CSA to send you a form to list them. Then they will send a letter to your ex. If your ex agrees to accept them in lieu of CM and sign/dates/returns the form, the CSA can adjust the amounts off the arrears. However due to a change in some rules back along, if the PWC disagrees then there isn't anything you can do. Believe it or not it's frustrating for the caseworkers as they know many PWC's take the mickey.

Even if you can prove it, the CSA and the court will not consider it.

Hope this helps in some way.

SAFU

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