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Freezing Of Bank Accounts?

Am I right in saying this only happens if you fail to keep up payments on arrears, and that they cannot go straight to that if you discussing how much you owe and how much you need to pay weekly? As long as you are in communication with them regards a penalty assessment they have set, they cannot take this action?

I don't own any property, so a charging order will be no use.

Comments

  • Blob
    Blob Posts: 1,011 Forumite
    Once they start they will keep going sorry and all. They have to get a LO first, and what they tell you and what they do are 2 different things in my experianc of these people.

    You can always cap what they can do and try to remove the power that they have throught the Courts. The form you will need is N245. You can either grt it off the web site or go to your local Court. Make this application and then the Court will tell them what they can take from you, they hate this as they then have to stop all action against you, but you will have to live by the Order, or so I am told!

    Hope this helps.
  • jacklink
    jacklink Posts: 778 Forumite
    why not get your wife or partner or parent(s) to open an account in their name for you for you to use, they cant touch it then
  • Blob
    Blob Posts: 1,011 Forumite
    However if you apply to the Courts and get a Court Warrent then there is no need as like it or not the CSA will have to abide by that Warrent, end of!
  • blimey40
    blimey40 Posts: 573 Forumite
    Problem is this figure is a penalty assessment and well over the figure it should be
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    blimey40 wrote: »
    Am I right in saying this only happens if you fail to keep up payments on arrears, and that they cannot go straight to that if you discussing how much you owe and how much you need to pay weekly? As long as you are in communication with them regards a penalty assessment they have set, they cannot take this action?

    I don't own any property, so a charging order will be no use.

    It is only used when other methods have failed, ie you fail to acknowledge them, you fail to make an agreement with them and then fail to make the payments. If you make payments under an agreement, then they won't do it at all.
  • Blob
    Blob Posts: 1,011 Forumite
    So I had an agreement, the CSA then broke it so they could apply for the LO and we arew now fighting it out in the Court of Appeal, and there will be a Court Warrent in place as well, this is all because the CSA broke the agreement.

    Get the Warrent and then let them fight it out with the Court, they will loos!
  • blimey40 wrote: »
    a penalty assessment they have set,

    I dont know what a penalty assessment is, perhaps you can elaborate because English law says there is no penalty without trial.

    If the penalty is still in force and has not been ordered by a court, then go and sign on for Jobseekers Allowance. That will stop any assessment along with any fines you are paying off. If the CSA refuse to accept you are on JSA then you can appeal and it will be backdated to the date you signed on.
    blimey40 wrote: »
    they cannot take this action?

    You can open a bank account over in France using your English address. French law says unless the money is used to fund crime, bank accounts cannot be subject to detournez (Embezzlement) by a foreign authority.
    I don't own any property, so a charging order will be no use.

    You can lawfully own a property in France and there is no legal mechanism to register a charge on it. Property ownership in France doesnt work like that. Use the rental income to pay for accommodation in the UK, you will be quite safe.
  • blimey40
    blimey40 Posts: 573 Forumite
    The penalty assessment has been imposed from 1997.

    In 2008, they sent a letter confirming 3 years overpayment (sum had been accumlating all the time) and pay £36,000 within 7 days, LO served. later reduced to £19,000 based on not going pre-july 2000.

    Baliffs letters followed.

    They admit, they have not sent a letter in 11 years.

    My daughter is 24 this year.

    says it all
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    HOw much info have you sent to get the IMA converted to an FMA?
  • blimey40
    blimey40 Posts: 573 Forumite
    Extensive, waiting for reply. Would imagine they have to convert to a much lower figure

    Help of soilcitors and lets see what happens.

    hard going back to 1997, though.

    A big query over the MEF too, they never sent to correct address. All that is being proved.
This discussion has been closed.
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