CSA and the bailiffs...

Smart_Mart

Please can someone help me?

I split up with my ex-wife in 1996 when my children were four and six months old. I have stayed friendly with my ex and have visited the children ever since ( weekly for the first three years then fortnightly for the last nine years ). I paid maintenance directly to her before she lost her job and went on Income Support or whatever it was called in those days. The CSA got involved and I paid to them instead.

In 2007, I received a letter out of the blue from the CSA informing me that I owed £2,800 and had seven days to pay it. I asked for a breakdown of the amount which they sent to me. It goes back to November 1998 and details all my payments made through them. I owed £3,900 according to them but paid £1,100 off in those years. My income varied greatly in those years from nought when I was unemployed to £15k when I was in my highest-paid job.

I set up a payment schedule through Eversheds in May 2008 for the £2,800 total but, being self-employed, my work dried up and I notified them. They then set up another one in September but I lost my major contract in October and couldn't pay November's payment ( it was only £20 a month ).

In November 2008, the CSA wrote to me telling me it was asking for a liability order to be granted for the full amount. I rang them and the man I spoke to said it was a formality to go through and that there was no point in going to contest it ( which I wish I ignored but I didn't ). AFAIK, my repayments with Eversheds had only just failed but here was a liability order.

The LO was granted in my absence on December 2nd. I have now received a letter from Marstons, the appointed bailiff, asking for the full amount. My income is only around £300 a week including £70 HB and £45 WTC. I informed him that I could only pay the £3,000 at around £100 a month and he laughed and said he wouldn't even give me 30 weeks, let alone 30 months...:mad:

He's coming here next week. He said if I refuse entry then he will know that I have goods worth selling and will tell the court so. I genuinely have a very average standard of living ( a £250 car, a 7-year-old PC and that's it ). His suggestion to me telling him that was to say that the CSA will just explore other avenues including imprisonment....:eek:

What can I do? I daren't let him in but am I delaying the inevitable? How can they just send me a demand for £3,000 and give me seven days to pay. I have always informed them of address changes ( twice in seven years ) yet here they are demanding money from 1998 !!!!!!.

Edited to add: The arrears are made up as follows...

Initial payment period...12/11/98 - 01/04/99 - £1,362
02/04/99 - 01/10/99 - £1,757
04/08/01 - 03/01/02 - £845
UNDERCHARGES - £213

TOTAL DUE - £4,177

-payments to CSA and PWC - £1,320

TOTAL £2,857

Please help me.

thefenman

You sound like a very reasonable chap. My daughter has the opposite problem, the CSA simply cannot get any money our her ex who is totally disinterested in their 5-year-old daughter.

I cannot comment on your situation, of course, but why you and not my despicable ex-son in law? He is genuinely in many £1,000s in arrears and my daughter has endless financial difficulties - no prizes for guessing who the old chap is who helps her out!

The CSA has got to be the most useless invention of the Tories. (I think they call it the CMA now but it is still run by the bloke who couldn't run it before)

blimey40

I have a similar situation even have proof of emails and account info from 2000-2004 that proves that money was going into my daughters account. This will be classed as pocket money and will not carry in court.

The liability order has been sent to the wrong address (but as been passed onto me) and if I attend court I am worried that it simply confirms that I am that address so its a bit of a dilemma as I do not want that person levyed with distress.

The LO has not been set yet but regulations suggest it has to be before the court date which is about 2 weeks away.

Looking at your problem, don't think any LO can go be set with debts accrued before July 2000, so don't know how it can can go back to Nov 98.

pd001

Smart_Mart wrote: »

Please can someone help me?

I split up with my ex-wife in 1996 when my children were four and six months old. I have stayed friendly with my ex and have visited the children ever since ( weekly for the first three years then fortnightly for the last nine years ). I paid maintenance directly to her before she lost her job and went on Income Support or whatever it was called in those days. The CSA got involved and I paid to them instead.

In 2007, I received a letter out of the blue from the CSA informing me that I owed £2,800 and had seven days to pay it. I asked for a breakdown of the amount which they sent to me. It goes back to November 1998 and details all my payments made through them. I owed £3,900 according to them but paid £1,100 off in those years. My income varied greatly in those years from nought when I was unemployed to £15k when I was in my highest-paid job.

I set up a payment schedule through Eversheds in May 2008 for the £2,800 total but, being self-employed, my work dried up and I notified them. They then set up another one in September but I lost my major contract in October and couldn't pay November's payment ( it was only £20 a month ).

In November 2008, the CSA wrote to me telling me it was asking for a liability order to be granted for the full amount. I rang them and the man I spoke to said it was a formality to go through and that there was no point in going to contest it ( which I wish I ignored but I didn't ). AFAIK, my repayments with Eversheds had only just failed but here was a liability order.

The LO was granted in my absence on December 2nd. I have now received a letter from Marstons, the appointed bailiff, asking for the full amount. My income is only around £300 a week including £70 HB and £45 WTC. I informed him that I could only pay the £3,000 at around £100 a month and he laughed and said he wouldn't even give me 30 weeks, let alone 30 months...:mad:

He's coming here next week. He said if I refuse entry then he will know that I have goods worth selling and will tell the court so. I genuinely have a very average standard of living ( a £250 car, a 7-year-old PC and that's it ). His suggestion to me telling him that was to say that the CSA will just explore other avenues including imprisonment....:eek:

What can I do? I daren't let him in but am I delaying the inevitable? How can they just send me a demand for £3,000 and give me seven days to pay. I have always informed them of address changes ( twice in seven years ) yet here they are demanding money from 1998 !!!!!!.

Edited to add: The arrears are made up as follows...

Initial payment period...12/11/98 - 01/04/99 - £1,362
02/04/99 - 01/10/99 - £1,757
04/08/01 - 03/01/02 - £845
UNDERCHARGES - £213

TOTAL DUE - £4,177

-payments to CSA and PWC - £1,320

TOTAL £2,857

Please help me.

Some advice re bailiffs on the following link

http://www.bailiffadviceonline.co.uk/

This is an even better website

http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center

And the following thread regarding a statutory declaration is very interesting and I wish I knew about it a few months ago

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/175110-tomtubby-you-might-interested.html

Smart_Mart

I've just checked the copy of the liability order that I have got here.

It says that the amount of the maintenance owed is from 13 July 2000 to 14th May 2008 and is for £4,143.97 - payments made of £1,102.70 = £3.041.27.

The account statement I asked for when I received the original demand showed the amount owed was from 12th November 1998 to 19th January 2006, two completely different sets of dates. . I've just rang the CSA who say that it shows on their system that I've paid everything due to them up until the 12th July 2000.

This all smells very fishy to me. It seems like they've moved the goalposts, i.e. we can't get him for what was owed pre-July 2000 so let's move it forward to after that date and clobber him there.

In their statement of August 2007, it clearly shows that I owed £3,119.74 for the period between 12/11/98 and 01/10/99 yet it now shows on their system that's it all paid up. Very fishy.

I just want to pay this money at a reasonable amount but now the heavy-hoofed bailiffs are involved, I fear drastic action will be forthcoming...:eek:

slim1982

dont worry about it my ex partner has had baliff go out to him eight times in total now he earns over 40 k a year and still has nt paid a penny

Herbie21

In all such cases that we have seen , Eversheds are easy to negotiate with and it was such shame that you could not keep to the nominal payments of £20 that you agreed with them as this break in the payments has allowed the CSA to now obtain a Liability Order which has been sent to bailiffs to enforce.

It is most important that you do not let the bailiff into your home as to do so will incur you in additional fees and charges that you will find very difficult to repay.

Crucially, by allowing the bailiff to come into your home, he will be looking to "levy" upon goods. This will mean that the bailiff then has the right to FORCE ENTRY into your home if you are just one day late in making the agreed payments. It is very likely that Marston are already aware of your financial circumstances from the report from Eversheds and that is why you will need to ensure that a letter is sent immediately to them.

As many bailiff's look at these posts, I have sent a template letter to you by PM that should suffice.

Please do let us know how thing work out.

Smart_Mart

Hi Herbie,

Thanks for all your help both on here and via PM.....:T

I've done as you said on PM and written to the bailiffs, to the CSA and also the DWP using the templates offered. Just to confuse things further, I received a letter from Eversheds today asking for proof of other creditors repayments so they can consider my offer of £20 a month.... . The CSA are insistent that Eversheds have nothing more to do with it while Eversheds are insistent that they do...:mad:

The query on the dates for the liability order are confusing me too, seems like the CSA re shifting the goalposts here too.:eek:

blimey40

I know it is a seprate issue.

I presume the baliffs can only go into the home belonging to the NRP and cannot levy distress on a person that only CSA presume to be a "confident address"??

mothballed

I do know a council tax bailiff (not sure if rules are the same for CSA bailiffs) cannot levy on somebody elses goods. They cannot threaten breaking and entering or returning with a locksmith with an invalid levy. They can even be struck off. http://uk.youtube.com/watch?v=sBRbXOoYpFM

Dont quote me but i heard somewhere a bailiff can enter any property who he thinks is the debtors without permission. he cannot break in, only enter peacefully.

pd001

mothballed wrote: »

I do know a council tax bailiff (not sure if rules are the same for CSA bailiffs) cannot levy on somebody elses goods. They cannot threaten breaking and entering or returning with a locksmith with an invalid levy. They can even be struck off. http://uk.youtube.com/watch?v=sBRbXOoYpFM

Dont quote me but i heard somewhere a bailiff can enter any property who he thinks is the debtors without permission. he cannot break in, only enter peacefully.

As far as I am aware a bailiff cannot levy on someone else's goods full stop!

One way to avoid mistakes happening is for the person who owns the goods, should sign a statutory declaration in front of a solicitor, detailing the items that they own in the property. This person may indeed own everything in the property
This declaration should cost between 5 and 10 pounds only.

There are links for further information regarding this matter in one of my posts in this thread