Liability order from CSA

Andie1970

Hi all,

Need a bit of advice on a Liability Order received today from the CSA.

My partner had been paying maintenance through the CSA.

Last August he became self employed and we waited for the CSA to catch up with us. It took them months to sort out his monthly payments and it left him with a debt of £556.40

We were unable to pay this so we asked for it to be spread over several months so we could pay monthly. They agreed to this and told us that while we waited for them to sort it we should pay the minimum monthly amount plus a few pounds on top to show that he was paying the debt off and to stop any court action being taken.

We did this and started paying an extra £5 to show we were clearing the debt. They then took him to court anyway and we now have a liability order for £556.40 which we still can't pay!

To add insult to injury we have now received the monthly payment plan but I guess that's now nul and void!

The letter today from the CSA is obviously very scary. Threatening baliffs, Prison or forcing us to sell our home if we don't pay immediately!!

I've tried speaking with the CSA now, but they won't talk to me which means I have to wait for my partner to come home before anything can be done.

I feel sick with worry, especially as we've been doing so well at sorting out our other debts.

What really upsets me is the bad advice given by the CSA in the first place!

Anybody got any thoughts?

Soubrette

Andie1970 wrote: »

Hi all,

Need a bit of advice on a Liability Order received today from the CSA.

My partner had been paying maintenance through the CSA.

Last August he became self employed and we waited for the CSA to catch up with us. It took them months to sort out his monthly payments and it left him with a debt of £556.40

We were unable to pay this so we asked for it to be spread over several months so we could pay monthly. They agreed to this and told us that while we waited for them to sort it we should pay the minimum monthly amount plus a few pounds on top to show that he was paying the debt off and to stop any court action being taken.

We did this and started paying an extra £5 to show we were clearing the debt. They then took him to court anyway and we now have a liability order for £556.40 which we still can't pay!

To add insult to injury we have now received the monthly payment plan but I guess that's now nul and void!

The letter today from the CSA is obviously very scary. Threatening baliffs, Prison or forcing us to sell our home if we don't pay immediately!!

I've tried speaking with the CSA now, but they won't talk to me which means I have to wait for my partner to come home before anything can be done.

I feel sick with worry, especially as we've been doing so well at sorting out our other debts.

What really upsets me is the bad advice given by the CSA in the first place!

Anybody got any thoughts?

Andie - do you know why the liability order is for the same amount of the original debt when you have actually been paying some it off?

You know this now but for the benefit if any body else reading, never wait for the CSA to catch up with you - always put money aside, personally, if I were self employed, I would probably put 12-20% of gross income (depending on how many chldren I have) aside in my tax bank account along with what I intended to pay for tax liabilities to HMRC and if it more than covers any CSA liability, well I've saved a bit of a windfall for myself.

I'm sure people with more experience than me will be along at some point today with some good advice, as some people don't have internet access at work

Try not to worry in the meantime - nothing is going to happen today (I know it's easier to say that rather than to do it though )

Sou

bdt1

Really sorry to hear your situation, but our LO was for 34k!!!!!!! Incorrect, but never the less.

It may be scary, but try and put things in perspective, you now have a LO and legally have 14 days to contest this, but in real terms, the costs you would incurr are probably higher than the LO itself (unlike our scenario).

Following a LO, the CSA will refer your case to bailiffs, apply for a CCJ etc etc, but in your case this may (probably will) be beneficial as the bailiffs are in general more accomodating than the CSA. You will in the majority of cases be able to negotiate repayment terms which are so much more affordable to yourself with a bailiff than you ever will with the CSA. Just bear in mind what others state regarding bailiffs, when you get notification from them, ensure all access to your property is locked at all times, never invite a bailiff in, discuss matters at another location or telephone them, and if you have a car, think about who is the registered owner/keeper.

You will get through this, we have/are been going through similar except our figures are much higher, so just PM me if I can help at all.

Andie1970

Thanks for the reassuring advice.

I had all sorts of worse case scenarios going through my head but feel better knowing that we will be able to negotiate with the baliffs.

Andrea

blimey40

You need not to be afraid or scared. Difficult to know your particular case, but its scared tactics used. They will go through every route to get you to pay up in full and its normally mentally cruelty which puts you through anguish and turmoil. They work on the perception that all NRP's try and neglect responsibilites, yet that is not true.

If I was you , I would seek some legal advice. They tend not to be so forceful when legal teams are involved and helping your case, The CSA will play on your naiveity, as you probably have not had to deal with issues like this in the past.

Blob

Hi

Sorry to hear your probs. You could always take the fight to them and remove the power to take any further action against you!

All you need to do is go the the Court web sight and get form N245. Make this application and take all the accounts and evidence you have to show that you are broke, and the Judge will then set how much you pay. As for the CSA they will bounce of the wall as there is then nothing they can do as long as you keep to the order.

Hope this helps.

bdt1

Blob, would just like to ask, this form will pertain to a MAgistrate Court - where a LO would be issued? What steps if any could be taken toward the County Court for CCJ/Charge on property application - would same form apply or not?

kelloggs36

The orders you state above do not relate to payments you can afford - the charging order secures the debt in that if you sell up and move, the equity can be used to repay the debt. A CCJ just puts a record on your file that you have not paid but you owe the money.

pd001

bdt1 wrote: »

Just bear in mind what others state regarding bailiffs, when you get notification from them, ensure all access to your property is locked at all times, never invite a bailiff in, discuss matters at another location or telephone them, and if you have a car, think about who is the registered owner/keeper.

Agree about the comments regarding the car and also access to your property.

Think very carefully if you are the registered keeper of a vehicle.
Remember that if you are actually the owner of a vehicle you can sell if to whoever you like, for whatever sum you choose.

If you still wish to drive said vehicle after you have sold it then make sure that any insurance that you have is still valid.
Some, maybe most insurance policies insist that the person insuring the vehicle is also the registered keeper.

Blob

bdt1 not sure as I understand it, and I may be wrong, it is heard at a County Coourt. Personally that is where I would take it in the first place!

pd001. For insurance if you tell them it is in your other halfs name but that you are insuring the ca there is no problem. As for selling it you can as you say sell anything for any price, remember that an item is only worth what someone will pay for it. So if you sold your house to your partner for the amount of the mortguage, there is no equity to be split. Result no money for the CSA, they can then yell as much as they like, but it wont do them much good!

pd001

pd001. For insurance if you tell them it is in your other halfs name but that you are insuring the ca there is no problem.
Not always the case!
Most insurance companies do insist that the person insuring the vehicle is also the registered keeper.
But you can have a named driver on most vehicle insurance policies....for a fee of course!

As for selling it you can as you say sell anything for any price, remember that an item is only worth what someone will pay for it.
Agreed

So if you sold your house to your partner for the amount of the mortguage, there is no equity to be split. Result no money for the CSA, they can then yell as much as they like, but it wont do them much good!
Crikey....I wasn't suggesting anything like that at all!
A house is a totally different kettle of fish! Much more paperwork and legal stuff involved. Waaaay to complicated in this instance