Csa/ Baliffs and pressure!

kelloggs36

In respect of your last point, the answer is 'no' it won't prevent them passing the case to the baliffs, but you stand a better chance of getting a judge to be sympathetic to your plight. Baliffs are not that successful if you know how to avoid them; after a while the case gets sent back to the CSA to take other action. You need to weigh up whether you feel that making an agreement with the bailiffs would be better than taking your chances in court for non-payment. They would start committal proceedings if you fail to make payments but if you do make payments and they apply to the courts, you can prove to them that you are not wilfully neglecting to pay, but paying what you can afford to pay - they are most likely to order you to pay a set amount which you cannot default on otherwise you risk getting taken back to court and them awarding a committal or removal of driving licence (whichever is applied for).

An example to consider - my ex owed just over 25k in arrears. After years of doing nothing and refusing to pay, the CSA took him to court for committal. He failed to attend and was subsequently arrested and bailed. The courts ordered him to pay £50 per week off the arrears rather than commit him to prison (fair enough, some money is better than none). He paid for a year and then ceased paying (all the while clocking up more arrears as he didn't pay his ongoing maintenance). The CSA applied to the courts for a 'show cause' hearing which he failed to attend. Again, arrested and bailed. He then was told by the courts to pay amount in full or go to prison - no more chances. Even that took 4 more court hearings as he delayed getting his re-mortgage (got the offer and sat on it for months, then didn't chase etc, etc). After the third hearing the Courts issued him an ultimatum - pay up by the next date or prison it is - don't think it will be adjourned again. He paid most of the arrears within a week.

THEN he still owed just over £3k which he made an agreement with the CSA to pay £5 per week. Did he pay? Did he heck!! So months later, enforcement action starts again - only this time it involves bailffs (previous attempts had failed). He made an agreement with the bailiffs to pay £150 per month to get rid of arrears. He paid a few, missed one, paid one and has now missed last month's - so the baliffs are being chased again. He will of course, incur bailffs costs on top of the the arrears he owes. I don't know what will happen now - will bailffis succeed or will they give up and return it so that the CSA can apply again to the courts. Arrears are small now, just under £2.5k. HE may take the chance that the courts will order a fiver per week, but may think that they will recognise him and decide that he should pay the lot or go to prison - I have no idea what he thinks!!

pd001

I would reiterate my comments in post #6 of this thread

If the csa do eventually decide to take you back to court for a judgement then

If you are taken back to court then as kelloggs36 has said a judge will take into account all sorts of stuff that the csa don't, including the amount that you are already paying the csa, your monthly salary and other outgoings.
He/she may reduce that amount that you are paying but he/she can also increase it if he/she feels that you are not paying enough. The csa have to abide by the judges decision and so do you.
You pays your money and you take your chance!