CSA Liability Order nightmare, please help!

carlcumbria

Hello all,

I've had a CSA Liability Order granted against me in my absence and now I'm going to have to appeal against it, as the figure is grossly wrong. I had intended to go to the court however got the dates mixed up and here I am.

Basically my reasons for appealing it in the first place were to be that the CSA had the figures wrong. In August the sent me a letter sayign I owed them £11,158.77, then a week or so later another letter saying £10,972.32, then a couple of weeks later £17,007.45. they finally took me to court for the £10k figure.

What's annoyed me the most is that when I was self employed a couple a few years ago, and before I had filed my first tax return they called me asking for money and after explaining I didn't know my income for that year (as it hadn't happened yet! they asked if I could pay £20 per week, which I did. However they've now took that £20 figure (I'm assuming) and added if up forever even though it was a figure plucked out of thin air by them..and now they've got a liability order against me for a made up number!

The very day after the liability order arrvied I received a letter from their bailiff stating they are coming to sieze my goods (not that there are many), and that could be as soon as tomorrow.
I currently work part time and clear around £190 per week after tax if that's of any use to you guys.

I've sent an email to the CSA representative who went to the court on the day asking for her advice and stating that I refute the figure.
I'm also due to have an appointment with the Citizens Advice Bureau tomorrow morning.

My partner is very concerned about them taking belongings in our house, although they are mainly hers. She has receipts for them but paid in cash for most items (she doesn't have credit/ debit cards really) so the receipts don't really prove who bought them, which is a pain!

Any help and advice you can give would be enormously appreciated by us both.

Carl

gratefulforhelp_2

You may get more help with the bailiffs part of this question on the DFW board.

kelloggs36

They have used the default maintenance decision to base their calculation on - in the absence of any information available to make a true decision, you are liable for the £20 per week. Have you given the true figures in so they can calculate based on your income?

tiggerkian

sent a pm carl.....

bdt1

Ok 1st things 1st, have you put in an appeal with CSA for this incorrect assessment? You have 13 months from the assessment/decision to appeal it, if the CSA decline this gives you full appeal rights where you can have your case heard by an independent tribunal.

With regard to Liability Order, Court had little choice but to grant it, but now CSA will enforce it, if you own your home (even jointly they will get a charge), plus a CCJ. As you are self-employed and had little in way of books etc, you need to ask if they have made an Interim Assessment, I suspect this may be the case, put this in writing recorded delivery, if so, ask what information they need to make it a full maintenance assessment (as now you have accounts for the time they are talking about), penalties are often made by CSA for assuming, or not requesting info for a FMA to be made.

Try and speak to your MP they may be able to help, or NACSA, your Data Protection file may also be of use, NACSA have a template

RAS

Regarding the bailiff, your partner needs to write a statutory declaration listing what she owns and get it witnessed by a lawyer, cost £5-10 for the witnessing. The bailiffs cannot remove anything on that list.

Loopy_Girl

tiggerkian wrote: »

sent a pm carl.....

That's a real shame if you had useful advice for the OP and feel you can't share it

Sadly this is a all too common situ and I am sure that others would benefit from any helpful advice you gave.

Slightly off topic but I have always wondered why people put on the public thread about sending a PM as they come up as soon as sent so the mail recipient will get it...anyway, I digress!

pd001

Loopy_Girl wrote: »

That's a real shame if you had useful advice for the OP and feel you can't share it

Sadly this is a all too common situ and I am sure that others would benefit from any helpful advice you gave.

Slightly off topic but I have always wondered why people put on the public thread about sending a PM as they come up as soon as sent so the mail recipient will get it...anyway, I digress!

Agreed LG, Ive never done it.
Thats not to say i have never sent a pm, I have..but my advice (or not depending on your viewpoint) is always given in this open forum.

pd001

tiggerkian wrote: »

sent a pm carl.....

Please share......

blimey40

Kelloggs, not sure where you get £20 from. Mine was set at £109.00 per week as they no info either.

Liability order is just another step and I've had one since Jan 2008 and its not effected me in the slightest.

you must get your data protection files this will show all details and since I asked them over 18 months ago and received them, not heard anymore from them.

baliffs is a scare tactic and you should not be bullied, presuming you are in the right.