will csa be able to force me to sell my house?

nannytone_2

sorry to step in but.......
can you request a charging order?
the CSA says my ex owes £42k and are taking £500 a month from his salary. can he ask for a charging order instead?

kelloggs36

not if he is actually paying.

Blob

He can't but you can, and under this misguided system and the 2 year steer then they will apply for it any way!

felixmeg

An order for sale is to be heard in 4 weeks. No proof of parentage has ever been established (one person is now 21 the other 18 ) only presumed parentage by the csa as no dna test was ever taken. The mortgage is in my name as is the lease. My wife has paid half the mortgage and the bills are all in her name. Fairfax are saying she has no rights, but surely she has occupancy rights. The said debt is £35,000 but another letter says £49,000. Has my wife got equity rights but better still has she got any rights at all. We have approached solicitors but they seem not get very far.we are representing ourselves as we cant afford a brief so we dont want to sound stupid. The wife has doubled her medication for depression and cries at night has anybody got any advice to help her.please.

skintandscared_2

Blob wrote: »

My partner will then buy me out, and I will own nothing and as the house has been past to her by a Court Order I will be free to go bankrupt, thus the CSA will again not be in a position to take any action against me as I will by a Court Order have nothing!

Just one thing to bear in mind - CSA debts are NOT written off by bankruptcy, so they will remain enforceable after you are discharged and they can recommence chasing you for the debt. Just so you know.

clearingout

felixmeg wrote: »

An order for sale is to be heard in 4 weeks. No proof of parentage has ever been established (one person is now 21 the other 18 ) only presumed parentage by the csa as no dna test was ever taken. The mortgage is in my name as is the lease. My wife has paid half the mortgage and the bills are all in her name. Fairfax are saying she has no rights, but surely she has occupancy rights. The said debt is £35,000 but another letter says £49,000. Has my wife got equity rights but better still has she got any rights at all. We have approached solicitors but they seem not get very far.we are representing ourselves as we cant afford a brief so we dont want to sound stupid. The wife has doubled her medication for depression and cries at night has anybody got any advice to help her.please.

did you ever deny paternity? is there a chance the children aren't yours? for things to have got to this stage, you must have been ignoring the CSA for a very long time. What actions have you taken to deal with this in the past? Do you have a copy of your file? Have you contacted NACSA?

Blob

Fairfax say a lot of things that are absolutely bollxxx as the Judge told them in my hearing. They did not get the 'Order of Sale' make sure that your wife can prove that she paid the money and make an application for the Court to protect her money. The Judge then has the full power of the Court to act and take out the CSA and Fairfax. Take it from me that the Court will take a very dim view of the application as the CSA has gone into Court too many times with the 'God Almighty' attitude and the Courts are getting a little !!!!ed at this!

Just remember to get your application into Court in the morning, and then serve a copy of the application on Fairfax as well. If nothing else it will make them stutter. I have to go back to Court next month to find out how much the CSA will have to pay in costs! This will then lead to an investigation in to them by the Bar Council, Law Society and Parliament as well as the relevant CSA officers being held to account by Parliament for waisting public money and going against a Ministerial letter that held a direction. They will also have to explain why they tried to mislead the Court and lied to an MP. Not a very good record after the fact that the CEO wrote to my MP apologizing for the way this case has been handled!

All supporters of the CSA and the ones that have run me down by PM please now comment here, if you have the bottle! Which I doubt, as if you had you would have done it in the open.

Good luck with your case and keep the faith, you can destroy them.

shellyloves

Blob wrote: »

Just to put you straight, one of my kids is at Uni and the other is in the process of joining the Royal Marines, so I don't think that they are in the care of either myself or my ex!

If the land registry change the deeds then it really matters not how is on the mortgage unless you fail to pay it, then they will go after your ex for the money as she is on the mortgage, but she wont be able to have any of the house and the Court order is in place! She will however be able to take it back to Court and get it so that the lender wont be able to touch her for the debt.

Hope it helps.

Sorry for jumping in here, but would like to ask how you find out if your name is still down on exs home.
We have been told she remortgaged so it shouldnt be but would like to check. She had the house and all equity was hers , would this affect payments that would have been made to the csa

Blob

All you have to do is to phone your local Land Registry Office and they will tell you.

kelloggs36

You can do it online - it costs £4 to check. Put landregistry into google and you will find it.