Help - liability order

buntymann

Please help

My partners wife left him and took the children with her to set up a new life in Sctland...however my partner did not have an address or any contact details.. Keen to pay for his children he contacted the csa who told him without contact details they were not able to trace them. He attempted this for 5 years and even had face to face meetings with the csa to get this matter resolved. Only once did his ex wife gtet intouch with a family member...his father and he paid her £4500 on behalf of my partner for child maintenance which she did sign a receipt for.But then she vanished again and no contact could be made with her. After 6 years the csa finally got intouch and demanded money... after various correspondance (which my partner has kept) they admitted they should actually have been in touch sooner. My partner has since paid £77 per week through his wages to the csa. This has been fo 6 years. However today we have recieved a letter saying he owes 16k and my partner has 7 days to pay in full or a liability order will be made through the courts. This will then allow baliffs to seize goods to the amount in arrears.

My partner does have a house (in his sole name) but tried to sell it to clear debts last year and could not sell it and cover the mortgage on it so he now rents it out. He stays at my house (which is rented) but all the goods are mine except his clothes. He has a car worth about £400 which he needs to get to work??? I am terified and i dont know what to do. Any advice?

jasonjohn_2

ok...i've been in this situation with the csa,with a liabilty order.
i contacted them saying i got made redundant and can only afford £20 per month.they wanted £110 to stop this liabilty order.the order went ahead,and now recieved a letter saying the baliffs are coming if i don't pay in full.
i'm paying the csa £20 per month,so regardless of baliffs coming i am paying my debt off.they will always say to pay more and 2 years to pay the debt off.....this is rubbish.i was advised speak to them,tell them what you can afford.
either get in touch with your local mp or a laywer.they cannot expect your amount to be paid in full,they said this to myself,don't get bullied!!!

pd001

jasonjohn wrote: »

ok...i've been in this situation with the csa,with a liabilty order.
i contacted them saying i got made redundant and can only afford £20 per month.they wanted £110 to stop this liabilty order.the order went ahead,and now recieved a letter saying the baliffs are coming if i don't pay in full.
i'm paying the csa £20 per month,so regardless of baliffs coming i am paying my debt off.they will always say to pay more and 2 years to pay the debt off.....this is rubbish.i was advised speak to them,tell them what you can afford.
either get in touch with your local mp or a laywer.they cannot expect your amount to be paid in full,they said this to myself,don't get bullied!!!

That is the way to do it!

If the csa have indeed instructed bailiffs, my advice would be for you to continue to pay the CSA the £20.00 per month. (just out of interest, how are you making these payments.)

If the bailiffs are not successful in getting anything from you whatsoever the case will be returned to the csa.
They will then probably take you to court.
If you can prove to the court that you have been paying £20.00 per month to the csa, and never missed a payment, they court may make an order that you continue to pay the £20.00 per month

The only difficulty that you may have in court is that the court may consider the amount that you are paying is not a reasonable and fair amount in view of whatever amount that you may be earning at that time (if you find employment).

If you are currently out of work, are you receiving jobseekers allowance? If you are then you should advise the csa to this effect.
Only write to them and never ever phone them.
Send all letters recorded delivery and build a paper file.
Just to re iterate...never assume that a telephone conversation that you may have with them will be acted upon!! So, never ever phone them.

pd001

buntymann wrote: »

Please help

My partners wife left him and took the children with her to set up a new life in Sctland...however my partner did not have an address or any contact details.. Keen to pay for his children he contacted the csa who told him without contact details they were not able to trace them. He attempted this for 5 years and even had face to face meetings with the csa to get this matter resolved. Only once did his ex wife gtet intouch with a family member...his father and he paid her £4500 on behalf of my partner for child maintenance which she did sign a receipt for.
How is the receipt worded?

But then she vanished again and no contact could be made with her. After 6 years the csa finally got intouch and demanded money... after various correspondance (which my partner has kept) they admitted they should actually have been in touch sooner. My partner has since paid £77 per week through his wages to the csa. This has been fo 6 years. However today we have recieved a letter saying he owes 16k and my partner has 7 days to pay in full or a liability order will be made through the courts. This will then allow baliffs to seize goods to the amount in arrears.
They will probably go and get the liability order anyway. This merely 'pins' the debt to your partner in the eyes of the law.
When the debt is attached to your partner the csa will then give your partner two years to pay off the debt. If they think that you will be unable to pay off the debt in that period they will try and enforce the debt and send in the bailiffs to collect what is owed.
This two year thing is merely a steer. They may well tell you that it is set in law.....however it isnt. It is just a time period that they have set in which they would like arrears to be paid

If your partner gets to this stage then have a think as to who owns what in your home.
Is your residence in your name solely or is it in joint names?
Have you bought everything in your residence and do you have any receipts at all to help prove your case?
If you do not have receipts then you can go to a solicitors office and make a statutory declaration to the effect that everything in your house is solely yours. Bailiffs then cannot touch anything at all.
Most importantly do not panic! We are here to help


My partner does have a house (in his sole name) but tried to sell it to clear debts last year and could not sell it and cover the mortgage on it so he now rents it out.
They can and maybe will go after this property. They could seek to put a charging order on it for the amount that he owes.

He stays at my house (which is rented) but all the goods are mine except his clothes.
Get a statutory declaration as I have described above..its only about a tenner. make sure that it is worded properly so that there cannot be any confusion

He has a car worth about £400 which he needs to get to work??? I am terified and i dont know what to do. Any advice?
If he owns the car outright he could sell it to you for whatever sum you both feel reasonable.
You would then have to put the car into your name, and you would have to insure it and put your partner on the insurance as a named driver.
If bailiffs are due sooner rather than later than I would have the car put into your name as soon as is possible. Remember to tell the insurance company with whom your partner currently insures the car that he is not now (well in a few days anyway) the registered keeper or owner...you are.

I know its all a bit complicated but it may well be worth a little bit of effort on your part now to save a lot of heartache later

Remember, we are here to help

chriszzz

OMG!! the woman gets off with the kids, the dad has no form of contact, he tries to pay for his kids via csa but they couldn't do it without contact details, she comes back he gives her 4500, she then vanishes and no contact again.
He pays 77 a week and has just received a letter saying that he owes 16k, has 7 days to pay it or they will send in the heavies (bailiffs).:mad: csa are bully's.
Now is int it a pity the csa/government can not demand that women can not simply take the kids away from there father (unless in danger). No wonder some men feel its unfair.
Women should have no right to just up and take there kids away from their fathers, they want there money.... but don't want them in the kids life.
Maybe csa should be connected to contact, no contact, no money, that would soon stop women abusing there power against genuine dads, the dads who don't want contact should still pay, maybe them dads should pay more for when there children grow up and have to deal with the mental scars that it may leave.

Blonde_Bint

I was thinking along the same lines.

Hmm, its a sh*tty way for some blokes and their kids to live. What the women who behave in this way dont realise is, that even though at the time it may not look like it, all of this is having an effect everyday. every row every dig every cr*ppy comment directed against the NRP will bite them on the ar se one day.

Though I think the courts are very slowly getting wise to the old 'contact cancelled' at short notice again and again routine. I dont think its going to wash for much longer. If they have to impose prison sentances I think i'm all for it, as it could make others think twice before they start the same dance.

But then I would say that because its a dance i'm very familiar with in the not too distant past that is. We had all kinds of court orders saying that she couldnt mess around with contact but they werent worth the paper they were written on back then, you phoned the police like it said and the police couldnt do anything. Things are slowly improving I believe.