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Liability order queries.

loolooloo_2
Posts: 8 Forumite
Hi. This might be long so please be patient.
Split up with son's father many years ago. He lives hundreds of miles away. Can go 2 years without calling son and son is nearly 16 so is big enough to decide whether to call him. I suppose that is all irrelevant.
Ex (NRP) has a liability order for 12k (10 for my case 2 elsewhere), was granted the end of last year. Bailiffs handed case back due to him having nothing. He obviously has some cash in the bank as they decided to apply for a third party debt order (bit confused here but they are waiting for something, interim something?). Anyway, NRP has asked me to cancel case for future payments and he guarantees he will pay monthly and on time (already late this month). He has 2 other children that he doesn't live with. He has started a business this week and he says that he has used all the cash he had in the bank. I haven't mentioned them freezing his bank account to him. He already has no driving licence due to drinking and driving. He hasn't had a job for over a year but he had a good few thousand inheritance in the bank.
If I do cancel case (don't think i will) what would happen to 19k in total that he owes? I feel a bit guilty but I know I have done nothing wrong. He keeps moving house and even county. I have no idea where he lives just now.
How likely is it that he will end up in prison? I don't want that but I can't afford to write off the amount that he owes if I cancelled the case.
Sorry for the ramblings.
Lou
Split up with son's father many years ago. He lives hundreds of miles away. Can go 2 years without calling son and son is nearly 16 so is big enough to decide whether to call him. I suppose that is all irrelevant.
Ex (NRP) has a liability order for 12k (10 for my case 2 elsewhere), was granted the end of last year. Bailiffs handed case back due to him having nothing. He obviously has some cash in the bank as they decided to apply for a third party debt order (bit confused here but they are waiting for something, interim something?). Anyway, NRP has asked me to cancel case for future payments and he guarantees he will pay monthly and on time (already late this month). He has 2 other children that he doesn't live with. He has started a business this week and he says that he has used all the cash he had in the bank. I haven't mentioned them freezing his bank account to him. He already has no driving licence due to drinking and driving. He hasn't had a job for over a year but he had a good few thousand inheritance in the bank.
If I do cancel case (don't think i will) what would happen to 19k in total that he owes? I feel a bit guilty but I know I have done nothing wrong. He keeps moving house and even county. I have no idea where he lives just now.
How likely is it that he will end up in prison? I don't want that but I can't afford to write off the amount that he owes if I cancelled the case.
Sorry for the ramblings.
Lou
0
Comments
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Prison is the last resort.
If he fails to pay any money after a libaility order has been served, he will get a summons to appear at court, I suspect he will get a suspendid sentence, with assurances that he must pay something. (if they fail to get his passport or driving licence) This day and age it really is the last resort, to be jailed for 42 days for this offence.0 -
Hi,
He has refused to pay for 6 months since the liability order was granted. How long will they give him?0 -
not much longer, they are really hitting hard now on liability orders and non-payment I'm sure his turn will come around, you can speed up the process by contacting the CSA.
I'm surprised that 6 months after the event Baliffs have not turned up at his door, it could be in the hands of the criminal compliance teams who will be investigating further. Hard to know, without knowing the full facts.0 -
Currently they do need a court order to freeze accounts (that will soon change) and seize monies owing.
Your ex has by the sounds of it had plently of years to agree a private arrangement - funny how he wants one when the csa are getting their act together for his missed payments.0 -
They have applied for third party debt order. Is that the court order? So that is different to a liability order then? What is the interim bit? Is it where the money is frozen but before the court says I can have it?
Sorry, missed Blimey's post. bailiffs have been and returned it as nothing to get from him. Sent section 15/25 (?) to bank and got 6 months statements and there are sufficient funds for at least a partial success with a third party debt order. So applied for interim order. In the meantime he has spend thousands on a business.0 -
Does he own a property?0
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Hi,
no property, no car, no licence. Nothing of much value. He moved in with yet another new girlfriend recently.0 -
They have applied for third party debt order. Is that the court order? So that is different to a liability order then? What is the interim bit? Is it where the money is frozen but before the court says I can have it?
Sorry, missed Blimey's post. bailiffs have been and returned it as nothing to get from him. Sent section 15/25 (?) to bank and got 6 months statements and there are sufficient funds for at least a partial success with a third party debt order. So applied for interim order. In the meantime he has spend thousands on a business.
Third party debt order - this is a court order. They will have done a credit search, identified any bank accounts he has. CSA would then have made applications to the court for the order.
The court then responds with an "interim hearing" date. At this hearing the CSA will find out if he actually has any funds in the account, as the bank will have supplied info to the court. The court then makes an order that ring fences any money. For example:
if he has £3000 in his account then this would be frozen. He can pay money in to the account and withdraw any funds in excess of the £3000 that may be paid in, his account is not "frozen" just the £3000.
A date will then be set for the full hearing. Can take 3 or 4 months to get the hearing from the interim hearing, depends on the listings at the court. At the full hearing the CSA and your ex will be there. Unless he has a very good reason why the £3000 should not be paid to you the court will order that the bank release funds to the CSA. Be warned, if he has £3000 in one account and he shows that he is overdrawn say £2500 in another account, CSA will only get £500. Courts will disregard credit card liability.
Hope this is clear!0 -
It is possible they are applying for an Intermin charging order. Its when they look to impose a charging order on a property, and make it known to the NRP and court or their intention. It is basically the first step in the application process before they have the charging order finalised, with a court date etc.0
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a little bit of advice, dont believe your ex as he will not pay it trust me and secondly dont stop the csa from trying to collect, even if you didnt want the monies owing, it would be a nice little nest egg for your son, ie towards a car, or setting him up with some furniture when he leaves home, a deposit on a flat or something like that. Just keep your chin up and dont let it all grind you down. it will be worth it in the long run.0
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