Enforcement action

Sensemaya

leighliz wrote: »

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

Are details of the CO listed on LR search? Is the property in his sole name or joint names?

Did the officer quote from what paperwork was being referred too? If not, I would phone and ask. Don't be fobbed off with the standard reply of " not allowed to disclose that under DPA" crap.

Read up on Charging Orders:
http://www.csa.gov.uk/en/advisers/guides/enforcement/engw/chapter06.asp#S4

daisy_doughnut_2

what an !!!
i also read somewhere that if you can prove that he gave 70%of the house to her deliberatly to avoid csa payments then you can still forse sale

dont give up yet im sure kellogs will be along soon

DD x

leighliz

Yes the house is listed as being in both names but does not give a 30/70 split, not sure where that info would be kept, if at all. How can I proove that he handed her his share to avoid his liability, although he has told me he did, he's not going to let the CSA know that.

kelloggs36

I would advise at this stage to see if he makes any payments as he has transferred his share - although it really depends on how much equity there is in the property. If his 30% share still exceeds what he owes there is still a valid reason to go for the order for sale. It will be very difficult to prove he transferred it although you can always call the Land Registry - they are really helpful!

If he fails to make a payment you can try and push them towards a Committal - what is likely to happen is that a Judge will make him pay a certain amount per month and if he fails, then it will go back for him to explain his failure to pay. He will only get one chance here and may end up remortgaging or raising the money if he wants to stay out of jail! This is what happened to me, although my ex didn't transfer any of his equity over - it really hinges on the equity in the house.

Good luck.

leighliz

Thanks for that Kelloggs, yes there is plenty of equity in the house, as far as I am aware he put in at least £50,000 and the property has risen in value over the last 3 1/2 years, it has had a lot of work done on it. I am sure that even his 30% share would cover the amount of the charging order which is £16,500 approx. One more thing you may be able to help with, he went to court again on Tuesday to get a 2nd liability order. Will this now go through the same process of bailliff action etc or because he has agreed 200.00 a month on the other liability order of 16,500 they will not take this action. Incidentially, he pays o regular maintenance so although he may be payinbg 200.00 off the arrears at one end, they are building at the other, what if anything can be done about that. Sorry to ask so man questions, but you do seem to now exactly what your talking about, which is a rareity indeed from someone who works for the CSA!

kelloggs36

This second liability order is a separate amount and so you could now ask for yet another charging order be placed on his property to secure the debt. Technically you could ask for action to be taken in respect of this second debt if they have made an agreement in respect of the first - as the agreement hasn't covered this new debt. I recommend that every 6 months to a year, you get them to get another liability order and charging order on his property in order to ensure that the debt is secured and he cannot simply disappear. It is difficult to predict what they WILL do as they change their minds more often than I change my underwear (which incidentally is at least once per day lol)!!!!

My ex has supposedly made an agreement to pay off the last £3.5k but at a ridiculous rate of £20 per MONTH, so it will take over 12 years to pay it off at this rate! I will ask if that last bit can be secured by liability order considering he is very likely to break the agreement.

leighliz

Thanks once again Kelloggs, that sounds like great advise, and I will get onto them straight away. Just one more thing, the CSA have discovered that he is claiming tax credits which he has never declared, how will this affect the case.
PS nice to know you change your underwear often!!!!!!!(lol)