Conker v CSA

[conker]

I have had an ongoing problem with the CSA for a couple of years now.They state I have arrears of £2500 where I believe they should be around £1700.I have tried so many times with the CSA to have the amount adjusted to no avail.I now have a liability order against me.Marstons bailiffs originally returned the matter to the CSA as I was residing at a friends house and he was able to fob them off.I am back home now and now the CSA have sent Marstons again which has really scared my family.

I have a first notice and a notice of distress which lists the two household cars one which is in my wife's name the other in mine(worth about £300).

I am in no financial position to pay and have offered them the £20.00 a month that I am currently paying direct to the CSA which they have refused
What will be their next move?They have given me 5 days to pay!!

Do I need to make some sort of declaration re goods in my house as most are my wife's?

Can they do anything to the cars at this stage especially my wife's??I also use mine for work

Nobody listens to ability to pay how can I get a court to assess my position and make a ruling to get these people off my back?Which court would I speak to the one where the Liability Order was made???

Help needed urgently please

Regards
Conker

[Guest]

Re: Conker v CSA

First of all you must establish what you owe. Why is there an £800 difference in what you say you owe and the CSA say you owe?

You must ask for a breakdown of the sum owing and a copy of the assessment that this sum was based on. This should be directed at the CSA and all communication must be in writing.

If you act now, you may be able to have the CSA halt any recovery proceedings, but you must also understand that Liability Orders rarely happen without a great deal of preceding paperwork, so by allowing things to get this far, you have made it harder for yourself.

Read the bailiff guide, here Bailiff Guide - Legal Beagles for further information on what they will tend to do next.

[conker]

Re: Conker v CSA

Hi Cetelco

I know i have left things to late but was disputing the amount with the CSA for ages as said to no avail.I am at the end of my tether and cannot dispute the matter further.I understand the seriousness of the matter.I am in serious financial difficulty and need to find out how I can get this to court so an agreement can be made which I am able to pay?

Regards
Conker

[Amy]

Re: Conker v CSA

I am in serious financial difficulty and need to find out how I can get this to court so an agreement can be made which I am able to pay?

If you have a Liability Order against you then it has already been to court. Do as advised and send a Subject Access Request to the CSA to ascertain how much you have actually paid and how they came to the decision of how much they say you owe.

[conker]

Re: Conker v CSA

I have requested and recieved the SAR though don't fully understand it all.The CSA have refused to change the amount due as they will not accept the info I have given them makes any difference to what they think I should pay.I have even involved my MP to no avail.

I really need help about how to handle Marstons.Thank you and have read info on Bailiffs but cannot see any reference to the CSA.

The questions i need answering are

What will happen in 5 days?
Can the bailiff clamp any cars outside the house?
Should i fax them a copy of the registration form of my wifes car?
Should i remove my car to a "safe" place?
How do get a court ruling enabling me to pay what i can afford?

Thanks all for your assistance

[Amy]

Re: Conker v CSA

I have requested and recieved the SAR though don't fully understand it all.The CSA have refused to change the amount due as they will not accept the info I have given them makes any difference to what they think I should pay.I have even involved my MP to no avail.

Do they explain the difference in what they say you owe and what you think you owe?

A bailiff - is a bailiff - is a bailiff. It doesn't matter that the CSA hasn't been specifically mentioned.

The questions i need answering are

Can the bailiff clamp any cars outside the house? Yes, so park it somewhere they cannot find it.
Should i fax them a copy of the registration form of my wifes car? No, write to them formally.
Should i remove my car to a "safe" place? See above.
How do get a court ruling enabling me to pay what i can afford? What did the SAR contain?

[conker]

Re: Conker v CSA

Thanks Amy I should have said earlier that I have two documents left by the bailiff(i was not here when he called)One is a First Notice the other is a Notice of Distress which has listed the two family cars on it am I ok to remove them still??The form has not been signed by me just the bailiff???

The reason I was going to fax a copy of the reg doc is due to postal strike would follow up via mail as well.Can they still clamp the car in my wife's name even if they have this copy or should i just make sure it is not here??How long do i have to "hide" the cars

The SAR is about 4 inches thick containing correspondence,case workers actions etc to be honest I don't really understand it and have all but given up hope of getting them to change the amount they say i owe??

[Amy]

Re: Conker v CSA

Thanks Amy I should have said earlier that I have two documents left by the bailiff(i was not here when he called)One is a First Notice the other is a Notice of Distress which has listed the two family cars on it am I ok to remove them still??The form has not been signed by me just the bailiff???

Yes, move them away.

The reason I was going to fax a copy of the reg doc is due to postal strike would follow up via mail as well.

Oh yes, I forgot about that. Yes, fax it then.

Can they still clamp the car in my wife's name even if they have this copy or should i just make sure it is not here??How long do i have to "hide" the cars

No they cannot clamp a car that does not belong to the debtor. However, the onus is on you to prove that it is not yours. So yes, fax your documents over.

[conker]

Re: Conker v CSA

would you say that would be sufficient to prevent them clamping my wife's car or are they liable to deny recieving the reg doc and just clamp it anyway??As you can imagine this is not very nice for my wife and thank you so much for your time

[Amy]

Re: Conker v CSA

would you say that would be sufficient to prevent them clamping my wife's car or are they liable to deny recieving the reg doc and just clamp it anyway??As you can imagine this is not very nice for my wife and thank you so much for your time

It certainly should be enough, but you are dealing with bailiffs here and they lie by nature, so make sure you keep a written/paper record of everything.

[conker]

Re: Conker v CSA

thanks and finally for tonight how do I get this to a court so an agreement can be made

amy apologies have just reread forms left by Marstons and the Notice of Distress says they have this day siezed the goods listed below ie the two cars and that they are now the custody of the law and may not be removed without the bailiffs authority??Sounds scary is this true even though I have not signed the form?Should I still remove them??

[Tools]

Re: Conker v CSA

If they had been "seized" then they would have already been clamped. Move the cars as Amy suggested ASAP.

If they do come to the house then have a copy of the V5 to hand and give them it to prove the ownership of your wife's car.

Is it possible you could scan up the main parts of the SAR relating to the amount owed etc. ( I am sure Amy will ask to see other documents too )

[conker]

Re: Conker v CSA

please advise the national debtline whom i spoke to today advised me not to move my car away as i may be sued is this correct?

[TUTTSI]

Re: Conker v CSA

What about applying to the court for a Time Order http://www.insolvencyhelpline.co.uk/...ime_orders.php

[Amethyst]

Re: Conker v CSA

Yes that is right on your car as it has been levied correctly - your wifes has not tho - did you get those documents faxed over ?