Advice on liability order hearing

Kath_999

Hi there

Can anyone help, I could really use some advice about how to prepare for a liability order hearing my husband has coming up in 2 weeks.....

My husbands case is for arrears only, the case closed years ago. We are disputing the amount of the arrears, they are asking for £43k, but NACSA have looked at the income and have estimated the liability to be about £14k, and he has paid £10k over the years already, so instead of £43k it should be more like 4!! We submitted all my husbands income documents 7 weeks ago to the CSA but have not had a response or revised figure. Instead we got a letter with a date for the LO hearing today. Seems ridiculous to me that they can ask for an LO when the final figure owed has not been calculated (we intend to make full & final settlement once the review has been completed)

Anyway, can anyone tell me what we can do to ensure the best outcome at the LO?
I'd really appreciate any help.

Light_Speed_Cruiser

Its a guaranteed fact the LO will be granted, the court cannot even challenge the assessment. No point in even turning up. There is a nifty trick you can do to but its probably not a good idea to be posting it in a public form, PM me if you want to learn more.

blimey40

Hi Kath, long time No hear.

Sorry to say, its very likely the LO will be served. ( we spoke some-time back). Mine was granted, but it had decreased from 42k to around 16K.

Don't be bullied into agreeing 40% of anything and try to have a lawyer with you. As long as you admit liability, and before a court you can propose an affordable means of paying back the amount.

In my case, no letters for 12 years from the CSA and they tried to bully with demands and baliffs. I am in the process of sorting out an affordable plan. I suggest as long as you keep to it, you will be okay.

Good luck, I am proposing to pay it back over 5 years, nothing much they can do. This is a little bit of a pro PWC board and I do not know one or two things, that could potentially help us out.

I am still waiting for the breakdown, my solicitor has waited over 3 weeks. Yes, its concerning the LO can be served, without no financial breakdown and simply on the word of a government official

Its concerns the right of appeal, abeit 28 days or 13 months. Thats, what i am not sure about. In my case, the LO was served with no breakdown given to me or 7 days warning letter, that they were proceeding with the LO. Also, still don;t understand, why it was issued in a magistrates court, but forwarded to a County Court pretty much immediately.

blimey40

Kath

This does seem the norm, when you write

We submitted all my husbands income documents 7 weeks ago to the CSA but have not had a response or revised figure.

They are very quick to demand that you pay within 7 days a five figure sum, but are not quick to show you, how that figure is reached in the first place.

I'm guessing it means, they have to do some work on a calculator. Some find that a little difficult.

You MUST get that breakdwon before the COurt date. At least 7 days. If not you can ask for an adjournment

Kath_999

Hi Blimey, yes it's been a while, we've been waiting for the review to be completed by the CSA so it all went quiet for a while. We don't actually have a breakdown of arrears as it was a penalty assessment, so it's pretty meaningless as its not based on facts, just assumptions. Good to hear you got your arrears reduced. Did you go to the LO hearing? Did you work out a payment plan at that time? I don't see how we can do that, as the amount owing on the LO is hugely inflated, and will reduce once the review is complete. Maybe we can agree to make some monthly payments until the review is comlete?

Does anyone know how long a review normally takes?

Kath_999

If we ask the CSA, do you think it is likely an adjournment will be granted until the review is complete??

blimey40

I am at the stage of waiting, I'm afraid.

They play dirty. The CSA knew when they sent a letter of £42,000 it would make most panic. The fact is, they were not using my address, but simply a "confident" address. By not contacting them, 3 months later it was miracously £16,000. I'm guessing they re-calculated, because they needed to serve a liability order, and the original calculation would have been thrown out based on a probable pre JULY 2000 figure on the original arrear.

The amazing thing is I get a letter in December to say the LO would be served on jan 20th, yet I now learn the LO was served On January 14th at Richmond magistrates Court. A full week before the agreed date ( to be honest I would not have gone anyway) but that is shocking and can be proved. Anyway, I digress.

The LO will be served in your presence, as they simply do not question the debt. Its this 28 days or 13 month process to appeal, that i am trying find out about. I am also in the process of getting my DP files. You maybe able to get it adjourned, based on your requesting the info, but the CSA not providing it

Did they send you the letters they have sent you in the past, via your Data protection files?

blimey40

sorry, just saw you last part.

Contrary to what is said on here, the CSA are more flexible on a time frame, then given credit for. As long as the payments are adhered to. The two year is a guideline, but when dealing with LARGE sums of money, believe it or not they are more flexible. They know going to court, they probably would not get you paying in that time frame.

DONTQUOTEME

£43K is a lot of arrears.
Are they based on a IMA? (Interim Maintenance Assessment)
If that is the case you will have grounds for adjournment if you supply the info they need in order to convert it to a FMA (Full maintenance assessment). If they do an IMA conversion then it is VERY likely that the debt will reduce significantly.
If your told its a FMA already, request a breakdown of your arrears, so you see where the arrears have accrued. They should already have one done as the arrears are so large, so hopefully you can get it quickley.
You are unlikely to be successful in stopping the LO unless you can prove you have never missed a payment or that a your other half works and a DEO will be appropriate in this instance.

Kath_999

Blimey - I got the DP files remarkably quickly after requesting them in writing! Some, but not all, of the letters we've received over the years were in the DP Files.

Don't quote me - Yes the £43k figure is based on an IMA, the CSA have confirmed this, and we have already supplied the information they asked for to get it converted, 7 weeks ago. When the letter arrived today I thought it was the revised figure FMA we've been waiting for, but no, it was the court date for the LO hearing. We will ring the CSA tomorrow and ask for an adjourment based on the fact that we are waiting for them to come up with a FMA figure, you never know, they might agree! We will, of course, follow up the call with a letter, following the good avice on this forum!!

Cozworth806

If you can, try to speak to the presenting officer that will take the case to court and make them aware that you have submitted details for a reassessment. Ask them in the circs to consider an adjourment or even to withdraw the case until the reassessmnets have been completed as the amount they are claiming is not based on correct information.
If they don't/won't do that then you will have to either write to court ahead of time asking for the same thing, and if the hearing is a fair way away from you then you can ask for it to be moved to a mags court nearer your home.
If that doesn't work then he must attend and restate his case that he does not accept that he owes the money due to the reassessment that is still going through.

If you admit that you know the money even if you say "that you accept that you do owe something" then it is possible even likely that the LO will be granted.