CSA bailiff action

hj10

I would love to know what steps will actually be taken by CSA if my ex fails to pay arrears. I understand that there are a number of steps they say than can take but do they ever really follow through with revoking driving licences/passport? I know my ex is highly unlikely to make any payments to bailiffs (who are now trying to get him to pay) as he knows not to let them in and that they basically have no rights to levy goods. I would perhaps be less annoyed if he were unable to pay due to circumstances but seeing as he can afford a brand new sports car and holidays abroad with new partner whilst I am scraping the pennies to pay for dd's schools dinners. Apologies for the rant but am at the end of my tether

HoneyNutLoop

This is the booklet the CSA produce that outlines the things they can do if an NRP doesn't pay:
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198853.pdf

What they actually do will depend on what they can find out about his finances. They have access to credit reference agency data, land registry, DVLA and HMRC/DWP info in addition to any info you give them to work out what actions they can take. For example, if he isn't the owner or co-owner of any property, they won't apply for a charging order.

They will normally refer the case to bailiffs even if you tell them it's unlikely to succeed because if it fails, the bailiffs give them a Nulla Bona certificate. They can then produce this as evidence to a Judge that they have tried less drastic enforcement measures but those failed if they get to the stage where the are applying to remove a driving license or committal to prison.

Contrary to popular belief, they cannot remove passports. What happened is legislation was passed saying in the future they could be given the power to do this, but further legislation would need to be passed to "activate" that power. That further legislation was never passed, so they have never actually been able to do it.

Re: committals/driving license revocation, a Court of Appeal decision in October 2012 has left things a little uncertain regarding how/when/if those proceedings will go ahead in the immediate future - link attached:
http://www.familylawweek.co.uk/site.aspx?i=ed104067

spacey2012

He does not have to let them in.
They can let themselves in if they can find entry without breaking anything.
This includes children at home, doors left unlocked whilst you are in and so on.

Keeping Bailiffs out requires a lot of Skill and forward planning and can come down to one designated person keepin the key around their neck on string and letting others in or out after checking the coast is clear.
Sound daft but it works.

hj10

He is currently self employed and running a business from home. Hmrc however have no info on this so it appears he is not doing it lawfully. I have reported this to tax evasion etc but have no idea if any action has taken place.

As for bailiffs he is more than aware of how to keep them out and he has no children living with him so will not have any trouble on keeping tabs on locked doors/windows.

He was convicted of benefit fraud shortly after we met and is an all round con merchant. He generally knows all loop holes and and is very devious. I just want him to start paying what he should.

I need to be reassured that CSA will take necessary action to recover his debt.

Own_My_Own

I am in exactly the same situation as you, only my ex seems to not exist on paper.
The recovery team phoned me on Saturday. They are sending out a form for me to fill in. They want any information I have about him and a photograph.
I have not received the form yet so can't tell you what it is like.
Have you had to fill one in ?

hj10

Yes all of the above has been filled in and sent a photo. The courts have awarded a liability order and the bailiffs are currently trying to get payment from him. I'm worried that he will now appeal the amount calculated as that would put everything on hold for months. It concerns me that his ex wife before me has never received any CSA payments and their eldest child is now 14.The CSA are trying to claim money for all four of his children inc our dd. It's time he coughed up and faced his responsibilities.

Own_My_Own

I have had nothing for 15 years.
They can only back date arrears to March 2011.

But because he has refused to give them his income, he owes over £15.000, and it goes up £500 a month.

I know I will never get anything, but it is worth a go.

hj10

I don't even really care that much about the arrears (it would be nice obviously) but why on earth can they not just start taking the regular monthly payments from him. Seems the whole system is wrong to me.

365days

Own_My_Own wrote: »

I have had nothing for 15 years.
They can only back date arrears to March 2011.

But because he has refused to give them his income, he owes over £15.000, and it goes up £500 a month.

I know I will never get anything, but it is worth a go.

Are you sure about this? Or is that just specific to your case? My particular 'Darling' is being persued for arrears from 2002 - 2012.

Own_My_Own

365days wrote: »

Are you sure about this? Or is that just specific to your case? My particular 'Darling' is being persued for arrears from 2002 - 2012.

That's what they said. It may have something to do with it being old rules. Or that is was a cold case. What rules are you on ?

He would owe millions if they took it back to 1997.

But as I expect to get £0 it doesn't really matter.

ILW

hj10 wrote: »

He was convicted of benefit fraud shortly after we met and is an all round con merchant. He generally knows all loop holes and and is very devious. I just want him to start paying what he should.

.

And you decided to have his children?