Order of Sale enforcement

NACSA_CHAIR

Many may not be aware that CSA are rolling out a pilot scheme to increase the use of powers for Order of Sale (ie to force the sale of your house).

I am working at creating some help sheets for this sort of action, and would be most appreciative of anyone who has been served with papers for this action to contact me on chair@nacsa.co.uk.

At this stage, client may still require actual legal assistance to support them at any appropriate hearing, but in order for me to prepare the necessary help for others - I could do with looking at some actual examples of where this action is being implemented.

Many thanks!

chriszzz

Do you mean that the csa may one day have the power to make a non-paying parent sell their home in order to pay maintenance??.

This all sounds like its all going off its head just to get money, what if the nrp has children living in the home??

Blob

Bad news they have these powers now. They have no interest if the new family has children or not. The one place to look for a defence on this point is the 'White Book' which is produced by the Min of Justice and is the juide that Judges use. If a 'Charging Order' has been placed on your home then there are 9 points that have to be satisfied before a 'Sale Order' should be made. This was explained to them by a Judge in Court on my case, he further asked for undertakings from the CSA that teh person present could not answer or give, to be fair he was a barrister and did not work for the CSA! He did however agree with the Judge on the point that these had to be met and if any of them were not being met then, his words no sale order should be granted!

pd001

chriszzz wrote: »

Do you mean that the csa may one day have the power to make a non-paying parent sell their home in order to pay maintenance??.
I think that the answer to this question is yes.
In fact I think that they already have these powers for persistent non paying offenders. Kelloggs36 will be able to advise further re these existing powers

This all sounds like its all going off its head just to get money, what if the nrp has children living in the home??
I don't think that the csa care about where the nrp lives.
They made me homeless due to a mistake on their part. I ended up living in my vehicle for a time, whilst I got myself sorted out and they corrected their deo error.
It is unlikely that I will be able to afford to rent my own place for the foreseeable future

chriszzz

OMG :eek: This is going beyond ridiculous!! The government are making too much on the money and not enough of the meaning of a NRP which are mostly fathers.

I really feel it for the NRP because not one sum fits all, there really needs to be something done.

I do believe that NRP should contribute to their child/rens up-keep, but the government need to look at the system constructively, not every case is the same.

I believe they have it all wrong and are attacking the NRP every way they can but the PWC who is not fair or being vindictive seem to be allowed to get away with it. I am only talking here about the genuine NRP and the vindictive PWC, not all NRP or PWC are this way.

Best educate my son at an early age the possibility of what is instore for him if he has kids and splits from his partner.

Orson_Cart_2

Collecting child maintenance is one thing, screwing peoples lives up is quite another.

In many cases the NRP freehold property is occupied by the PWC and the children and the burden of rehousing ultimately falls on local authorities.

If an NRP hasnt paid by the time a charge is ordered the assessment is probably wrong being why he hasnt paid it. Lets hope Justice Munbys ruling holds.

kelloggs36

Orson_Cart wrote: »

Collecting child maintenance is one thing, screwing peoples lives up is quite another.

In many cases the NRP freehold property is occupied by the PWC and the children and the burden of rehousing ultimately falls on local authorities.

If an NRP hasnt paid by the time a charge is ordered the assessment is probably wrong being why he hasnt paid it. Not always - in fact not that often! If they haven't paid it at this stage it is because they are refusing because in order to get such an order, non-compliance has to be proved beyond any doubt. They just won't get it past their solicitors to even apply for the order for sale. Lets hope Justice Munbys ruling holds.

Personally I am glad that they are finally taking this action - it is all very well and good threatening it, but unless they actually do it, it means nothing. The CSA cannot get incorrect cases through - they are checked by every single manager going as well as the solicitors before they will even consider this action.

NACSA_CHAIR

Sadly Kelloggs I would have to disagree with that. I have two cases on the go as we speak which both involve incorrect debts, the difficulty sis trying to get someone at CSA to do something about it rather than just kicking in with the enforcement action.

But then we are still dealing with some senior officers who are ignorant of their own guidelines and procedures anyway, so doesnt leave much hope for the clients

kelloggs36

Have they applied for the sale, or have they just got the charge?

Orson_Cart_2

NACSA_CHAIR wrote: »

But then we are still dealing with some senior officers who are ignorant of their own guidelines and procedures anyway, so doesnt leave much hope for the clients

I second that, those senior officers spunked £31 grand of public money through blatant incompetence and stupidity.

Steve40_2

NACSA_CHAIR wrote: »

Sadly Kelloggs I would have to disagree with that. I have two cases on the go as we speak which both involve incorrect debts, the difficulty sis trying to get someone at CSA to do something about it rather than just kicking in with the enforcement action.

But then we are still dealing with some senior officers who are ignorant of their own guidelines and procedures anyway, so doesnt leave much hope for the clients

I will third this i bought my child up at my mothers for 6 years and also payed my X wife a large sum every month . I now have to pay the money all over again. im losing my home my 2 year old is about to be homeless . all down to a load of !!!!!! who have no clue how to run a maintenance system. The reason there are so many arrears cases is because of incompetence in the CSA. not the majority of absent fathers yet they have a habit of covering up and pirsecuting innocent people for there own !!!! UPS the people running the csa should hang there head in shame because its !!!!!!!!!!!!