Enforcement action

leighliz

Hi, i'm looking for some advise. I had a detailed conversation with the Legal Enforcement Team a few weeks ago and they explained that they are going to attempt a "force of sale" of my ex's house. This is because they have a charging order on the property for almost £17,000 arrears plus a further liability order for almost £4000 and he has always refused to pay. They explained that the would try to negotiate a deal where he remortgages or takes out a loan to cover the arrears and basically put pressure on him until he does something about paying. They have contacted me this morning to ask will I accept £200.00 per month rather than take the above action.

I'm not sure what to do, is this a good offer. I feel it is his way of avoiding his responsibilities again, and if he offers this amount, the pressure will be taken off. If he can afford this money each month, why then has he never attempted to pay any regular maintenance? I'm sure that once the agreement is in place he will simply ignore it. Can I refuse this and insist that they carry on with the enforcement action and keep putting preasure on him or am I better just to accept and see what happens.

Any advise would be greatly appreciated.

misswig

Hi

Personally i would continue with the legal enforcement action as there is no saying that once an agreement for £200 per month is sorted that he will actually pay it then it will all start again. To have racked up that a,mount of arrears the case must have been running for a number of years so stick it out, make him pay the full amount owed to you for the benefit of you and your children.

Good luck

daisy_doughnut_2

if you follow kellogs you will see she has been in your situation she stuck it out an won

if you accept the 200 a month there is nothing saying he may loes his job or simply disapear

me personally would stick it out as you have been doing i understand 200 can mean a world of difference but you have never had it so wont miss it when the long run will lead to all arrears an a monthly amount as well stick at it good luck

leighliz

Thanks, yes the case has been running for over 6 years and I have received very little in way of maintenance. What concerns me is that he is sounding very sincere and convincing to the Enforcement Team and they seem to believe everything he says, when the case clearly shows that he will do anything in his power to avoid payment. I think I will refuse this offer, as you say I'm not getting the money now so won't miss it, and i'l fight on. Thanks for your comments

Sensemaya

Refuse the generous offer. Think how many years it will be before the 17K will be paid off in dribs and drabs. The CSA have a nerve even asking you.

My fear is he will persuade the CSA to come to an arrangement of £200 per month and then renege on it. Then you are back to square one.

I would also remind the CSA of his past behaviour. Stand your ground.

kelloggs36

Yes, refuse. If he owes you over £21k at £200 per month it will take him almost 9 years to pay off the debt which is unacceptable. If you stick it out and they push you may find that he remortgages. My ex refused to pay and was ordered by the Courts to pay £200 per month but after a year he stopped and it took another year to get back in to Court again. Ask if they will take Committal action to try and get him to remortgage - but an Order for Sale is good, but it takes an absoloute age.

leighliz

Thanks for that Kelloggs, I knew you would give the best advise as I have been following your case. They are supposed to call me back tomorrow after they have spoken to the NRP again, so I will refuse the offer and push for commital action. Again many thanks.

iluvfreebies

Well done for getting so far ) think kellogs has hit t would take so long to pay back at £200/mth and he could just stop paying and the process would have to start again. I'd stick to my guns if i were you but obviously you have to do whats best for you and your child/ren

leighliz

Just a little update, it seems that he has passed over 70% of his house over to his partner and therefore the CSA will not force a sale and have accepted the 200.00 per month no questions asked!!! I can't believe knowing the history of the case that they can do this. Is there anyway I can appeal this decision

Sensemaya

leighliz wrote: »

Just a little update, it seems that he has passed over 70% of his house over to his partner and therefore the CSA will not force a sale and have accepted the 200.00 per month no questions asked!!! I can't believe knowing the history of the case that they can do this. Is there anyway I can appeal this decision

Have you done a Land Registry search on when it was passed over? I'm sure there is some legislation on this and something can be done as it has obviously been done deliberately. I'm sure Kelloggs can expand further.

I really feel for you. Like I said in my previous post, I thought this might happen.

leighliz

I have just got a copy of the land registry search and there is nothing listed there even though the court presenting officer claims to have seen some paperwork. Not sure where I go from here