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csa are going to take NRP maintenance without his consent

2

Comments

  • blimey40
    blimey40 Posts: 573 Forumite
    edited 12 December 2009 at 2:41AM
    Found his payslips, pull the other one:rotfl:

    Sounds like your out to get him, good on ya, but found them in your daughters bag,,your having a laugh.

    Just to add, Baliffs can only do anything if it his property or legally a tenant, otherwise as the above poster says, it will go back to the CSA.
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    pd001 wrote: »
    And to follow on....
    if the bailiffs then turn up at his girlfriends place and he is actually living with her?.. then all his girlfriend has to say is that everything in 'her' house actually belongs to her and not him.

    End of bailiffs..they will send case back to the csa and they will look to take further enforcement action

    Not quite - she will have to prove that all of the items there are hers, if she cannot and the bailiff has just cause to believe that they are his then they can legally be seized. Bear in mind as well if it is not a private bailiff and is a court bailiff they have power of entry, they do not need to have a walking posession order to be signed. Court bailiffs also have power of arrest so they may also choose to arrest him on sight and produce him before the court if he refuses to disclose his address details or continually refuses to pay (always good if it is a Friday night and court does not sit until Monday morning)
    blimey40 wrote: »
    Found his payslips, pull the other one:rotfl:

    Sounds like your out to get him, good on ya, but found them in your daughters bag,,your having a laugh.

    Just to add, Baliffs can only do anything if it his property or legally a tenant, otherwise as the above poster says, it will go back to the CSA.

    Doesnt matter where they are - proof for the CSA is what is important :D
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kimitatsu wrote: »
    Not quite - she will have to prove that all of the items there are hers, if she cannot and the bailiff has just cause to believe that they are his then they can legally be seized.


    As well as it reading as none sense, it does not seem logical, otherwise baliffs everywhere can just go around seizing what they wish 'just because' they think it belongs to whoever's assests they are trying to retrieve.
  • speedster
    speedster Posts: 1,300 Forumite
    Kimitatsu wrote: »
    Not quite - she will have to prove that all of the items there are hers, if she cannot and the bailiff has just cause to believe that they are his then they can legally be seized. Bear in mind as well if it is not a private bailiff and is a court bailiff they have power of entry, they do not need to have a walking posession order to be signed. Court bailiffs also have power of arrest so they may also choose to arrest him on sight and produce him before the court if he refuses to disclose his address details or continually refuses to pay (always good if it is a Friday night and court does not sit until Monday morning)

    not quite.

    for starters they have no powers of entry if they have previously been denied access. end of. only customs can do that.

    secondly, if he isn't registered there, then the bailiffs have even less rights.

    what you have to remember is that bailiffs rely on bully tactics to get results. they tend to back off whan you quote "actual" law at them.

    the OFT websirte has a very interesting "guide" as to what they can and cant do.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • blimey40 wrote: »
    Found his payslips, pull the other one:rotfl:

    Sounds like your out to get him, good on ya, but found them in your daughters bag,,your having a laugh.
    I am 100 % serious, there was a bundle of opened post in my daughters change bag :rotfl: maybe next time he will be more carefult where he leaves his letters :T
    2010 resolutions
    1- get my 5yo DD dry daytime, with enuresis help dry since 12th Jan so far!
    2-Lose 3 stone inc giving birth :j baby born 11/02/10! lost 2 stone, 1 more to go!
    3- more moneysaving! sealed pot number 851 :) SAHM getting organised, dont wanna go back to work after mat leave :o :j
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    a proven and tested bailiff killer, all they need to do is fill one of theese out and the bailiffs go away
    NAME OF BAILIFF OR AUTHORITY
    ADDRESS LINE 1
    ADDRESS LINE 2
    ADDRESS LINE 3
    POSTCODE
    DATE
    Dear Sir/Madam
    Re: [YOUR NAME]: Notice of Ownership

    I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to somebody else.
    I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.
    This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and your own interests this letter is handed to the relevant person within your organisation.
    Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

    Yours Sincerely

    YOUR NAME

    tried and tested personally, sent them one after the first demand for an unlawfull liability order granted to the csa by the local magistrates court for £20,000-that was about 6 months ago and i haven't heard a peep from the draconian bell-ends since :-)

    ETA please excuse my spelling as i have taken many pain killers today, i know there are some spelling and punctuation police just looking for posts like mine!
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 December 2009 at 4:10PM
    atwitsend wrote: »
    I am 100 % serious, there was a bundle of opened post in my daughters change bag :rotfl: maybe next time he will be more carefult where he leaves his letters :T
    It's not an attack, but is it not illegal to open royal mail post addressed to somebody else , where the intended recipient still exists? http://uk.answers.yahoo.com/question/index?qid=20061023123702AABq6Sw , or act upon the content if it is detrimental to the recipient.:confused:
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DUTR wrote: »
    It's not an attack, but is it not illegal to open royal mail post addressed to somebody else , where the intended recipient still exists? http://uk.answers.yahoo.com/question/index?qid=20061023123702AABq6Sw , or act upon the content if it is detrimental to the recipient.:confused:

    at what point do you deem a letter mail?
    if we are talking about a letter thats been delivered,opened by the addressee and then put aside its long past the point of being covered by the postal regulations really
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    custardy wrote: »
    at what point do you deem a letter mail?
    if we are talking about a letter thats been delivered,opened by the addressee and then put aside its long past the point of being covered by the postal regulations really

    As the letter was not addressed to the OP, then as I understand they are not able to act upon it's content to the detriment of the recipient
    "A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, opens a postal packet which they know or suspect to have been delivered incorrectly."

    That is all sidetracking from the OP's query but does raise the quaetion to if the CSA can act upon the information contained , as they have to collate the information from the NRP.
    PS I'm not in the legal profession btw.
  • They simply asked me for his employers details, address etc, and I just gave them the details i knew his previous one from when we were together anyway. I knew his NI number also from when we were together also, so I gave them that, from that they can chase his employment records themselves.
    They contacted his employer themselves and got all the relevant info from them regarding his wages, I never gave them details of how much he was earning, just what company he was employed by ;)
    2010 resolutions
    1- get my 5yo DD dry daytime, with enuresis help dry since 12th Jan so far!
    2-Lose 3 stone inc giving birth :j baby born 11/02/10! lost 2 stone, 1 more to go!
    3- more moneysaving! sealed pot number 851 :) SAHM getting organised, dont wanna go back to work after mat leave :o :j
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