CSA WantTo Take Me To Court

jando

I was on here a while ago about the csa wanting to take me to court for not paying my arreas, but as i told them i was NOT trying to get out of paying, it was just too much what they are taking off me , i can't afford to live on what they are leaving me with. I have been paying for almost a year now and struggling. Since then i got my MP to ask them for my Data Protection Information, i have not recieved it yet but i have recieved a court date from the csa. I have to go myself as i can not afford a solicitor, i have no idea what is going to happen , Im just hoping for a reduction in payments so it will take a little longer to pay off but i don't think they want that by the sounds of it. A little advise would be much appreciated. Thankyou

DUTR

When you get to court, you tell the judge what you can reasonably afford and offer that.
As an aside, why are you in silly amounts of arrears?

kelloggs36

How much arrears do you owe? How much are they asking for per month>?

Blob

You can also make an application on a Form 245 I think it is, it cost £35, you provide all of the information that teh Courts asks for and the Court will then issue a Warrent as to just how much you will have to pay. The CSA know about this option and don't tell people about it as it removes all of their power on this point, as the Warrent is binding on both sides. It also prevents them from starting any further action against you.

If you take this in to teh Court with you and ask for an in situe application, if the Judge allowes it then the whole poit of the case will change and the CSA will be the ones on the deffencive as they will have to answer toteh Judge.

Hope it helps.

jando

In answer to these questions,
I was self employed until 11yrs ago and earning just enough to keep myself, Early 1990s the csa took me to court and they fixed a silly amount for me to pay and threatend me with prison, which ment it was even harder for me to live, i was on my own so had no'one to help share the cost of living, i could'nt pay, i went into a deep depression and almost giving up. I heard nothing off them until late 2007. They are saying i owe £26000+ this is over a period of 11yrs it was double that but they say they have knocked half of it off,
It seems impossible to owe such a vast amount over a short time. They are asking for £86 per week, after paying that my rent, council tax i am left with £20 to pay for food, bills, other little luxurys in life,tv, tele, etc.I do have a partener now but she only works part time and has a teenage son living with us, I am not refusing to pay i tell them but they are not interested in what i say.

Could you tell me where can i get this 245 form from.

I hope this has give you some idea of my postion. Thankyou
My daughter is now 22

blimey40

That would mean you were earning around £540 per week at the time?

yes, I doubt that too be true. First of all make sure its not an IMA..If the figure was £80 odd a week, they need to provide a breakdown. You can get your Data Protection files without going to a solicitor,. but you will need legal advice in the end, NACSA are very good. End of the day, if they cannot get a DEO and you have no viable assets, then they cannot get blood out of stone. Don't be bullied, they are going after long term arrears, but in reality they are recouping around 10% of the momentus debt figure, so don't worry too much at this stage.

They are trying to convince you they have halved it to prevent you looking for further advice. In reality, they cannot go back before June 2000 and thats the reason it is less.

What has happened is that CSA have simply neglected many cases and its only when it hits £50,000 it is activated on the system at there end, thats why its being looked at now

Are you self employed now?

CMAC_2

jando wrote: »

Could you tell me where can i get this 245 form from.

You did not mention if it was C Court or M Court action the Commission are taken but a Form 245 is only good for the C Court. You will able to get it of the court services website just type in Forn 245.

jando

I am not self employed now, i am an employee and have been for the last 11yrs i am only on basic wages, They are sending me to Magistrates court, i guess the form 245 is not any good then?. I have no assets and almost everything in this house is my partners.

Blob

You can apply direct to the CC and they will then make their own judgment that can't be overturned by a lower Court. Once you have the application in and you tell the Court of this, as long as you have a 'Sealed' copy from the Court the Magistrates, should stop the hearing untill the outcome from a higer Court is final.

Hope it helps.

CMAC_2

Blob wrote: »

You can apply direct to the CC and they will then make their own judgment that can't be overturned by a lower Court. Once you have the application in and you tell the Court of this, as long as you have a 'Sealed' copy from the Court the Magistrates, should stop the hearing untill the outcome from a higer Court is final.

Hope it helps.

How can the MAG Court stay a Liability Order pending a C Court out come when the C Court needs the out come of the Liability Order first ?

CRANKY40

If you have a child in your household then the welfare of that child has to be considered too. Have you told them that there is now a child in your household, and paying this money would cause this child hardship. I would phone them and tell them, but also put it in writing in a recorded delivery letter.

Blimey's advice of making sure that it's not an interim (penalty for not providing info) assessment is also good. "Knocking half off" sounds a bit suss too. Why? Maybe that's the bit that's too old to go after in court, in which case they haven't knocked it off. It's still sat there waiting to be paid.....it's just not enforceable in court.