Eversheds CSA hassling us again for arrears

ANNIEHAHA

We no longer pay CSA because we dont earn enough money

Our arrears are £7700 and we have been paying £50 a month for over a year

they have recently wrote to us wanting more money, we sent all our direct debit bills and bank statements to them (which shows how much trouble were in by the overdrafts alone with credit cards on top)

they have wrote back asking what a couple of things are on the statement which were payed in, they seem so prying and we really cannot afford the £50 were paying now (we earn £16,000 per year with 2 kids of our own)

I just wondered if they can send in baliffs without it going to court because we are worried that they may take the car i use to work and the van my hubby uses to see his son and work

we would be happy to have a charge on the house but it seems we have no choice in their action is this right?

the child is now 14 and it seems there stressing us now cos she only will have benefits for the next couple of years
however this is an old debt from 1996- 2000 we payed from 2000-2003 until our income dropped dramatically

claire1234

as long as you pay something they will get off your backs,
we had letters from eversheds all i did was set up a standing order to them of what i could afford the standing order has been running for a few months now and they dont hassel us or anything,

i just turn it around and say at least they are getting something,

perhaps you could go on the debt free board and they could help more.

blimey40

They should not be chasing debt pre July 2000. Agree with the above, pay something if the debt is owed for after that. They have to seek a liability order for the money, then baliffs can come around. Sometimes it is used as a scare tactic for you to contact the CSA directly

CMAC_2

Eversheds have won the government contract to collect old debts and have the power now to put in place a DEO to recover pre 2000 debt at 40% with out returning the file to the CSA.

From 1st June 2009 the trial to deal with force sales of property has also ended and 5 law firms including eversheds will now be instructed to force the sale of nearly 7000 second homes which are subject to a charging order

kelloggs36

That is interesting CMAC. I wonder how many will actually go through.

Blob

If you look in the 'White Book' that govens the Courts, then second homes are fair targets, for only homes then it is a very different matter.

CMAC_2

kelloggs36 wrote: »

That is interesting CMAC. I wonder how many will actually go through.

I know of seven actual listed. And one primary home where the court has granted the order but the individual actual settled before the deadline.

CMAC_2

Blob wrote: »

If you look in the 'White Book' that govens the Courts, then second homes are fair targets, for only homes then it is a very different matter.

As rule you were right it was dificult but there has been a real mind change of late

catenorfolk

""From 1st June 2009 the trial to deal with force sales of property has also ended and 5 law firms including eversheds will now be instructed to force the sale of nearly 7000 second homes which are subject to a charging order""

That is brilliant news CMAC, thanks!!

Blob

How ever much they might try all you have to do is refer the Copurt to the rules in the 'White Book'. The Judge is bound by these, failour by a Judge to follow these is grounds for an Appeal.

There are I think 9 subsections on Charging Orders and they all have to be met before a Sale Order can be issued.

bdt1

Blob, where could I find this Court White Book info.

We have 'on paper anyway' a 2nd home it has been an albatross around our necks, we are not loaded with money, but scenario is, we were all set to move home, our property sold, week before move in date, sale fell through, property we buying tricky as sellers moving abroad, got tickets etc. So, as hubs self-employed we got self-cert mortgage on new home and have for past 3 years on and off had dodgy tenants or tried selling 2nd property. Mortgage is £142k on it, last attempt at a sale was seeing offers of £120-£130k, so big deficit. We now have tenant in but her rent doesn't even cover the mortgage, we want to avoid reposession as again we will be chased for the negative equity once it wa sold at auction.

SO, going back to original thread, as CSA are in our case, applying for chargeson our family home and 2nd property would they really try and sell oter property in these circumstances - other factor is that our tenant is a single Mum with 2 children, so they would be making another CSA case and her kids homeless, even though no money could be made from a forced sale - if we get this far, just hope any Judge involved sees the common sense. We would be happy to sell if there were any equity but just seems to be silly when theres no money to be gained for any of the parties involved.