Help and Advice would be much appreciated - CSA and Bailiffs

Confused1986

Right where do I start...

I am after some much needed help after scouring the Internet for a situation similar with no clear cut answers. Out the blue 4 weeks ago a Bailiff from Marston's showed up at the door and my other half answered it. They claimed they were there to discuss an "outstanding debt" for CSA. My OH very much confident knowing he had paid child maintenance let him in to the house explained that this is a mistake.

He asked the Bailiff to leave as CSA had got it wrong. He left leaving a notice demanding £2500 of "CSA arrears" or they would be back to remove items of value from the property. (They did not note or write anything down taking a list of items at all)

My partner contacted CSA following this surprise visit requesting information as he had not received any warning letters or any contact advising this. Turns out his ex has gone to CSA claiming that he has not paid her for their child since 2010 and I presume gave his old address contact details knowing full well he has moved home since then.

My OH said this must be a mistake as he pays his ex direct by direct debit from the bank as agreed between them both and has proof of this. The same day he went to his bank and printed off four years of statements highlighting every payment he has paid her totalling 5 grand (double of what the arrears are within the same time period) The CSA said they would investigate his evidence and cease the Bailiffs visits and contact.

Within this time, my OH had an appointment with CAB who advised they can't do anything while the investigation is in place.

The CSA have concluded their investigation and claim they can only accept £450 out of £5000 already paid as child maintenance payments? If my OH does not pay immediately they are putting the Bailiffs back on course to remove items from the Property.

Us in a nut shell and items within the property...Me and my OH moved in together over a year ago into a rented property. None of us own any property, my partner doesn't own anything substantially expensive only items of any considered value, he owns is an Xbox 360 and his car which is under finance HPI agreement. Everything in our rented house (e.g TV, furniture) I own and brought with me from my previous rented property including a sofa (that is under SCS sofa Company finance) I have proof of this also with receipts. I suppose I will have to get my bank statements together too?

My OH is currently working away 5 hours drive across the Country and I am absolutely bricking a Bailiff turning up at the door as I have never experienced this before. I work full time and worried they are going break in whilst I am at work.

Few questions...

1) Why are the CSA claiming they can only accept £450 out of £2500? How do they come to this conclusion? It's in black and white that he's paid her a total of 5 grand!

2) I have read that if a Bailiff is allowed to enter a property with permission the first time, they are illegally allowed to gain access by any way necessary the second time (locksmith etc)

3) Can they get a Locksmith to break into a house I don't own and is completely rented. (I am embarrassed what my landlord is going to think of us as tenants and not to think of the cost of getting the door and locks fixed, especially as she had a brand new door fitted before we moved in!!!)

4) Can Bailiffs just take property that is owned by myself (easily proved) even though the claim is against my other half?

5) How is it not a fraudulent claim by his ex claiming that she has not received a single penny for their child when she has received double the payment on time every month since 2010. Not to mention the blocked access to see his child and only lets my OH see his child when she feels like it or if he pays her extra money by cash (which cannot be proved) just to get to see the little one. :mad:

I am absolutely going out of my head and my OH is climbing the wall stuck in a 4 week working contract. He couldn't get anything further out of CSA and is phoning the contact at the CAB tomorrow.

I thought the CSA was there to help parents claim the rightful money who those who completely avoid financially bringing up a child. But seriously for someone who cannot see his child regularly because of his EX, pays double of what the CSA payments would advise payment of (he even warned her of this when they split up 5 years ago that as he is self employed that payments via CSA would be less) how can the CSA start demanding for money from fathers that actually care and support their kids already. Fair enough I think its great the CSA do this IF IT'S DIRECTED TOWARDS THOSE WHO ACTUALLY AVOID PAYMENT.

Thank you for all those who have made it reading this far any advice would be much appreciated.

DUTR

Baliffs can only act upon a court warrant.
Why is the NRP offering to pay an arrears amount if they are confident there are no arrears?

Confused1986

I am sorry what is a NRP?

DUTR

Confused1986 wrote: »

I am sorry what is a NRP?

None Resident Parent.

Confused1986

He hasn't offered to pay these arrears as there he is 100% confident there are no arrears. He has paid her maintenance directly since they split up as agreed at the time through standing order and both agreed they didn't need to go to CSA. (well until she decided differently) Apparently these arrears are from a claim that his ex has received nothing not one penny from my OH (NRP) and CSA have worked out somehow he owes £2500 even though he has paid maintenance totalling 5 grand.

DUTR

Confused1986 wrote: »

He hasn't offered to pay these arrears as there he is 100% confident there are no arrears. He has paid her maintenance directly since they split up as agreed at the time through standing order and both agreed they didn't need to go to CSA. (well until she decided differently) Apparently these arrears are from a claim that his ex has received nothing not one penny from my OH (NRP) and CSA have worked out somehow he owes £2500 even though he has paid maintenance totalling 5 grand.

Trouble is spouting numbers only sensationalises the story and diminishes the effect.
I'm a NRP and pay thousands every year, I keep all contributions documented and although it varies from party to party, I choose not to pay direct, I get a statement annually which shows what is due for the next 12 months and confirms there are no arrears from the previous 12 months. My mate's who have dealings with the CSA also get annual statements.

Confused1986

I am not sensationalising any story and I could understand if he had avoided her and gave her naff all. I just don't understand even though he has provided evidence of payment every month for the last 4 years how they can only accept he has paid £450 over all this time. CSA don't make any sense. Maybe should have gone through the CSA in the first place but I didn't think this was an obligation if you can mutually agree a payment after you split up and have a child together.

DUTR

Confused1986 wrote: »

I am not sensationalising any story and I could understand if he had avoided her and gave her naff all. I just don't understand even though he has provided evidence of payment every month for the last 4 years how they can only accept he has paid £450 over all this time. CSA don't make any sense. Maybe should have gone through the CSA in the first place but I didn't think this was an obligation if you can mutually agree a payment after you split up and have a child together.

Always follow the written word from them, if there is documentation from the CSA for direct pay then that is permissable. 1st port of call is often via the CSA and that is the safer way for the NRP.

Confused1986

Lesson learnt then.

DUTR

Confused1986 wrote: »

Lesson learnt then.

Trouble is , some see having a CSA case open as in some way a criminalisation, so if a case is open for say £20/week and the NRP pays the PWC (parent with care) directly, the CSA can see this as arrears building up even though the NRP believes they are adhering to the plan.
In your friend's case it does seem odd that baliffs have shown as this is usually a later resort and not without warning many times beforehand, even after 3 missed payemnts letters start appearing (were these ignored?) .

Confused1986

CSA have confirmed these letters were sent 3 months ago to an address which his mum previously rented however she moved out well over a year ago. Unfortunately these letters were not sent back as "return to sender does not reside here etc" so CSA say. So can only think that the landlord or the current tenant has thrown them because my OH lived there a matter of months over 3 years ago.. I live with him I see what post comes through, as he works away a lot he asks me to open his post and let him know what has come through just incase anything is important and sorry I think I would have seen something like that. We haven't seen nothing considering he is on the electoral roll, council tax how could the CSA not find him but the Bailiffs could.