CMS liability order enforcement
Asdandme
Posts: 2 Newbie
Re: Historic CMS Arrears case relating to adult child of my disabled husband (who has autism and learning difficulty). Husband does not understand what is going on so I am dealing with everything.
CMS know husband has no income a hasn't (no benefits) for nearly 7 years.
Refusing to accept reduced installment payments (going for full 24 month steer). Debt less than £2900.! I have offered to pay in smaller installments, but it is not my debt and we have three young children, one who also has diagnosed autism and another awaiting diagnosis.
CMS now saying they are applying for a liability order.! Husband owns nothing in the property (I have receipts) and owns no equity in property. Can they send bailiffs and what do I do to stop this? It will create distress for my children and stress for myself that I could do without. Also can they get an order for sale on the property?
CMS know husband has no income a hasn't (no benefits) for nearly 7 years.
Refusing to accept reduced installment payments (going for full 24 month steer). Debt less than £2900.! I have offered to pay in smaller installments, but it is not my debt and we have three young children, one who also has diagnosed autism and another awaiting diagnosis.
CMS now saying they are applying for a liability order.! Husband owns nothing in the property (I have receipts) and owns no equity in property. Can they send bailiffs and what do I do to stop this? It will create distress for my children and stress for myself that I could do without. Also can they get an order for sale on the property?
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Comments
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CMS will be able to get the Liability Order as this is a legal step to have the debt recognised and allow enforcement. If they are unable to place a hold on a bank account, deduct from a salary or a benefit, it would be usual for them to pass the debt to bailiffs for collection. However, the bailiffs used do not tend to take goods in payment. They will try to come to a payment arrangement but may ask to see a full financial breakdown to work out suitable payments.
Is there a reason your husband is not in receipt of any benefits? There is a chance they could view this as intentionally depriving himself of income if applications have not been made when he would qualify.
Have you had a breakdown of when the arrears were built up and what assessments were in place at the time? Were they built up during a period your husband was working? There is a chance some of the funds are owed to state rather than his ex depending on when the case dates back to. There must have been previous correspondence from CMS and most likely CSA as it takes a while to build up almost £2900 in arrears.
Not to raise your anxiety any further but having been through the bailiffs processes a number of times form the position of Receiving Parent, if the Bailiffs feel that they are unable to secure payment, the case will be passed back to CMS with a Nulla Bona. This confirms that payment was not able to be secured and it provides CMS with the ability to look at legal enforcement of the debt. This is why it’s important to be sure that the assessments and annual reviews were based on the correct income figures and that any changes in income were reported straight away. Also that payments made have been recorded.0 -
Thank you for your reply. The arrears are from CSA. Case closed a long time over 10 years. Now converted to CMS and they are going through old cases and now say he owes more from a period 18 years ago which means he can't dispute due to lack of bank statements etc ...
Not in receipt of benefits as he is a stay at home parent for the children one of whom needs lots of extra care and I earn too much.
He has applied for carers allowance, but still waiting for claim application to complete due to their backlog as we didn't know he was entitled before (M.P. told us when trying to help us with CMS).0 -
Just to make sure, is your husband entitled to any PIP benefit as I read your original post as being that your husband is disabled.
In your position I would seek assistance from CAB. Have you any proof that there was a nil balance owed at the time the case was closed 10 years ago? Also, were payments being made direct to the other parent? Based on the timescales you have mentioned, it may be that some of the money going to the other parent was actually due to the state and this is where the debt has come from.0 -
Hi,
If the Bailiff can prove your husband lives at the address they can sieze posessions if you let them in. I had similar with my ex wife; property rented in my name and bills in my name but they told me their court order was what they needed to go by unless I could prove she no longer lived there. Luckily for me I had letters from both the CMS and Social Services confirming she didn't.
As far as disputing it you first need to read their full case file on your husband (well, he does) and detail what is correct and what is incorrect, with evidence where you can. Present this back to them and you'll get some time for them to come to a conclusion. If they don't agree you need to take it to a court and present it to them too. Hopefully someone has agreed by this point but if not you need to then pay it. I would suggest a loan over maybe 5 years.. about £50 a month and paying the CMS upfront. Life is easier with them not in it.0
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