Can the CSA force me to go bankrupt?????

BrokeIan

Can anyone help.....

I have numerous debts either caused or incured via my ex-wife and now to top it all the CSA are trying to take 40% of my wage.
If they do this all of my other debtors will be forced to wait for their share this also includes my current rent, council tax and fuel bills which I can currently only just cover.
Is there any way of getting them to take less money without me loosing everything I have spent the last eight single years trying to rebuild.

kelloggs36

How much do you owe? CSA is a priority debt in law and view it that theirs must be paid over and above all other monies owed (except other priority debts such as council tax).

jacklink

even if you do go bankcrupt csa are exempt so you will still have to pay

Mr_Green_Genes

jacklink wrote: »

even if you do go bankcrupt csa are exempt so you will still have to pay

Except of course that if he has no money, what with being bankrupt an' all, there'll be nothing to pay with. This is where the whole 'even if you're bankrupt, you still have to pay the CSA' argument falls apart somewhat. It doesn't matter how high up the pecking order the CSA are, if there's no money, there's no money. End of story, simple as that.

Sunsh1ne

Whilst I would not presume to advise anyone to go bankrupt the OP may well be better able to afford the present deduction from his earnings, (and to live) if he were to discuss his situation with his other creditors via a professional insolvency advisor (I'd suggest CAB or CCCS).

Reference Mr Green Genes comment, in the unfortunate event that the OP did go bankrupt the official reciever would expect them to continue in employment. The O.R would take a very dim view of any bankrupt who chose to be unemployed as this would deprive all creditors. In the OPs case this would mean that any existing deduction from earnings order would be likely to continue. Therefore bankruptcy would not stop the CSA collecting the child maintenance and arrears.

Whilst insolvency is a terrible thing it is probably sensible to face up to it now rather than to just quit or change your job to avoid a DEO. The CSA would then respond with court action and bailiffs which would hardly improve things.

Get free professional help to look at your finances and try to justify to the CSA why the present DEO amount is unsustainable. If your still not getting anywhere try involving your M.P. 40% DEOs are the norm where significant arrears exist but the agency will still use discretion in certain instances.

I would also repeat Kelloggs' question about how great your debt is and add one of my own - How have things gotten to this point with the CSA?

The CSA are not yet using DEOs as their first line for collecting child maintenance and a 40% net DEO is usually a sign that an NRP has failed to pay as assessed voluntarily. Is this true in your case?

Mr_Green_Genes

Sunsh1ne wrote: »

Reference Mr Green Genes comment, in the unfortunate event that the OP did go bankrupt the official reciever would expect them to continue in employment. The O.R would take a very dim view of any bankrupt who chose to be unemployed as this would deprive all creditors. In the OPs case this would mean that any existing deduction from earnings order would be likely to continue. Therefore bankruptcy would not stop the CSA collecting the child maintenance and arrears.

Now Mr Brown's boom has turned to bust, the O.R. can take as dim view as he likes. Unemployment is likely to rise by over 1million in the next year. Even an officer of a government as incompetent as this one would have to accept unemployment as a not unlikely occurrence.

... the agency will still use discretion in certain instances.

You really are having a laugh, aren't you. The facts are a) the gestapo are entitled to use their discretion and b) they don't.

... a 40% net DEO is usually a sign that an NRP has failed to pay as assessed voluntarily.

Another joke. It is the bog standard response, accompanied by the totally untrue statement that 40% is the law.

You seem to be mixing the gestapo up with the Samaritans. There is nothing good, or kind, or beneficial about the CSA at all - they have blood on their hands. (Yes Kellogg, I know you don't agree :rolleyes:)

Merry_Gentry

Hi BrokeIan - bankruptcy is not a step to take without proper professional advice. It affects your credit rating for six years, can be incredibly stressful, and not all of your debts would be cleared by the bankruptcy. Get some advice from CCCS, CAB or National Debtline, look at what your debts are, and then consider what the best move is.

pd001

Merry_Gentry wrote: »

Hi BrokeIan - bankruptcy is not a step to take without proper professional advice. It affects your credit rating for six years, can be incredibly stressful, and not all of your debts would be cleared by the bankruptcy. Get some advice from CCCS, CAB or National Debtline, look at what your debts are, and then consider what the best move is.

Is it the case, that if a person goes bankrupt, then any csa debt and council tax debt is not included in the bankruptcy and is therefore not wiped out?

Merry_Gentry

http://www.insolvency-advice.co.uk/Bankruptcy/Debts-not-included.php

This might help, but basically:

"
Council Tax

You are liable for council tax for the remainder of the current year if not served with a liability order or final demand.

Child Maintenance

Liabilities from an order made in a family or domestic court, such CSA claims for child support are outside of bankruptcy.

You need to make sure you get proper advice, and have all the facts.

pd001

Merry_Gentry wrote: »

http://www.insolvency-advice.co.uk/Bankruptcy/Debts-not-included.php

This might help, but basically:

"
Council Tax
You are liable for council tax for the remainder of the current year if not served with a liability order or final demand.

Child Maintenance
Liabilities from an order made in a family or domestic court, such CSA claims for child support are outside of bankruptcy.

Cheers, that clears it up nicely