order for sale court date!!!!! advice please

penjohn

ok so we are finally here, the date has arrived when we will go to court to see if mr Judge decides if it is fair to force the sale of my home and put myself and my partner and two kids on the streets to pay the pwc alleged arrears from a case 'she' closed, which was dropped on us 7 years after closure with no choice to offer instalements, although that is not acceptable to the pwc she actually wants to see us on the street and rather have a lump sum. talk about sour grapes of the extreme. Is there anyone who can tell me what will happen on the day, im a litttle more than worried to say the least.

Gair_Rhydd

The Court will not sanction putting children "on the streets".
So you will need to show you have no financial means to accommodate them other than in your current home.

It's the value of your equity that the CSA is trying to get hold of, they can't deny your kids a home.

Cally_Smart

Fingers crossed for you. I can't offer much advice in your exact situation but we have had a CSA tribunal & we found the judge was a lot more reasonable & sympathetic than the CSA were.He used his common sense, given the evidence in front of him & allowed us to take off an amount for the children living with us.We were paying the pwc direct so weren't aware there was a problem with the arrangement. Something the CSA said couldn't be done ! I hope you have a good outcome to your case.Have you had a complete breakdown of the arrears & got your MP involved? The CSA do make a lot of mistakes( we had a consolatory payment from them ) & cases can be so complicated.
Best of Luck.

penjohn

I'm so worried, we are hoping that we can arrange monthly payments but these have been refused so far as not being an acceptable amount. I am so worried the judge may get out of bed the wrong side on that day, do you know what the proceedure will be? i have not found any where on here yet where they have been in court for order for sale.

penjohn

Cally_Smart wrote: »

Fingers crossed for you. I can't offer much advice in your exact situation but we have had a CSA tribunal & we found the judge was a lot more reasonable & sympathetic than the CSA were.He used his common sense, given the evidence in front of him & allowed us to take off an amount for the children living with us.We were paying the pwc direct so weren't aware there was a problem with the arrangement. Something the CSA said couldn't be done ! I hope you have a good outcome to your case.Have you had a complete breakdown of the arrears & got your MP involved? The CSA do make a lot of mistakes( we had a consolatory payment from them ) & cases can be so complicated.
Best of Luck.

Hi yes we have been to our MP (waste of time) and a solicitor (waste of time) and ICE, yes you guessed it waste of time. They are just all one sided, although the CSA have admitted to errors in their letters. We just need a non biased person to hear our side. I really hope the court is the place we'll get ourselves heard. Glad you have had some light in your tunnel.

Cally_Smart

We are still having to pay the pwc .We don't even own our own house so that wasn't an option for us.The tribunal was a step in the right direction but still leaves up having to pay thousands to the pwc for the reasons I've talked about in the past ,that we have already paid !Our MP said go to ICE but from what I've read about them & time it takes doesn't seem worth bothering. Think we should have couple of years, max, left. The media, newpapers, wont touch CSA problems, Solicitors, CAB they all have signed up to the common cause & all seem to sing off the same hymn sheet! Where do we go for help? We know what we've done & hopefully in the future the children of the pwc ,now alienated by her from us, will realise we were right.
Hoping someone comes on with some experience of your type of situation .I'm sorry I cant be more helpful. Have you tried some of the facebook groups like CSA,the law and its failings.I found it a helpful site mostly pwc's but some like us- nrp ,nrpp's.Somebody might have experience of similar situation.

Sensemaya

penjohn wrote: »

Hi yes we have been to our MP (waste of time) and a solicitor (waste of time) and ICE, yes you guessed it waste of time. They are just all one sided, although the CSA have admitted to errors in their letters. We just need a non biased person to hear our side. I really hope the court is the place we'll get ourselves heard. Glad you have had some light in your tunnel.

Have you not been to the Parliamentary Ombudsman? Most of the sols are crap. Did you not try Stephen Lawson- Forshaws? I only know of two CSA sols. SL and James Pirrie who practises in London.

Give Stephen Lawson a phone call. There might be a chance he will act for you pro bono.

http://www.qualitysolicitors.com/fdr/our-team/stephen-lawson

Like Cally says you need a complete account breakdown from day one.

I don't believe the judge will throw you out.

This must have been going on for ages. Have they secured a charging order against the house in the past?

shoe*diva79

penjohn wrote: »

ok so we are finally here, the date has arrived when we will go to court to see if mr Judge decides if it is fair to force the sale of my home and put myself and my partner and two kids on the streets to pay the pwc alleged arrears from a case 'she' closed, which was dropped on us 7 years after closure with no choice to offer instalements, although that is not acceptable to the pwc she actually wants to see us on the street and rather have a lump sum. talk about sour grapes of the extreme. Is there anyone who can tell me what will happen on the day, im a litttle more than worried to say the least.

Do you agree with the arrears? Have you taken steps to make sure they are correct?

kevin137

shoe*diva79 wrote: »

Do you agree with the arrears? Have you taken steps to make sure they are correct?

I was going to ask the same thing, if the case was closed, then technically it can't have arrears, as you can't close a case with money owing...

Have you got your Data file and if so do you agree with the amounts, if there are ANY discrepancies that have been raised then a judge should not be able to enforce anything, not that he would see children homeless...

But the next point, is why has it got so far...??? For them to order a sale, they must have an LO, if they have an LO they must of been in some form of communication with you...??? If they have been in communication did you make offer of payment in writing...???

If you have made an offer, did you put that money aside anyway...??? The judge is going to want to know why you would make an offer affordable to you, and then when refused not put it aside anyway... If this had been done, then it would put them in a bad light and you in a good light...

All things you need to answer honestly if you are serious about getting help, the more details the better...

Like how much is the arrears, how much did you offer when you became aware etc all help in advise...

Personally, to let it get this far is not good, and there is probably a case of head and sand in this, but you had a responsibility and the arrears while generally wrong, must of started for a reason, so again, the more detail the better for you to get help...

shoe*diva79

I agree Kevin, to let things get this far I suspect the OP has had head in sand syndrome.

As awful as the CSA can be, i haven't ever heard of them not accepting any payment for arrears. Te only instance they wouldn't is if the OP has repeatedly not kept to arrangements. And then like most companies, the whole debt can then be enforced.

kevin137

shoe*diva79 wrote: »

I agree Kevin, to let things get this far I suspect the OP has had head in sand syndrome.

As awful as the CSA can be, i haven't ever heard of them not accepting any payment for arrears. Te only instance they wouldn't is if the OP has repeatedly not kept to arrangements. And then like most companies, the whole debt can then be enforced.

Did we just agree on something...??? :beer:

I think there is a lot more to this, and being that the OP made an offer, if there is NO money at court, then i could see it going terribly wrong, if there is money there, then i don't believe it could happen, but judges, while following the law, will not be made a mockery of, and i would be concerned if i had no money to pay on the spot...!!!

ANY offer of payment of debt should be accepted as a lawful payment, if the money was refused it should still of been put aside as if being paid regardless...!!!

As for what happens if the order is made, well there will be grounds for appeal, for sure, and probably overturned anyway.

However, NO child would be made homeless, as if you actually refuse to leave and are evicted by bailiffs the council have a legal obligation to house you in the UK, if you leave because you are ordered but before bailiffs, the council could refuse on the grounds you made yourself intentionally homeless, catch 22, but that is how it is...