We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Liability Order-what now?
evie451
Posts: 364 Forumite
The saga continues.......:rotfl:
Well my NRP is getting himself into more and more trouble, yesterday was his second hearing for the liability order....Its taken a while to get to this stage as it was first applied for in December but he tried everything including not picking up the court papers from the post office and refusing delivery from the Sheriff Officers!
Unfortunately for him he hasn't appreciated that although he did pay some arrears off in January that the agency would still go for an order just for a different amount, I think he thought that as there was an amount on the papers originally that if he paid it they would have to start all the rigmarole over again giving him more time....
But as he is MD of the company and has not implemented his own DEO the agency felt that this was the safest course to secure collection. Now i know what they can do in these circumstances but what will they do? He is non compliant and in his case this means he has just point blank refused to pay, his company is also presumably open to prosecution in criminal court for not implementing the DEO? It has taken such a long time to get to this stage that i need someone to tell me what might happen now? are there any actual consequences for him? does it affect his credit?
Well my NRP is getting himself into more and more trouble, yesterday was his second hearing for the liability order....Its taken a while to get to this stage as it was first applied for in December but he tried everything including not picking up the court papers from the post office and refusing delivery from the Sheriff Officers!
Unfortunately for him he hasn't appreciated that although he did pay some arrears off in January that the agency would still go for an order just for a different amount, I think he thought that as there was an amount on the papers originally that if he paid it they would have to start all the rigmarole over again giving him more time....
But as he is MD of the company and has not implemented his own DEO the agency felt that this was the safest course to secure collection. Now i know what they can do in these circumstances but what will they do? He is non compliant and in his case this means he has just point blank refused to pay, his company is also presumably open to prosecution in criminal court for not implementing the DEO? It has taken such a long time to get to this stage that i need someone to tell me what might happen now? are there any actual consequences for him? does it affect his credit?
Every Penny's a prisoner :T
0
Comments
-
evie451 you are not alone I am in the simular situation. My NRP is on his 6th Liaility Order!
From my experience with the CSA they are securing the debt through the courts. Yes, LO do get registered with Credit Reference Agency. If the NRP own any property I suspect that they will persue a Charging Order, if he tries to sell the property then your debt will have to be settled out of the proceeds, then go for Forced Sale after the Charging Order has become final. This all depends whether there is equity in the property and the amount of debt owed.
You need to speak to your caseworker to find out what route they are considering and the timescale to expect. Call them every 2 weeks for an update and write down everything you are told when you speak to them and by whom.
They can consider committal to prison also!
The only downside to the above actions, the judges my accept a very unrealistic repayment for the arrears only and you may not get a lump sum. However, one missed payment and it will be back to court for either forced sale action or committal to prison for 42 days! But the debt will still stand.0 -
You say one missed payment but the reality is that it takes months to get back to court - mine took over a year of missed payments!! However, all was not lost as I got a lump sum in the end as he remortgaged rather than went to jail!0
-
proudsinglemum wrote: »evie451 you are not alone I am in the simular situation. My NRP is on his 6th Liaility Order!
From my experience with the CSA they are securing the debt through the courts. Yes, LO do get registered with Credit Reference Agency. If the NRP own any property I suspect that they will persue a Charging Order, if he tries to sell the property then your debt will have to be settled out of the proceeds, then go for Forced Sale after the Charging Order has become final.
Do they really????? Is that right??0 -
No, I'm pretty sure that is not correct.0
-
-
Loopy_Girl wrote: »No that's not right - they absolutely do not. The only thing that would get registered with CRA is a CCJ (or decree in Scotland)
Thanks..I didn't think it was correct so just wanted to be sure0 -
proudsinglemum wrote: »Yes, LO do get registered with Credit Reference Agency. .
Not true!! As we now all know
Thanks to Loopy Girl for clarifying the point0 -
oh I was hoping it would come up in a credit search on him, that way it his idiocy has some consequences in the future!
He has only been to his lawyer and said that he is willing to pay the maintenance to me direct but i would need to call off the CSA first. He won't pay his arrears though he still needs to 'agree' them as he puts it :rotfl:
He honestly thinks that i will enter into a private arrangement with him!! i tried it twice last year, guess what..... no money surprise surprise :rolleyes:
The problem is the easiest asset is the house he lives in at the moment and that is likely to get given to me lock stock as part of our settlement so no joy there but he has several cars and a few bank accts they can go for so you never know!!Every Penny's a prisoner :T0 -
just let it go through the csa, he wont ever pay you privately, if he was going tohe would have done it before now!!!0
-
oh i know lol! the gall of him though after not paying for over a year.....then it starts to get a bit embarrassing in front of his fellow directors and employees so i have to stop it
Every Penny's a prisoner :T0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.5K Banking & Borrowing
- 254.2K Reduce Debt & Boost Income
- 455.1K Spending & Discounts
- 246.6K Work, Benefits & Business
- 603K Mortgages, Homes & Bills
- 178.1K Life & Family
- 260.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards