Liability order from CSA

kelloggs36

There are instances where if you transfer the property to a partner then they can still deem you as having a legal interest on it as they look at when it happened.

Blob

Haveing an intrest is not the same as owning it, and as such no charge can be taken on an intrest.

I think that you may be trying to use the Marid Womans Act in which if the house is owned by your partner then you have a claim on that propity. Dont think anyone else would be covered by this! I would have though that any decision by a Court ob this point would not be sorted this side of the House of Lords!

kelloggs36

However, if it is proven that the propery was transferred at let's call it a coincidental time, then the transfer can be deemed to be nul and void.

pd001

kelloggs36 wrote: »

However, if it is proven that the propery was transferred at let's call it a coincidental time, then the transfer can be deemed to be nul and void.

Therefore act swift and early

Blob

Not if it actually sold and all of the documentation is there as well.

Loopy_Girl

Yes it can.

If it can be shown that the transfer was to avoid a potential charging order then it can be disregarded - documentation there or not.

catenorfolk

if you do sell/transfer the house to your partner whilst all of this is going on it is going to be obvious you were trying to avoid paying and this transfer can be over ridden. its classed as hiding assets. pointless and costly to do.

bdt1

Blob - our LO was heard in a magistrates court, we attended of course. But, the CCJ was performed at County Court we were'nt given chance to attend as unaware it was planned/happening and of course application for charge on property in a County Court.

So, all I wanted to clarify was what if any Court forms could be completed to help us, as we now have Tribunal pending and have been told by CSA Appeals our calculation is totally incorrect - only when we supplied evidence - have been telling them same for months

Blob

As I understand it, if you put in an application on form N245 there will then be a hearing and the Judge will look in to what you can afford to pay. He will then issue a Warrent to that effect, and there is not a thing the CSA can then do, as long as you keep to that order.

Again as I understand it this then means that any and all enforcment action has to halt, or the CSA is in contempt of the Court Order and that is then between the Court and the CSA. Personally my money is on the Court wining that one!