CSA Want to send me to court

jando

The csa have asked for 40% of my wages, which is £89 This is to pay my debt back over 5 years, now they have sent me a letter saying, This is not enough they want more per week so that it is payed off in 2 years is this right can they do this ? I take home £20 each week after paying my rent and council tax, then i have to pay the bills out of that plus food and what else i need, They have also threatened me with court and mentioned sending in the baliffs.but i have tele them and said they will have to take me to court i cannot afford to pay anymore,
My daughter is now 23 i would have thought it was too late for them to ask for it ? as her mother had all the relevant money from the social when we split ( we were not married) so i would like to know who gets the money now she is 23.? I now have a partner who has lived with me only for 6 months and her son, she only works part time i don't feel i should expect her to pay. She pays towards the houshold but it still leaves us short at the end of the week. we are struggling now i don't now what we would do if they are allowed to take more.
I am 57 is this so it will be payed off before i retire?.

AsknAnswer

They can't take anymore than 40% of your net as far as I am aware with CSA2.

shell_542

I'm not 100% but I'm pretty sure the CSA cannot take more than 40% of your net earnings a week ... that's on the new system CSA2. Are you classed as on CSA1?

Do not ring them anymore. Write to them, keep a copy of all correspondence and send it recorded delivery so you have proof it has been received.

Hopefully someone will be along soon with more advice.

CMAC_2

shell_542 wrote: »

I'm not 100% but I'm pretty sure the CSA cannot take more than 40% of your net earnings a week ... that's on the new system CSA2. Are you classed as on CSA1?

Do not ring them anymore. Write to them, keep a copy of all correspondence and send it recorded delivery so you have proof it has been received.

Hopefully someone will be along soon with more advice.

40% is max they can take from your earnings however they can use dual action ie liability order than bailiffs to recover more.

pd001

shell_542 wrote: »

I'm not 100% but I'm pretty sure the CSA cannot take more than 40% of your net earnings a week ... that's on the new system CSA2. Are you classed as on CSA1?

Do not ring them anymore. Write to them, keep a copy of all correspondence and send it recorded delivery so you have proof it has been received.

Hopefully someone will be along soon with more advice.

Agree with the above..do not ring them at all. Only deal with them in writing and by recorded delivery etc

It doesn't matter wether you are on CS1 or CS2, they cannot take more than 40% of your net take home pay when they are using a deo to extract payments direct from your wages.

The two year thing is merely a 'steer' for them to collect arrears, it is not written in stone. However they do try and push this repayment period.

My advice to the OP would be to let the CSA take you to court.
If you really do only have £20.00 per week to live on?.., then the court may look upon you more favourably than the CSA and may (probably will) allow all sorts of stuff that the CSA do not take into consideration when calculating payments.

You may find that you will be a little bit better off, because when the court sets a payment schedule the CSA has no option but to go along with it.

Nothing guaranteed though and legal advice should probably be sought if they do decide to take you to court

HTH

pd001

CMAC wrote: »

40% is max they can take from your earnings however they can use dual action ie liability order than bailiffs to recover more.

As the OP states that they are only left with £20.00 per week to buy food and pay bills, then maybe the OP would be better off ignoring the bailiffs if parallel action is started, and letting the csa take them to court?

If the OP ignores the bailiffs and doesnt let them anywhere near property that he/she owns then the bailiffs will pass the case back to the csa and they will then probably take the OP to court.

Just a thought.........

CMAC_2

pd001 wrote: »

As the OP states that they are only left with £20.00 per week to buy food and pay bills, then maybe the OP would be better off ignoring the bailiffs if parallel action is started, and letting the csa take them to court?

If the OP ignores the bailiffs and doesnt let them anywhere near property that he/she owns then the bailiffs will pass the case back to the csa and they will then probably take the OP to court.

Just a thought.........

At present the Commission need to go to court to get the liability order to isnstruct the bailiffs in any event. As from next week however they dont need a court order to empty a bank account.

But yes I agree with you if they can get past the bailiff stage into the county court they would be able to state there means

the_drifter

they said to me to pay increased amounts to clear my arrears debt within 2 years. I said that I could not afford to at the moment and asked them to re-review after 6 months. They never did re-review what I was paying and so I continued to pay the same amount. Worked out that I will repay my arrears in about 2.5 yrs

pd001

CMAC wrote: »

At present the Commission need to go to court to get the liability order to isnstruct the bailiffs in any event. As from next week however they dont need a court order to empty a bank account.

But yes I agree with you if they can get past the bailiff stage into the county court they would be able to state there means

So maybe another point for the OP......
Make sure that you have NOTHING whatsoever in your bank account, just 1p overdrawn should do it.
By agreement with your bank of course! Never go overdrawn unless it is agreed with your bank

As with everything to do with the CSA, think it through first and do what you think is best for all concerned.

pd001

the_drifter wrote: »

they said to me to pay increased amounts to clear my arrears debt within 2 years. I said that I could not afford to at the moment and asked them to re-review after 6 months. They never did re-review what I was paying and so I continued to pay the same amount. Worked out that I will repay my arrears in about 2.5 yrs

That has worked well for you then, well done.

However the Op has said that it will take about 5 years for them to pay off their arrears.
I wouldn't mind betting that the CSA want their money in a lot less then 5 years.

CRANKY40

As well as the 2 year steer, they are making sure that any arrears that will take longer than 2 years to pay are also backed up by legal action i.e. if the person with arrears loses their job or goes self employed, there is already legal recognition of the debt (liability order) in case it has bypassed the date for legal enforcement action whilst payment of the order from wages was happening.

Incidentally, if your ex received money from "the social" to bring up your children, then this is where the money will be paid back to.