What Exactly Do CSA Need

blimey40

To agree a payment structure for the arrears?

Do they have the right to look at your income, if you are self employed?

I presume the courts will agree a payment period, if CSA try and stick to a two year period.

As long as you pay, you won;t have any trouble??

I'm not happy after years of negilence by the CSA that they can pry into my income.

For the record, as previous post indicate, I've already paid my daughter once round already. She is now 23!!

DONTQUOTEME

They will not look at your income necessarily when negiotiating arrears repayments. They ony take yur income into account when imposing a DEO.
The magistrate does not have the authority to negiotiate payments if applying for the liability order. All they do is determine if there are arrears due, and all the csa have to do is prove you have missed a payment, or if a deo is inappropriate/ineffective.
As long as you agree to pay your arrears over two years and pay it, the csa will cease further action. However, watch out becasue once the liability order has been granted it gives them the authority to refer your arrears to the bailiffs if you stop payments.

blimey40

cheers for clearing that up. I am talking about AFTER a LO has been served.

Have to say they 2 years is not a legal fixed term.

Are you saying if you can only afford (still waiting actual breakdown) to pay it back in 2 years, they won't bother asking, but if you offer to pay it in say 3-4 years they can or will appeal before the court?

I base my question on that fact its taken 12 years to make contact.

Daughter is now 23 and paid her personally 13-18 or so.

DONTQUOTEME

The court doesnt have the authority to discuss repayments, and you cannot appeal against the liability order as it is a civil action, not criminal. The csa ultimately decide the repayments.
If you offer to pay a partial payment, they may decide to go over the 2 years, but depends who you get on the phone. They are unlikely to go over the 2 years however, it would be a miracle if they agreed to pay it over a longer period.

bdt1

Once the LO has been served, if CSA not satisfied that you paying at the rate they request they will send bailiffs to your door.

In some cases this may be ok as they are more likely to accept reasonable and realistic payment terms over a longer period than that of the CSA, as after all they are paid on performance only - wehave had bailiffs call for a debt we do not owe and are in a web of uncovering CSA errors, but bailiffs in all honesty have been 100% more realistic and reasonable than CSA as long as you paying something it's logged with bailiffs

blimey40

Surely the liability order figure has to be right and figures provided on how that sum was reached?


Just an extra point,

they provided no break-down and no 7 day notice to me that this was going to happen.

pd001

DONTQUOTEME wrote: »

The court doesnt have the authority to discuss repayments, and you cannot appeal against the liability order as it is a civil action, not criminal. The csa ultimately decide the repayments.
If you offer to pay a partial payment, they may decide to go over the 2 years, but depends who you get on the phone. They are unlikely to go over the 2 years however, it would be a miracle if they agreed to pay it over a longer period.

Mine will easily take more than 2 years.
They have not suggested the two year cut off to me, but I have to say that I have never had the dubious pleasure of talking to them on the phone.

bdt1

In our case the LO was served even though the figure is grossly incorrect, and the CSA did not provide any evidence to the Court (or us) that any debt was owed at all.

Apparently you can apply for a Judicial Review, but you will need to discuss this with your solicitor

tigstheterror

If figures are incorrect and at the piont of court you should always ask the magistrate for an adjournment on the basis that you have requested information from the CSA and it hasn't been provided. You are within your rights to ask for a breakdown of your account incl arreras on the account.
As for not notifying people of the court cases then it is in the Collection and enforcement amendments 1992, liability orders part 1V where it states you have to be given 7 days notice.
Tigs x

tigstheterror

Forgot to add that once it has gone to court for a LO then they don't even have to wait the 2 years, they will adjust set the bailiffs upon whom ever they have the LO against.It's called Parallel action and secures the CSA will get thier pound of flesh in a quicker time limit!!

DONTQUOTEME

tigstheterror wrote: »

Forgot to add that once it has gone to court for a LO then they don't even have to wait the 2 years, they will adjust set the bailiffs upon whom ever they have the LO against.It's called Parallel action and secures the CSA will get thier pound of flesh in a quicker time limit!!

Parallel action only applies when the there is no arrangment in place or it will take longer than 2 years to clear the arrears at the current rate of payments.
If you have an arrangment in place that will clear the arrears in 2 years you have nothing to worry about, and if it is referred to the bailiff, your perfectly in your right to get the csa to recall it.