Advice on liability order hearing

Light_Speed_Cruiser

I have had a flood of PM's asking what an NRP can to do when they are going to have a liability order issued against them.

This is 100% legal but always get professional advice.

Fact: You CANNOT defend a Liability order. Section 34(4) of the Child Support Act 1991 prevents a court challenging the assessment.

There is NO POINT turning up at court, you are only acknowledging the CSA and verifying receipt if you attend, and the Court Presenting Officer will write down everything you say. Instead, focus your efforts on protecting yourself from the Liability Order then get the assessment corrected.

NEVER speak to the CSA by phone and never confirm (or quote) your date of birth or postcode etc. If the CSA phones you, just say: Data Protection Act - the caller’s identity cannot be confirmed and politely end the call. If the CSA is making nuisance telephone calls causing you undue distress then get advice on applying for a restraining order under the Protection from Harassment Act 1997.

When the Liability order is granted, enforcement can be bailiffs, bank arrestment or a Charging Order. You must batten down the hatches.

Bailiffs. There is NO LAW obligating you to do business with a bailiff or pay his fees. Provided you never let them in or give them access to your goods, there is nothing legally a bailiff can do other than return the case back to CSA unpaid in 90 days (might be 180 days).

If you have a spouse or partner transfer your motor vehicles in their name by completing Part 6, and sign Part 8 on Form V5C and post it to DVLA Swansea SA99 1BA. That stops bailiffs seizing them. No need if they are on finance or a trade vehicle used in the connection with your business.

If a bailiff calls, chain on the door, or keep the door locked shut at all times! Never confirm your name and ask them to quietly leave. Always ask them their name and which court issued their certificate, take their picture with your mobile. If they cause a disturbance or threaten you with a locksmith, call police reporting an offence of Going Equipped to Commit Burglary, if possible get everything on video. Chain stays on the door until the bailiff is a safe distance from your property. Bailiffs cannot commit Breaking & Entering or threaten you with a locksmith. Example: http://www.youtube.com/watch?v=sBRbXOoYpFM

Signing on JSA among other things stops bailiff enforcement. Learn more: http://www.dca.gov.uk/enforcement/agents02.htm#part10

Bank seizure. The Child Maintenance and Other Payments Act 2008 is nasty! The CSA can seize bank accounts. You can stop using your accounts and move transactions to somebody elses account. DO NOT open any new bank accounts.

Charging Order. The CSA can register a legal charge on an interest you hold in a property. You must transfer it BEFORE the date of the liability order hearing date. Visit http://www.landreg.gov.uk/ download and complete a Form TR1 (seek advice) keeping the mortgage and all debts in the NRP name. Land Registry has a good public helpline but remember they are civil servants, CSA is a taboo word.

Now start work on correcting the assessment. You must quickly as possible traverse the CSA appeals procedure first http://www.appeals-service.gov.uk/. Build your case summary detailing why the assessment is wrong with the least amount of communication with the CSA. Speak to an advice agency or a Child Support solicitor who can strengthen your case before making an application with the Tribunal Service http://www.tribunals.gov.uk/.

Kath_999

Thanks for the advice, that is such a huge help. I didn't know we could transfer the property into just my name but keep the mortgage in joint names, I'll look into that. Thanks again, big help.

blimey40

Have to say, thats pretty much spot on based on what I have gone through. We could argue all day about the rights and wrongs, but in some cases NRP's are being caught up after many years of miscalculation and finding themselves after many years having letters through the door, notifying of debt they knew nothing about.

Look, many fathers that abscond deserve to pay it back, but in many cases these arrears have escalulated due to the incompetence of the CSA. They had years to use the rights of liability orders, but never used them. They are now going way over the top with demands of high amounts to be paid back within 7 day letters. When this fails they use the 2 year rule, which has no legal backing. I can only advise anyone in difficulty must see either NACSA or hire a solictor. I know today from the DP files, that from 1996 to 2008 only one letter was sent in 2000 notifying a NIL assessment. In 2008, 12 years after any previous letter a demand of 42,000, which has been already revised to £16,000 and my solicitor has not even seen the figures yet.

Thats bad administration to say the least

blimey40

The question I must ask is this.

A liability order gets served, at appeal its clear its wrongly calculated.

if no liability order cannot be appealed against, how can the figure be revised?

Light_Speed_Cruiser

The Tribunal sets a new amount to be paid or will zero the amount. It can still be done after CSA enforcement has taken place.

If you have paid a bailiff then all monies and goods are recoverable, and you may need to have a loss adjuster value the goods seized.

If a charging order on your house has already been made then you can ask the Tribunal to vary the charge or set it aside. You could do it yourself using Form N244 and EX160 (fee remission) and always ask for costs because you won't get them automatically.

If the CSA end up owing you money the Tribunal will set a date the CSA must pay.

If the CSA failed to follow legislation or its own regulation when making an assesment and you suffered a financial loss as a result, you can claim damages. This is different from 'compensation' awarded by the CSA.

blimey40

At this stage, No baliff have taken any goods and I don't own a property. They tried to use the baliffs, buit its not my home and now CSA know it.

I have a solicitor awaiting a breakdown, then I guess we will sit with them.

Still amazes me that the CSA can go to court with a figure which has no breakdown in the first place. But aye.

Light_Speed_Cruiser

The Magistrate doesn't need to know how much is owed or why, the CSA is asking the courts permission to enforce the debt - nothing more.

Don't bog yourself trying to defend a Liability Order, get the assessment sorted and escalate your case to the Tribunal Service as rapidly as possible, you DO get a fair trial at the Tribunal, you dont with the CSA internal procedures, they'll try and cheat you of money at any opportunity.

There is no better satisfaction seeing the CSA having its case ripped apart by the Judge and you could be the one laughing all the way to the bank.

marksoton

[QUOTE=Light Speed Cruiser;20038985

If the CSA failed to follow legislation or its own regulation when making an assesment and you suffered a financial loss as a result, you can claim damages. This is different from 'compensation' awarded by the CSA.[/QUOTE]

Are you referring to a commissioners decision ?

Light_Speed_Cruiser

Its the administrative court that makes the award. You need to traverse the CSA compensation structure first and that only pays buttons at best. You will need a solicitor but you do get your costs well & truly paid. I skipped the CSA part because they told me cannot appeal so I instructed lawyers.

I heard nothing from legal for years, only complaints from friends that bailiffs were looking for me demanding money and threatening me with prison. I didnt even know I had a court date until a week before, it was a big surprise and I had resigned myself.

Check your home insurance policy, the legal protection element can get you a solicitor, you will probably get Irwin Mitchell and they appoint a specialist lawyer who is expert in CSA negligence. If you are on a low income try legal aid. I was fortunate to have a top London firm who continue to represent me for the remainder of the case, but its frustrating getting years of silence, but rest assured there is motion in the background.

You need legal representation because the range of damages is complex, it can include financial loss from negligence, causing embarrasement and humilliation (sic), vexatiousness, distress and misfeasance to name a few. You have a bigger award if the CSA fails to admit its mistake, lie to you (in my case, saying I cannot appeal) or fails to comply with a courts direction.

I am told the parliamentary ombudsman is a good route but as am based in the Philippines an MP will only work for a constituent.