Csa/Bailiff advice please

ellasmommy

Hiya, ive tried googling but i am just clueless on this matter.

Basically, my moms partner has been paying for his kids but built up arrears when he was out of work etc. Its approx £7k

Since working the csa have been bugging for upping payments til this point where they are taking half his wages straight out his wage packet and after bills he hardly has any left to himself.

They got a liability order early this year & now he has had a letter from Marstons saying the are sending bailiffs within 7 days.

My mom phoned them saying he cant spare any more money as he is already paying csa half of pay packet - which they seemed surprised at - and my mom is obviously concerned at all her stuff in her home which is all hers.

Just wondered what she should do next? Ive read about doing a Statutory Declarement or something like that to declare all her assets are hers.

Really bugs me as he is paying as much as he possibly can approx £450 a month. Wont they just accept that?

Also even though CSA take that direct from pay packet would Marstons be aware of that? Bit concerned that that amount isnt going off his total with them?!

Sorry i havent got finer details at hand. Just need some advice for them as my mom does it all for him as he is the type to bury his head in the sand! :rolleyes:

karenx

Was he claiming JSA or any other benefit when he wasnt working? As its only £5 or £10 max they take when your on JSA. So he shouldnt have arrears of 7k!!
Also, why is he paying her so much? I didnt think they could take 50% of earnings I thought most was 30%

missy_uk

karenx wrote: »

Was he claiming JSA or any other benefit when he wasnt working? As its only £5 or £10 max they take when your on JSA. So he shouldnt have arrears of 7k!!
Also, why is he paying her so much? I didnt think they could take 50% of earnings I thought most was 30%

they can take up to 50% if the absent parent isn't co-operating

BUT if he wasn't working he shouldn't have debt of 7K

tell them to seek legal advice NOW :eek:

ellasmommy

I think he was claiming JSA although it may have been changes of addresses before he was with my mom and him not getting in touch with them that built up the arrears. As i said, he is the type of guy to ignore it all unfortunately.

He pays that much cos they kept threatening and threatening to want more and more so i suppose it was fear of the threats.

But surely because he is paying so much they should accept that he is trying and no other way to pay more?

I just dont know how to advise them on which way to go with it. My mom really doesnt need the stress of bailiffs turning up.

bdt1

We been through similar thing.


Ok don't panic, the bailiffs will call, but make sure all doors and windows are locked and do not let them in under any circumstances. If the NRP will/wants to communicate with them make sure this is done away from the property, and under no circumsatnces admit the debt. Also if he owns a flash car, it may be worth considering who the legal owner is.

You could have made a statutory declaration, but I belive it is too late after a Liability Order has been granted it needed to be done beforehand.

You will probably find that the bailiffs are more flexible regarding payment plans than the CSA, but if this doesn't work out, after they have visited your property 3 or 4 times and had no success they refer it back to CSA, at that point CSA will proceed with CCJ for the debt, but once this is done at County Court, you can submit form N245, and attend hearing in front of Judge regarding payment scheme, as long as you are reasonable, and provide evidence of outgoings etc, this is normally much better option and CSA do not like it as they can't do thing about it.

If he rents his home, it would be preferable if it is furnished, he can provide proof to bailiff, if co-habiting, or things in partners name only, again may be worth a shot submitting this to bailiff.

ellasmommy

Thanks for that. I know its only procedure but what is the point of going through courts etc to end up doing the same thing as he is now - paying as much as possible?! Argghh.

He has no car, the property is rented in my moms name. He really has no assets apart from the clothes he has and basic things like that as everything in my moms was already there when he moved in & everything is hers.

Thanks for the advice. Is there nothing to do then now apart from just wait for the bailiffs to turn up?

sfm82

This link has a letter from Martsons demanding payement from the NRP it tears the letter apart and even highlights some breaches in the law http://www.deadbeatdadsassociation.co.uk/index_files/Page2652.htm
this website honestly is an invaluable resource in what you should do in these kinds of dire situation when the CSA is effectively leaving you with nothing-which they do not have the right to do.

Give it a read!

bdt1

Sorry but not really, if they start sending yu letters saying they have authority to remove locks and enter the property, just ignore them, they are breaking the law by even suggesting it. They can only enter if you let them in or leave a door/window open.

We been through same, so just maybe await County Court, also don't know your circumsatnces but have you appealed against the decsion/assessment?

ellasmommy

No appeal, they just accepted it.

CSA is a blooming disgrace.

Thanks for the link above, very interesting!

blimey40

Depends on whose house or flat it is, they have no right going into the mums address if he does not reside there or on council records.

They can only take anything in his name.

In regards to the the arrears, cannot see how 7k has accumulated, this must be the NRP had not told CSA of change of circumstances prior, otherwise they would simply charging the rate off the JSA allowance. This may be tricky to change and you wil need proof that JSA was being paid weekly.

Baliffs and CSA in particular know the law and in many ways bend the rules or go as far at they can go. They prey on your lack of knowledge to put the friegteners on you and threat all sorts of things. I most cases it works, but I suggest stand your ground with them.

pd001

missy_uk wrote: »

they can take up to 50% if the absent parent isn't co-operating

No they can't...

The most that the csa can take, under a deo, is 40% of a persons net take home pay. That is the absoloute maximum that they can take