Where do i stand? - CSA asking for more!

fznuk

After a court case back in Feb this year due to the non disclosure of my income i started to fully comply with the CSA, get re-assessed and pay current and arrears, well, what i could physically afford anyway.

Im self employed but on a real low income after expenses but do get help with rent and working tax credit. After what i pay out a month including what i pay to the CSA im down to a negative some months or just clear with nothing else left.

I only pay the bare minimum current CSA payment and 1/2 of the arrears payments on top which is my limit. That is £24 a month current and £12 a month off the arrears (should be £24 but cant stretch to it). the total arrears is £2500.00.

I have no assets, no savings, dont own property and dont have any body to borrow off for the full arrears. I have a £2000 credit card debt to pay off too which isnt going down anytime soon due to my lack of income...and since all my bills go through the bank with direct debits i expect this is a priority to the bank to pay off.

I dont have any luxuries to stop, i do have a car for business only, and the car is work about £400 anyway but is more of a money drain than an asset.

I though they would understand all this and take it into account, plus since i setup a standing order to pay the £36 per month without fail i thought paying something would keep them happy.

First i got a threatening phone call from telling me i had to pay at least £96 per month before they would be happy, then a letter a month later to ask for an instant payment of £44 right now.

Ignoring the letter and ignoring the call but still paying a constant uninterrupted £36 i haven't heard anything more for a month or two but still always in fear of what letter next will come through the door demanding this and that or even from bailiffs etc (not that i have anything but work tools to take!)

I have passed these recent threats on to my last used solicitor (i got legal aid) but not had a reply since i expect its due to the fact the CSA havent actually threatened me with anything...just demands.

All i would love to know is where i stand with the law on this? Can they just phone willy nilly and threaten what they like? If im paying what i can and prove its all i can afford (and they know it with the paperwork i sent) then they cant push for anymore or can they?

Any help or advice would be grateful. I would love to settle the arrears in full today and then get my ex to get the CSA off my back so i can pay her direct. I also have a great relationship with my son who i see every other weekend.

I just want to move on....

markeymark

basically and this is only my thoughts on it, you say you are self employed? if you are making a very low salary and still struggling to pay £36 a month i think you are snookered anyway m8

youd probably be as well looking for a full time salary based job! seems something in your company isnt working and you will have too look at other avenues for cash income

wish my payment was only £36 a month, im paying over ten times that amount per month, but just have to get on with things

borders_dude

markeymark wrote: »

...

wish my payment was only £36 a month, im paying over ten times that amount per month, but just have to get on with things

Here here.

kelloggs36

Are you saying they took you to court as you failed to disclose your details to them? Are you pi55ed off that they have caught up with you?

fznuk

well, before all this is was happy with my low salary and just getting by since the time was my own and as for another job, there just isnt any work where i live in a rural welsh town. And moving away would mean i prob wouldnt see my son. Plus since i get more Gout attacks than ever i probably wouldn't get employed for long as i would have too much time off and be a liability?!

Im actually paying something so i thought this would stand in my favour if they tried to push using court, bailiffs etc?

I also thought that showing them my full accounting and income....and full monthly budget they could see i cant pay anymore?

All i need to know is if i ignore them, will they just carry on pushing with idle threats or actually can take it further?

As for me feeling pi@@ed off that they caught up with me, well, not really as i wanted to get on with my life without having to look over my shoulder all the time.

I suppose my solicitor would get involved if they actually threatened me with court or bailiffs?!

DX2

fznuk wrote: »

All i need to know is if i ignore them, will they just carry on pushing with idle threats or actually can take it further?

They can take it lots and lots further. Don't stick your head in the sand any longer!

fznuk

But thats got to be harassment? surely? :mad:

They cant demand what i dont have, fair enough if i refuse to pay and i DO have it?

I cant see how pushing me into bankruptcy and depression will solve anything?

not as though i own anything they can take anyway?!

bdt1

If you do not pay or make arrangements, they will get a liaility order for the arrears, then they will send bailiffs to your door, as you do not own a property they cannot put a charge on such, but they can seize your driving licence, clamp your vehicle, and also seize any passport you may have. If this doesn't work, they will have you back in court with committal proceedings agianst you.

They will do all of the above, so be prepared as once they write that liability order, the rest of the action can be very swift

786

Once the CSA get a liability order you will have to go to the Magistrates Court. They will set how much you need to pay. They take into account your income and expenditure and will hopefully decide on something reasonable.

If you think it is not reasonable, appeal to the County Court. I did this and got the amount halved.

As long as you keep up payments as set by the court you will be fine.

Be careful about your car and also bank accounts. If you have a personal account in only your name, the CSA will get a third party debt order and swipe the lot. The bailiffs have no power of entry. Do not let them in a nd keep windows closed. Once they have have gained entry once they can come back and get in.

markeymark

how is it harrassment if you purposely never paid them, these things dont go away, try and talk to to them, even if u are forced into bankruptcy CSA debts do not get written off

fznuk

markeymark wrote: »

how is it harrassment if you purposely never paid them, these things dont go away, try and talk to to them, even if u are forced into bankruptcy CSA debts do not get written off

1) I didnt purposely set out to never pay them, i went threw various financial mental mental difficulties when i split with the mother until i finally found accommodation and a new job.

2) I know it wont go away which is why im trying to pay what i actually have, i dont have ANY luxuries, only business and domestic bills.

3) Bankruptcy is all i have if they send out bailiffs or manage to demand i pay what i don't have via any legal system. Which will just force me to have nothing and probably have to find a friends couch to live on?!

Tha Harassment is when i have sent them ALL my financial paperwork and explained the situation that if i had the money i would love to get it all out the way but they STILL ignore what i write or say to them as though every time they call or contact me its as though they have only just spoke to me!!

They even try to get me to ask friends or family to borrow me the money to fully pay it off... I dont have anyone to borrow that sort of cash or even get a loan due to my current financial situation and would drop me further into a financial mess. I would need a lottery win to get me instantly threw it but i cant even afford the bloody ticket anyway :mad:

I am trying to get in more work but as you all know we are in a bit of a glocal financial decline at the moment with loads of cutbacks.....but hey, the CSA are immune to this eh?

Just a little understanding from them when the father is actually communicating amicably and not shouting obscenities at them. I can now see why people just loose it with them!! :mad:

Why cant they just sit down with me and work out something reasonable and actually physically possible than just reading off a screen saying 'sorry, we want more off you to be satisfied with your payments' :mad: