CSA Want to send me to court

Blob

Hi Jando

The Court Date you are talking about, what is it for? If it is the CSA that are taking you to Court then when they have put the papers in you will be told.

If it is for a Form N 245 they will have to send the papers out and wait for the answers so pos 3 to 4 weeks, but it depends. Though once the Court has sent out the papers eveything else will have to stop untill the case is heard.

JSA is Job Seekers Allowance.

CMAC_2

Blob wrote: »

The legislation is SI 1992/1815 section 28 I think, if it is not come back and I will look it up,

Under Form N 245 the Court will basicly tell the CSA what they can have and LO in place or not, once the Warrent is issued by the Court the CSA are stuck with it and as I understand it can take no further enforcment action as thier hands are tied. The cost for the application is £35.

Hope this helps.

This is taken from Collection and Enforcement Regulations 1992. This appears to be the legal authority for the two year rule. This allows the Commission to put policy in place to allow it to formulate arrears repayments. 2(b) refers to schedule of payments.

Notice to liable person as to requirements about payment
7.—(1) The Secretary of State shall send the liable person a notice stating—
(a) the amount of child support maintenance payable;
(b) to whom it is to be paid;
(c) the method of payment; and
(d) the day and interval by reference to which payments are to be made.

(2) A notice under paragraph (1) shall be sent to the liable person as soon as is reasonably practicable after—
(a) the making of a maintenance assessment, and
(b) after any change in the requirements referred to in any previous such notice.

Blob

You have it in one however you miss the point as do the CSA it is the TEST OF REASONABLNESS this is where thte Court has the power to over rule the demands of the 2 year steer.

What the CSA deem as reasonable would seem to be at odds with the rerst of us.

Think about it, if the CSA has throught its own failour taken 10 years to get teh case under control and in that time Mr X has been paying £A when he should have been paying £B, he now has arrears of say £50,000, it is then unreasonable to ask Mr X to pay £50,000 over the next 2 years. That is the line that a Court would in all prob take!

In the event that Mr X then applies to the Court on Form N 245 the Court will decide how much he will pay over the 40% of a DEO if anything as the 40% is taking something to arrears.

If you take this further and check in the White Book that runs the Court System in this Country and check on the section that runs a Charging Order, if the person makes a payment over the amount that is set then the Court is precluded for further enforcment action such as a Sale Order. The CSA dont like this but they are stuck with it, and the point that teh CSA put across to the Court is that the Court has to allow thier application as the Court has no option, again I have been present when this point has been put forward and the Judge gave the CSA a lecture about just what he could and could not do in his own Court!

CMAC_2

Blob wrote: »

You have it in one however you miss the point as do the CSA it is the TEST OF REASONABLNESS this is where thte Court has the power to over rule the demands of the 2 year steer.

What the CSA deem as reasonable would seem to be at odds with the rerst of us.

Think about it, if the CSA has throught its own failour taken 10 years to get teh case under control and in that time Mr X has been paying £A when he should have been paying £B, he now has arrears of say £50,000, it is then unreasonable to ask Mr X to pay £50,000 over the next 2 years. That is the line that a Court would in all prob take!

In the event that Mr X then applies to the Court on Form N 245 the Court will decide how much he will pay over the 40% of a DEO if anything as the 40% is taking something to arrears.

If you take this further and check in the White Book that runs the Court System in this Country and check on the section that runs a Charging Order, if the person makes a payment over the amount that is set then the Court is precluded for further enforcment action such as a Sale Order. The CSA dont like this but they are stuck with it, and the point that teh CSA put across to the Court is that the Court has to allow thier application as the Court has no option, again I have been present when this point has been put forward and the Judge gave the CSA a lecture about just what he could and could not do in his own Court!

I was under the impression that the courts were bound to recover the debt as quickly as possible based upon

a. the means to pay. (hence the N245 list outgoings etc)
b. the fairness to the person the monies are owed to.

with regard to the scenario about and the unfair arrears due to the commissions delay, the new write off powers would take care of them once they are introduced.

bdt1

Blob, so as we have LO and CCJ, also intrim charge hearing we attended, and was adjourned until after our pending Tribunal CSA hearing, am I right in thinking that if we submit a N245, and get County Court hearing for this before 2nd appointment at County Court for charge, as long as a deal has been struck then they cannot enforce a charge on the property?

Blob

They may get the Charge on your property, but my understanding is that as long as you stik to the Warent issued by the Court as a result of the N 245 hearing there is not a thing that they can do in terms of further enforcment.

If you breach the terms of the Warent then look out they will come for you big time.

See your solicitor and ask them, as this will only take a very little time you could pos do it through the CAB and get it for free.

Blob

CMAC, so untill that comes into play, what then?

CMAC_2

Blob wrote: »

They may get the Charge on your property, but my understanding is that as long as you stik to the Warent issued by the Court as a result of the N 245 hearing there is not a thing that they can do in terms of further enforcment.

If you breach the terms of the Warent then look out they will come for you big time.

See your solicitor and ask them, as this will only take a very little time you could pos do it through the CAB and get it for free.

You can only apply for a N245 at the point the Commision apply to enforce the award in the CC. Once they make a application for a charge or 3rd party debt order you are to late to make a N245 application

CMAC_2

Blob wrote: »

CMAC, so untill that comes into play, what then?

it depends on the circumstances

bdt1

Even if the Commission didn't initially inform us they were applying to County Court?

1st we knew was a judgement through the door!!