Rossendales bailiff with LO from CSA - Statutory Declaration needed for OH's stuff?

[seanamarts]

May I step in here and state just for the record, that jonniebravo was not the one who mentioned your website TT and hasnt.

[ims21]

Note to the posters on this thread.

 

CAG has rules about external links hence the removal of links to other sites.

 

If you wish to post links to external sites such as the ones which were mentioned in this thread then please get in touch with admin who may or may not approve them.

[JonniBravo]

I apologise unreservedly to TomTubby I did not realise this was your site, though I did not name it I should not make assumptions without evidence to back this up.

 

I also apologise to the community for not adhering to forum rules, please accept my apologies.

 

Can you clear this up then, can the bailiff take your car without first obtaining information about ownership?

[seanamarts]

plain and simple, no they cannot.

 

All you have to so is show log book when present, they have to check with dvla before they take any vehicle.

[JonniBravo]

I'm trying to avoid asking her if she has a log book, she is just about coping with things as they are, I think she has it in the car though so I think we will be ok.

[tomtubby]

Jonni,

 

Firstly, well done for managing to reduce the debt that you owe to CSA.

 

Unfortunately, you have made a big mistake by advising the CSA that you cannot offer ANY payment at the moment. Saying such a thing can be wrongly interpreted as "refusing to pay".

 

As YOU do not own any goods it is the case that your partner should be the person to sign a Statutory Declaration. Would this cause a problem?

 

Given that your partner is pregnant and you are so desperate, if you wish, I will draft a template letter that you can send to Rossendales tomorrow.

[JonniBravo]

Jonni,

 

Firstly, well done for managing to reduce the debt that you owe to CSA.

 

Unfortunately, you have made a big mistake by advising the CSA that you cannot offer ANY payment at the moment. Saying such a thing can be wrongly interpreted as "refusing to pay".

 

As YOU do not own any goods it is the case that your partner should be the person to sign a Statutory Declaration. Would this cause a problem?

 

Given that your partner is pregnant and you are so desperate, if you wish, I will draft a template letter that you can send to Rossendales tomorrow.

 

I simply told them I could not offer any weekly sum at this point, however I did say I was willing to talk to my partner to see if kind of payment could be made.

 

Yes I would be very grateful if you could thanks tt

[JonniBravo]

Also my partner is happy to sign a statutory declaration, there are only a few items in the property I have bought and they are either books for university or clothes

[tomtubby]

Jonni....

 

 

No problems. I am now going to the leave the bailiff forum and pop over to the parking section to see if anyone needs help...and then bedtime zzzzzzz

[JonniBravo]

Thanks tt

[skintandfat]

May I suggest token payments of £1.00 per month, direct to a bank account.

 

You should pay somenthing and it will go against them if they take further action.

 

Write to them (or email if you can- time and date stamped) and ask for their BACS details and refernce number. Tell them you will pay an unusual amount (say £1.23) to see if they get it.

 

Once they have this sum you can pay £1.00 per month and sod them

 

As far as these people go- take control, make them dance to your tune

 

• Ask the baliff for a copy of their official complaints procedure
  
• Find if they are registered (and check it)
  
• Are they following the CSA / OFT debt collection guidelines
  
• Write recorded to them and the CSA and make sure you cc your MP (and they see this), and make the complaint 'official'
  
• 
  

[tomtubby]

skintandfat.

 

There are effectively three types of debt that can have SERIOUS consequences if not paid.

 

These are: magistrates court fines, council tax and CSA arrears. With each one of these.......there is the ultimate (although very rare) option for the debtor to be subject to committal proceedings.

 

Each debt is also due to a government agency. Offering £1 per month is clear indication that the debtor is "refusing to pay" and should NOT UNDER ANY CIRCUMSTANCES BE SUGGESTED !!!

 

Paying £1 per month to unsecured creditors is fine but not to PREFERENTIAL creditors such as those listed here.

 

You may care to note that even with court fines, if the debtor is on benefits the statutory regulations provide that deductions may be made from his benefits at the rate of £5 PER WEEK !!!!

[steveball1966]

I have had a long running dispute with the csa and now wound up cmec and it’snot good these organisations have draconian powers and will use them. Theycurrently take 40% of my income for some areas that occurred when I got maderedundant even though I have always supported my child they still did this. So I’mafraid that you are going to have to sort some sort of payment out its usually£5 per week minimum that will be accepted Its also no point in writing to yourMP these people represent the government that gives the csa these powers Googledeadbeat dads you will find a load of information there.

Good luck

[JonniBravo]

Thanks Steve, actually my story is, back when I was younger the CSA decided to assess me, I worked for a year and a half and was never assessed despite faxing calling them I could never get through, and even though I faxed them payslips ect as requested they never actually assessed me for that period of employment, following this I left to work somewhere else after a year out of work, when I started I was assessed after 8 months, a further 4 months I got a bank account and reference with which to pay my monies into, but by this time the debt had run up to £3000 and something.

 

During the first 8 months I was not given an interim assessment because I was told my situation was too complex, I wasn't even given an idea of what I should put away, I was then told I didn't need to put anything away as this was my first assessment(actually it wasn't it was my second, despite having never been assessed in the previous employment), then when I was finally assessed and given amounts to pay I wasn't given an account to pay it into, which for me at the time was problematic given I suffered mild bi-polar and was impulsive with money(didn't know this at the time), during this time mother 1 was driving a car whilst on benefits and living in a nice council property with garden ect... and mother 2 was claiming benefits whilst living with a working partner, I was struggling to make ends meet and after having 50% of one pay check deducted by CSA one month without prior notice, I had a nervous breakdown lost my job and the rest is history.

 

I completely blame myself though, because I was stupid enough to make the mistakes, unfortunately you have to accept and live with them, the best thing to come out of this is my children are a true blessing and despite what the CSA out me through over the years, it was worth it just to see my beautiful children.

[tomtubby]

Jonni.

 

Have you sent the letter to Rossendales ?

[TB Law]

May I suggest token payments of £1.00 per month, direct to a bank account.

 

Offer £5 a week and that stops a committal proceeding. With inflation to boot, the debt will be eroded painlessly over time.

[JonniBravo]

Jonni.

 

Have you sent the letter to Rossendales ?

 

Hi I have been at university today so I haven't had time as yet to sort the vulnerable persons letter out, but I am doing that as we speak, as for the stat dec, I have called the combined County/crown court and they have said its a magistrate matter, I have called the magistrates and they seem reluctant to do it because they say that my O.H doesn't need a stat dec because I am not the tenant of the property(On the tenancy agreement) I have also called a number of solicitors and they either say they cant do it because they dont know my O.H or they fob me off and ask me to leave a message.

 

Not sure what to do with the stat dec.

[TB Law]

You dont need a solicitor to make a stat dec. Tell me what you want the stat dec to do and I can knock one up and you take it to the mags court and a member of the the court staff can swear it for you, or any Commissioner of Oaths will do it for c. a fiver.

[steveball1966]

Hi

I think the magistrates could be right the property tenancy agreement and contents are in your o/h name and belong to her or her landlord so the bailiffswill have no right to seize stuff from your property because it does not belongto you. What does worry me from experience is not paying anything has I havesaid from my previous posting the CSA have draconian methods of obtaining moneyfrom absent parents and making absent parents suffer including prison althoughthe latter would only happen if all other methods of getting payment fail. The minimum the csa will take is £5 this is if the non resident parent is onbenefits the arrears may be trickier they like it to be paid back in a 2 yeartimescale although in your case it could be stretched to quite a few years longer.when you said that that during the first 8 months your situation was toocomplex and they were no assessment done that I find hard to believe because the only two reasons that an assessment is not done if the resident parent as madeno contact with them and they believe that you pay the parent direct. The other reason is if you were at the time sectioned under the mental health act in which case they are not allowed to assess you. Go to your local CAB and they will work with you to get the bailiffs off your back and to come to some sort of arrangement with the csa to how much you will pay also ask the to do a full benefit check with you and your girlfriend you might be entitled to something also look at the website deadbeatdads they is loads of useful info

 

 

 

Steve

Edited December 6, 2012 by steveball1966

[tomtubby]

I think you are really worrying too much about s state dec. A simply state dec will suffice and all that is needed is for your partner to take the document into any firm of solicitors ( no appointment is needed) and a clerk will merely witness your signature signing the form. A fee of £5 is charged.

 

I though that I had sent a template one to you.

[mest116]

ok, 1st of all i f you were to be married then the csa could take your partners earnings into account for c.s.a liability if your not married they cant. next your reference with the csa should be your nst number on the letters they send you this is usually your ni number, if they have asked for money in the past then they should of given you there bank account number for you to pay this into. what i would do is set a standing order up with your bank to there bank (if you want there bank account number let me know as i should imagine its the same one i use} next send a reg letter to them explaining your situation and any proof you have all photo copied, keep originals for your reference. {remember any letters you send always send recorded sighned for and always keep a copy for yourself with the post office receipt attachet to it for your future ref} . also if you can send away for your s.a.r. from them this costs 10.00 but it shows all letters you have sent {if they havnt LOST EM} all phone calls that should be logged by them btween you and them. , HOPE THIS HELPS A BIT.. they may say you have to pay the bailiff now im not sure but its worth a try, i also know that they have a 2 year timescale where feasable to recover the debt. which would be around £17.00 a week on your debt of £1700.. cheers

[JonniBravo]

Circumstances;

I am a student studying a degree at University following a period of illness and being out of work,

I do have some income but it is provided for childcare and travel and it just about covers this.

I have few possessions that I own other than clothes, an xbox, a bike, and a laptop

 

My partner is 8 months pregnant and is currently suffering from depression and OCD, she is the sole earner, the sole tenant of the property

 

I think I have made a bit of an error,

I have a liability order against me for £1700 from the CSA

I am currently and have been for the last 5 years due to illness nil assessed,

the CSA know I have no income and am a student,

I have told the creditor that I could not pay it as I am a student and do not have an income other than the childcare and travel expenses I get,

at that time they would not accept a budgeting sheet and sent the debt directly to the bailiff.

 

At this stage I got a letter from Rossendales saying I must pay the said amount

 

to cut a long story short I told I could not pay them as my partner was the only one with an income

and she was unable to find the £75 min payment they were requesting,

 

however, this month we completed paying off a loan and we were able to find the extra funds to pay the amount they asked for.

 

But my partner said that if she was going to oay this debt she would not be prepared to pay the bailiffs

and that I should send the payments direct to the child support agency,

 

I made the minimum payment of £75 to the CSA

then called the baliff to advise them I had made a payment direct to CSA,

they then sent a letter the next day to say I must pay the full amount immediately.

 

My partner is getting very agitated about this even though this was her decision,

and I am worried that even though the bailiffs a

re aware she is pregnant they visit the property whilst I am at University.

 

What is the best thing to do?

 

Is it worth carrying on down the route we are on?

 

What can the bailiff do now I am paying the Debt direct to the CSA

[dx100uk]

tough luck the rossers

 

you are doing it correctly

 

NEVER EVER pay a bailiff

 

if they have never been in or to your house

 

i suggest you contact the CSA and ask the following:

 

 

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

[BanditQueen]

First do not pay the bailiff and do not allow the bailiff any entrance to your home no matter what they say, even to use the loo. If you can monitor your calls and who comes to the door and have an answer like sorry I do not deal with anyone at the door and please leave. Shut door and refuse to deal with them. Second do as above advice, get as much out of the CSA as you can. I do not understand why they will not accept an income and expenditure form? They should assess you fairly on what your income is and what you can afford and accept what you can afford. I am not very well up on the CSA but even the DWP have to accept income and expenditure forms and have to show a very good reason if they do not. In any event make them only an offer of what you can genuinely afford. There are welfare help and advice people who can help you with a budget form and they can even write to the CSA or the bailiff for you. It sounds as if you have a good case for being assessed at least for very low re-payments. The whole situation must be very worrying for you and very stressful, especially with a partner who is about to have a baby and with you both also being so ill. You could also try to get your doctor to help with some medical evidence that may be of assistance here. I would not hang around on this. I know you are not well, but I would have someone come out to the house and help you with an appeal or a form or letter as soon as you are able. It may also be worth looking at what benefits that you may be able to claim in order to help your income. I do not know if you have any protection on benefits but I do know that bailiffs should not be sent out to vulnerable people who are ill or in severe financial hardship. Try and get the bailiff withdrawn and the case given back to the CSA. Then you are dealing with them only. I know it all sounds a lot but one step at a time. I think the first thing to do is contact a charity that help people in crisis and can help with the CSA, such as the red cross, they help people in this country to get things sorted out, family charities, lone parent charities, Shelter, the CAB, and even some debt crisis people can help you to cope a bit better by taking some of the worry off you. If a bailiff comes to the house do not let him in. If you are worried leave the door shut and insist on demanding who is there first. If it is a bailiff then tell him you will not discus the problem with him and ask him not to contact you again as you refuse them entrance to your home. You should only deal in writing with any of these people. Get some help as soon as you can and anything from the bailiff or CSA take to them at once. Hope this helps. I am not knowledgeable about CSA, but my instincts tell me you need professional assistance. Good luck.

[dx100uk]

edit in some blank lines please bq.

 

dx