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CSA Want to send me to court

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Comments

  • jando
    jando Posts: 20 Forumite
    AsknAnswer wrote: »
    They can't take anymore than 40% of your net as far as I am aware with CSA2.


    I have checked my wage slip and have worked out they are taking 43% which is more. Im not sure which i am on CSA1 or CSA2
  • jando
    jando Posts: 20 Forumite
    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.........

    I don't own my property it council so they can't take that, most of the stuff in my house now is what my partner bought with her and so they have nothing to take of mine.
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    jando wrote: »
    I have checked my wage slip and have worked out they are taking 43% which is more. Im not sure which i am on CSA1 or CSA2

    Doesn't matter which you are on.
    If they are taking payments direct from your wages, using a DEO, they cannot take more than 40% of your net take home pay.
  • jando
    jando Posts: 20 Forumite
    Blob wrote: »
    Just remember that they can say what they like but the 2 year thing is twaddle, it has no standing in law end of. If thay ask you to take a loan out or to put it on your credit card, ask for this in writing as it is unlawful. Once you have it ask to go to Court and produce this as evidence and then sit back and let the Judge fly, unless they have personally got a CCL then he may even lock them up for thier troubles!

    The letter i had from them states that i can pay my debt in full within the next 7 days and can pay by credit or debit card over the phone ( there having a laugh )
  • jando
    jando Posts: 20 Forumite
    Blob wrote: »
    It has failed in Court as it has go grounds in law. The law states that there is no time set to recover arrears as this may hinder the amount that is repaid!

    That is in a letter from the SOS in person to my MP!

    They shot themselvs the foot one this one, not a supprise to anyone that has read the law on tis subject. The CSA have on record stated that Ihave access to volumes of the law, and anyone tht deals with me should baear this in mind!!!

    I have spoke to the CAB and my MP for advice and none of them can help me, My MP just says it has to be paid, i know that and am not shying away from paying it just seems far to much what there asking per week.
  • jando
    jando Posts: 20 Forumite
    Blob wrote: »
    I think you are talking about the White Paper and the Operational Plan, neather of which is legislation.

    The OP is policy and as such has no standing in law, and I have been present when this was explained to the CSA by a Judge.

    The White Paper may be made into an SI, this is yet to happen to the best of my knowledge.

    Yes they are trying to enforce it but it can be countered very easily by Court action on the part of the NRP, all you need is Form 245 and a Court date, the rest is up to teh Judge, once you have the warrent issued by the Court, then there is not thing one that teh CSA can do to enforce the Arrears.

    If the 2 year steer was in legislation this would not be possible.

    How long do i have to wait for a court date , have you any idea?
  • jando
    jando Posts: 20 Forumite
    Blob wrote: »
    It is that you should be left with £30 a week more than if you are on JSA and there are other bits as well. I got it in a letter from the SOS as a written answer to a written question from my MP. I will look it up, it may take some time, but I willl find it.

    What is JSA ?
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    jando wrote: »
    The letter i had from them states that i can pay my debt in full within the next 7 days and can pay by credit or debit card over the phone ( there having a laugh )

    Have you really had that in writing?
    If you have then you are the only person that i know of on this forum who has managed to get this in writing from the csa

    Can you post the exact text, leaving out all of your personal details of course?
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    jando wrote: »
    I have spoke to the CAB and my MP for advice and none of them can help me, My MP just says it has to be paid, i know that and am not shying away from paying it just seems far to much what there asking per week.

    Who is your MP? Is your MP a labour MP by any chance?
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    jando wrote: »
    What is JSA ?

    Job Seekers Allowance maybe?
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