Legal Enforcement Officer Visit

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Hi Guys

My boyfriend had note through door today from a CSA Legal Enforcement Officer. Not going in to too many details about his case but he does have a bit of debt with the child support. Anyway, he has rang them back today and the guy has arranged to come over tomorrow morning.

Can anyone tell me what this involves? Are they similar to bailiffs. If so can we refuse them to visit as my boyfriend is planning on appealing the CSA decision?

Any info/advice will be appreciated??

karenx

I take it he has been avoiding paying for his child then?

clareabella666

We have had one at ours today only he seemed more afraid of my OH than my OH was of him. just don't open the door and whatever you do don't let them in. He or she will turn up regardless of your case being in dispute, they realy don't care about the ins and outs of your case as we have found out. They soon get fed up of knocking and getting no answer.

manglesey25

karenx wrote: »

I take it he has been avoiding paying for his child then?

Really useful advice.

The visiting officer is likely to be a face to face officer, but you must check his ID carefully and make sure its not a bailiff in lambs chothing. Enter their name into the public register of certificated bailiffs. http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

If he threatens you with anything, such as breaking and entering then politely ask him to leave and contact police and get an incident number.

If you can, video the meeting without telling them, make sure you have the officers face and the recording can hear him clearly. Speak clearly and slowly at all times, say the case is being appealed and clearly say why. Detail the grounds where the CSA have got it wrong and ask what the CSA inends to do to put it right. Make it clear you dont have any money or assets, then let him do the talking, that way if the CSA gives false information or reneges on anything later, you can make a complaint of fraud by false representation, or fraud by ommission/concealment. If the CSA or police disregards your complaint, then you can monetise your case by auctioning the video to the media. See the Fraud Act 2006.

clareabella666

Did he hand over any letters? the one that came to our house stated that he was a legal enforcement officer but he was a bailiff, the letter he handed over was from marstons saying he had visited and even stating he was a bailiff. He asked my OH if they should go inside and talk about things, OH simply said not a chance.

PlayingHardball

Hi all, first of all, the OP has stated clearly that there 'is debt' so they can't be too surprised about the latest turn of events. I don't think it will help the OP's boyfriend by suggesting they just keep avoiding the situation further.....the problem will not going away.

I'd suggest to the OP that her boyfriend call the CSA, communicate he is appealing their decision (trusting that it is within 30 days of their notice to him, otherwise he's not going to have much luck appealing, if I am correct it has to be within 30 days of the decision notice to the NRP) At the very least, why not just communicate with the CSA rather than wait until it gets to the stage of scary letters being dropped through letter boxes?

Best not to avoid the CSA, in my opinion.

Kimitatsu

If this is a legal enforcement officer then he is there as part of the criminal compliance team usually because your BF has ignored all other communications from the CSA.

Let him in - as long as he is what he says on the tin - he will have proper ID and if you are unsure then ring your local office and confirm with them that they are that person.

They are there to ensure that they get all of the details right, so be prepared with paperwork etc to show what he earns, any payments he has made and get it sorted out. Burying your head in the sand will not make it go away, and if he refuses to co-operate the next step is a court appearance. As tough as it might be to swallow he has a legal obligation to his child, and you need to help him see that he needs to pay it to safeguard himself.

manglesey25

If he is a bailiff, then DO NOT let him in.

Ask the CSA to contact you to discuss the assessment. Bailiffs cannot change an assessment, only the CSA can. If the bailiff threatens you with 'police' or 'prison' etc, then contact police and report an offence committed under Section 40 of the Administration of Justice Act 1971. Bailiffs cannot send you to prison. Try and capture it on video.

If this is a CSA officer and you dont want him in your house, you have every right to refuse entry if you wish. Tell hom to make an appoint with you at your local DWP or benefits office and take a witness with you to the appointment. Explain why the assessment is wrong or ir non-compliant with child support regulations, and ask what they will do to put it right. Once that is done and the assessment is corrected, then you can discuss paying only what's lawfully owed - if any.

PlayingHardball

manglesey25 wrote: »

Explain why the assessment is wrong or ir non-compliant with child support regulations, and ask what they will do to put it right. Once that is done and the assessment is corrected, then you can discuss paying only what's lawfully owed - if any.

The above advice could potentially get the boyfriend put in prison!! There is already arrears on this case, as acknowledged by BF himself, it is not a new assessment! The CSA are the ones who say what needs te be paid, not the NRP! By telling someone such as the OP (who, by the sounds of it doesn't have much experience with the CSA and could use much more constructive advice from us) not to pay child support until an appeal is complete is nonsense. The boyfriend would only be asking for trouble, look even more non-compliant and continue to build up arrears in the meantime. That action certainly won't get anyone anywhere. (and certainly wouldn't be supporting the child in question;))

I personally wouldn't do anything verbally with the CSA, I put everything in writing, and send recorded or proof of posting.

OP - Kimatsu's post was absolutely spot on and she spells out clearly what to do, good luck OP, theres lots on here with similar experience only too willing to help.

manglesey25

PlayingHardball wrote: »

The above advice could potentially get the boyfriend put in prison!! .

How so?

If a defendant at a committal proceeding shows the magistrate the CSA is non compliant then, unlike liability order hearings, the magistrate has a power to strike out the entire assessment. He will owe nothing. Worse still, the OP's BF can ask the magistrate for the Serious Fraud Office to intervene, and that puts cats among the pigeons because its not the CSA that is liable, its the case workers that are personally liable. When the CSA talks about "Criminal Compliance", they do mean it. The Fraud Act has a wide ambit.

OP if you are in doubt, keep them out. Contact your MP, and if you feel threratened then seek professional advice on making an application for a restraining order under the Protection from Harassement Act.

As with my previous comment, have the meeting at DWP or benefits office and take a witness with you who can write everything down. Say why the assessment is wrong and ask what will they do to put it right. If the CSA doesnt, then ultimately you can ask the magistrate to strike out the liability.

skibadee

Can you not ring the CSA to confirm in what capacity this person is calling .....they will after all of been asked to visit by the CSA?

At the end of the day the CSA are a nightmare.....yes children must be finiancially supported by BOTH parents.....unfortuntely not all PWC's/NRP's have an amicable enough relationship to be able to come to a private arrangement.....so..again...unfortunately...the CSA are the alternative.

At the end of the day the debt/arrears will have to be paid........unfortunately alot of the time arrears are accrued by incompetence by the CSA.....you just have to grin and bear it as you will never win an argument with them......we've been grinning and bearing it for 4 years....and paying the final arrears payment next week.....then will be paying regular maintenance.

Was there a Liability Order already in place for this ?