Update on my case

anniemf2508

After writing to my MP and them getting involved, myself and ex partner had to fill in a detailed form about our present details....i really didn't have much hope that he would fill it in as he hasn't replied to any correspondance from the agency in about 7 years.
Low and behold tho he has replied. He also recived a letter from the debt people and has contacted them to set up a payment i presume towards the arrears. As of next week he will be paying £50 a month (i still won't believe it tho til theres a payment in my bank!). This agreement is for 6 months and then it will be reviewed. They are also doing a new assessment on his present situation to work out how much he needs to be paying from now too.

What i wanted to know tho is what happens to the rest of the arrears that he owes (which is about 8.5k)cause surely at £50 a month thats gonna take an awfully long time to pay off?

koolmummy

Usually the CSA will only agree to a repayment arrangement that clears the arrears in 2 years.
Who set the arrangement up was it the CSA/Bailiffs/Courts?

Is your ex partner working or is he on benefits?

I guess if they have agreed for him to clear the debt at £50 per month he must have showed that he had no further funds available - they can't get blood from a stone although they do try!

tigstheterror

Hi there ,,they will most likely go for parrallel action and issue a Liability Order against him, this is purely to secure the debt in the eyes of the law ( which is an !!! anyway ) this in turn provides him with a further 14 days ( as a rule ) to repay the arrears, if not then Biliffs are instructed, they have 42 days to collect upon which it is returned to the CSA and they then take further action, i.e threat of removal of drivers licence, revoking of passport or imprisonement. If he is self employed they can take the matter to county court and have him declared bankrupt, they can also apply for a CCJ here and if he owns his own property, a Charging Order can be registered against his property, they can also try and force the sale of the property to make him pay the arrears too. I beleive all info correct but am sure Kelloggs or such will pop along and correct me !!! Hope this answers your questions
Tigs x

kelloggs36

They won't declare him bankrupt as it is exempt under CS law, so even if he is bankrupt, it won't be included!!

They get a liability order, instruct bailiffs, can get CCJ, freeze his bank account and remove funds (after going back to court), get charging order and force sale (but has to be over 5k outstanding and other considerations made before they will do it - it isn't done willy nilly). They can apply for removal of driving licence or imprisonment, but they have to be able to prove that he has refused to pay and not made payments at all. Courts usually allow NRP to pay a fixed amount per month and only if they default on those payments and have to return to court will the consider imprisoning people, unless they make it clear that they have no intentions of paying - and some actually do!!!