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can anyone advise me.My husband has had amagistrates lialility order from rossendales he had no prior warning.it says they give 24 hours notice to recall and remove effects to pay debts.its to do with csa arrears.I havnt slept .help

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my daughter hid her mini hifi in garden because she thought they were going to come in and take it.we have made numerous attempts to csa to pay maintenence in fact my husband was paying it!we went to court in jan this year and spoke to csa solicitor. she advised to go home and she would state our case in court,we did bad mistake.Now 5 months later he receives above letter.we phoned bailiff up straight away and i was told to be ready for him a removal van and police escort at 8 am next day,he was agressive and didnt want to hear any talk of what my husband had been trying to sort out.I know from other replies and research not to leave windows ,doors unlocked but still scarey.can anyone advise he wants£750 in 2 days then will set up dd?do we ignore.csa dont want to know.

Edited by the mitchells
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A removal van and police is a threat and I am surprised that the CSA are allowing debts to be enforced using these "tactics".

 

BEFORE even considering removal of goods the bailiff would need to gain entry into your home in order to "levy" upon goods. You can simply reuse entry. However, the best way to deal with this is to WRITE a letter to Rossendales and offer a sensible payment proposal.

 

NACSA are really good and they will also check whether the amount being claimed is right.

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Hi Thanks for that.we tried speaking to bailiff as rossendales wouldnt speak to us told us to speak directly to bailiff (expensive mobile number) .He insisted my husband spent the weekend finding £750 ,my husband said he couldnt pay that much (he disputes owing the csa that amount anyway).ive been to cab and they are advising,been to court and they cannot stay the warrent,Habe been advised that they cannot touch my car as registered to me and the alleged debt is his?hope thats right ?Have spoken and now written to csa complaints.Any ideas as too stop this warrent?

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If you cannot afford to repay at the rate the CSA are asking and they have a ccj then you can apply to a variation of payment on form N245, you will need an income & expenditure sheet and proof to earnings etc. If you cannot afford the fees for the N245 you will need form ex160 to claim remission and again you will need proof to show you are on some sort of benefit....working tax credit child tax credit etc.

 

As to the car ....they cannot touch it if it is not registered to the debtor.

 

WD

Edited by wonkeydonkey
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it states magistrates liability order not county court.Have spoken again to cab they say pay something to bailiff to keep costs down ,but they already say he owes £15,000 so he cannot pay what he hasnt got. we do not own our home neither does he have any assets. have been told to phone csa and ask for an independent examiner to go over alleged amount that has been assessed as the case is clerical?

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There is something a lot of bailiffs don't know and, even where they do, they hope debtors don't know. If a bailiff's behaviour and actions fall under the ambit of the Criminal Law and they use a vehicle in the course of any criminal conduct, e.g. to illegally remove goods, a court has the power to order the forfeiture and destruction of the vehicle. This means any vehicle a bailiff uses to commit a criminal act can be crushed.

 

It may sound rather cruel to engage in what I call "Bailiff Baiting", but if a debtor genuinely knows a bailiff is acting illegally, there is nothing to prevent them from telling the bailiff that any vehicle they use in committing a criminal act could result in the vehicle being seized and crushed. If the bailiff disputes this, they should be directed to seek legal advice from a criminal solicitor or barrister or the local police or magistrates court.

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