Avoiding payments

bdt1

He may be able to negotiate with bailiffs, ones we dealt with were very sympathetic and prepared to negotiate (but we proved to bailiff debt was not owed in 1st place) if your son is there tell ex to keep all doors windows locked and do not open them as this is an 'invitation' for them to enter premises and seize goods - which they can only do on a 2nd visit! The 1st visit is to case the joint and make list of likely items to remove on 2nd visit. If they send letters to ex saying they will break into his home and remove goods, the ex needs to report them, as this is simply untrue and is illegal.

If after few visits bailiffs get no joy they hand case back to CSA for alternative enforcement

HeatherH

Thanks bdt1 apparently he's rung them and they don't accept offers, I've looked at the bailiffs website and what he said is true, on their website they basically say, you've had enough time to pay your debt, so we're not interested.

Kimitatsu

HeatherH wrote: »

Ok had a very stressed out son's dad ring me this morning saying that he's received a letter from the bailiffs and they're coming round next week to collect the debt. I know it's his fault that it's got to this stage, but for some reason I'm feeling guilty about it.

He suddenly offered £50 a month standing order, and asked if I could call the bailiffs off, I said if the £50 a month actually happens, then I'll suspend the CSA claim, but there is nothing I can do about the bailiffs as it's now out of the CSA's hands. He's now got 10 days to get a grand that he hasn't got.

Also he has our son for a few days next week, I'm worried that the bailiffs are going to turn up when he's there as I can see it being rather upsetting for a 5yr old

Why am I feeling so guilty about this, when it's his problem for not sorting out maintenance for so long.

Whilst there is a child under 12 in the property they cannot restrain goods, why should you be guilty? This is £1000 that he has witheld from that same son for his upkeep.

HeatherH

There is always a child under 12 at the property as he has another child under one who he is the full time carer of (girlfriend has full time job) so don't know whats going to happen there

bdt1

Kimitatsu - I ws unaware of the child under 12 rule, can you point us to any law in ,connection to this please? As said in our case, massive mistakes made by CSA (know it's hard to believe !!!!!!), but we proved to Magistrate who was in tears as she had no power in her own Court (her words not ours), that this assessment and alleged 34k arrears were a terrible miscalculation, after LO granted the CSA Official was shown our evidence and then agreed with us, a CCJ was later granted without our knowledge, and an interim charge on house - only as CSA Official agreed with us that CSA could not verify any debt/or alleed debt a true one that case adjourned until after Tribunal hearing in relation to same case. In great scheme of things £1000 is not a fortune compared to most of us NRP's alleged arrears, which is why so surprised bailiffs not prepared to negotiate, on up-side if it passed back to CSA, and a County Court Judge involved they then are usually more prepared to listen to payment options - as said ours threw case out pending Tribunal as CSA had no proof we owed det, and we held 'full evidence' assessment and alleged arrears were total fabrication

Kimitatsu

bdt1 - will look it up for you tomorrow. I know the rule exists because I have a friend who is a magistrate that used to send councils back with a flea in their ear about orders for council tax. She asked them to prove that there was no child present in the property before she would issue the order.

HeatherH

Surprise, surprise. The £50 standing order never happened, so from making maintenance a private agreement, the CSA are back on the case. Apparently he's made a deal with the bailiffs, but I've seen nothing of this. He's also now got a new job, so the csa are re-assessing. Back to square one me thinks x

kelloggs36

Don't be so soft next time!

HeatherH

lol thanks Kelloggs, ah could be worse.... I could still think that my ex is going to pay maintenance by choice

woody01

Stop him from seeing his kid n see how long before he gives you money to support

Amazingly stupid advice.