charging order on home

pd001

manckaren wrote: »

Not necessarily so. After 14 years of ducking and diving, the CSA have finally caught up with my ex. He has had contact with them on and off and after they ran out of patience, an Interim Maintenance Assessment was put in place. When the debt reached £16,000, he decided to contact them and deny any receipt of correspondence over the years (despite it being sent to two addresses). They in turn requested iformation with a view to converting the assessment. He did nothing, so they refused, after a period of time, to convert (which they are able to do). Two Charging Orders are registered against a property he owns, although he lives with his partner in her home. I have been advised that the CSA are LOATHE to force a sale and should they decide to, it is costly and it can take up to two years.

I am informed that they are currently taking him to court, but cannot tell me anything, as it is now a police matter and that they WILL be seeking either a custodial or withdrawal of driving licence (which he needs for his work).

Is this correct, does it become a criminal matter at this stage? I thought that the csa would take the case to court not the police.
Kelloggs36? Mr GG

I also thought that if a driving licence is a condition of someones employment, then it would be unlikely that a court would remove it.
Kelloggs36? Mr GG

One more thing springs to mind here, if they do manage to get him to court, and he offers to the court some sort of a payment schedule, then the court could actually accept it.
If the court accepts it then I think that the csa has to accept it as well.
Kelloggs36? Mr GG?

You also state the following,

Two Charging Orders are registered against a property he owns

Are these charging orders in favour of the csa or someone else he owes money to?

kelloggs36

It is not a criminal matter, however if he fails to attend court he could be arrested - my ex was! Driving licence is a grey area, but instead of that they may decide that committal to prison is a better option.

If he goes to court and the court agree a payment option, then they CSA will agree to it. However, if he subsequently breaks the order then it is back to court for a Show Cause hearing and it is down to the courts what to do. In my ex's case, he told them he intended to remortgage so they didn't send him down - he kept delaying the case and eventually the courts lost patience and told him that he had to have paid off the debt by the next hearing or expect to go to prison.

The point I was making was that once a charging order is on, there is nothing to stop the CSA from starting committal proceedings - to avoid it the NRP has to start speaking to the CSA and making payments.

Mr_Green_Genes

I pretty much agree with Kelloggs on this. I can't see that it's a criminal matter at all and as for the driving licence point, the statistics show how little that sanction has been used and, I suspect for a very good reason - take someone's driving licence away and you give that person a very powerful case for either going on the dole (how can I get to work any more?) or even going to court for an injunction to stop it on the grounds that it's a restraint of trade. I think that the whole matter of confiscating driving licences was utterly ill conceived and only ever put into the law so the government would look hard - they never thought it through at all in my opinion.

As Kelloggs says, he needs to be seen to be making an effort now or prison could be somewhat closer than he might think.

POLLY23_3

I read your advice what I find interesting the part where you say I should start paying, its not my debt. the only think left for me to do is sell the property and rent like I said there is no equity and it will proberly cost me extra to cover the selling costs extra. But at least my son and I will be csa free /Mr Draper free. I have never claimed anything from the goverment/ tax payer to bring up my son.I have worked day and night in some cases to provide for my son and I. And the last point to be made yet again I AM NOT AWARE WERE MY HUSBAND IS.

kelloggs36

Nobody said you should start paying, they said the NRP should start paying - which is your husband. He has a legal interest on your property, so they can secure the debt on that. However, they are unlikely to sell because of the lack of equity, and the fact that he isn't there anyway. You have nothing to fear on that score, other than the inconvenience of when you come to sell your house, you won't get ll the money.

POLLY23_3

kelloggs36 wrote: »

Nobody said you should start paying, they said the NRP should start paying - which is your husband. He has a legal interest on your property, so they can secure the debt on that. However, they are unlikely to sell because of the lack of equity, and the fact that he isn't there anyway. You have nothing to fear on that score, other than the inconvenience of when you come to sell your house, you won't get ll the money.

You mean I will not get his 20%