boyfriends CSA debt and the bailiffs

[dasher101]

Hi , This is my first post and I need any available advice . my partner has debt with the CSA . Even though he has always paid his ex in cash she is now telling the CSA he has not paid for years . He is in the building trade and has had hardly any work for the time we have been together. I support him by covering food and household expences but cannot help with this debt .

We have been together nearly 3 years and the stress of the situation is affecting our relationship. He is being treated for depression

The house is mine and nearly everything in it I have had since before we met. He has tools and clothes only.

Bailiffs are calling and I don't know what to do. Part of me wants to let them in and prove its my house and show reciepts /old photos for my possessions but I'm scared they will come back and break in and take things anyway.

He has tried the CAB but they were unable to offer any advice

Any advice would be welcome . Thanks

[seduraed]

Re: boyfriends CSA debt and the bailiffs

First of all don't panic . There are lots of very knowledgable people here on he forum and I'm sure that one of them will be along shortly. First of all read the bailiff guide Types Of Bailiffs And Their Fees - Legal Beagles Consumer Forum . Does your partner have receipts/ bank statements forthe payments made to his ex? If he has these need to be got together and copies sent to the CSA. My limited knowledge of them is that hey are at best barely competent and try the easy targets. Has an order been made? has it been stuck to?

DO NOT LET THEBAILIFFS IN! For any reason under any pretext whatsoever .

[dasher101]

Re: boyfriends CSA debt and the bailiffs

Thank you for the reply, he is unable to deal with the CSA .Each time he phones he deals with a different person, no-one is interested in listening and he can't get a face to face appointment. Total waste of time.

It did go to magistrates court but due to his depression is unable to cope and didn't go. He has buried his head in the sand.

Ex is lying about payments he did make and will not believe he is out of work.I know I have to get him to face the problem but my immediate concern is my home. I can see that it boils down to refusing them entry but how long will I have to keep windows etc closed .

Ive heard about a statement of declaration that I can make to swear the possessions are mine but dont know how to go about it.

[WendyB]

Re: boyfriends CSA debt and the bailiffs

I'll ask Amy to come and have a look at this, she's the best one on this forum to advise.

[Amy]

Re: boyfriends CSA debt and the bailiffs

The worst thing you can do is to let the bailiff in. Have a read here for further information Bailiff Guide - Legal Beagles Consumer Forum

What paperwork do you have for this debt? Do you have the bailiff's name? If you do, check to see if he is certificated (link in the bailiff guide above).

The second worst thing you can do is to telephone either the CSA or the bailiff. You need to write and get proof of posting which is free. He is going to have to deal with this because it won't just go away.

What contact have you had with the bailiff and how much is the debt?

I know it's a lot of questions, but we need a fuller picture in order to help you.

xx

[dasher101]

Re: boyfriends CSA debt and the bailiffs

Hi , thanks all for replies.
apart from the letters off the bailiff threatening to come he has nothing breaking down the debt. Its for £2,600 .
He did pay £250( with difficulty) when the letters first started 3 months ago but has had no income since.
I've spoken to the bailiff out of the bedroom window , I told him my partner stays with me regularly but doesn't live with me , which was a fib , but I just wanted him to go away. I've checked and he is registered .
I'm not embarrased by him calling ,I'm just worried they'll get in my house somehow.
If I prove the stuff is mine will they come back and try to take it anyway?

[Amy]

Re: boyfriends CSA debt and the bailiffs

The bailiff can only take what belongs to the debtor, which is not you and then, only if you let him in.

[dasher101]

Re: boyfriends CSA debt and the bailiffs

Thanks Amy

[ExBailiff31]

Re: boyfriends CSA debt and the bailiffs

This is somewhat of a difficult situation, firstly under no circumstances should you allow the Bailiff in if needs be go out side and talk or if you need more privacy ask if you can sit in his vehicle or if you have access to the rear of the house (that does not go through your house) then meet with him in the back garden but lock your back door or speak to him through a small open window.
You state that it's your house and so are most of the possessions in it, I'm sure this is the case but I would question how you would go about proving on paper that you own certain items? for example you will have registration documents for your vehicle and so can prove ownership there but what would you have for your television or sofa or pictures or microwaves etc it could be argued that because he lives there that you jointly own everything (hence why you should not let him in) next Get a letter of authority from your partner to act on his behalf as you are not directly liable this diminishes the Bailiffs power yet further and write down a plan of payments which you can send to the Bailiff office and a copy to the CSA once a payment shedule has been agreed PAY THE CSA DIRECTLY NOT THE BAILIFF OR HE WILL TAKE HIS FEES FIRST AND YOU WILL END UP PAYING MORE once the final payment has been recieved the Bailiff fees will be removed as they cannot be enforced IF YOU HAVE NEVER LET THE BAILIFF IN TO LEVY DISTRESS. a quick note on the levy you state your partner is in the building trade i would assume he has a vehicle which if the Bailiff knows which one it is he can remove it as it is NOT a tool of the trade and although it would make it very difficult to travel to work his ability to earn money is still there via his tools.

[ploddertom]

Re: boyfriends CSA debt and the bailiffs

If all the goods within the property are your own but have actual difficulty proving this you may swaer a Statutory Declaration at most solicitors - cost £5/£10 - and it is best to ask for a couple of extra notarised copies. When your mate comes back you may hand him one, this will not prevent him hounding your OH though. Here's an example of what you could use.





STATUTORY DECLARATION

I,____________________________ ______________

address___________________________________________ ______

__________________________________________________ _____

make the following declaration under the Statutory Declarations Act 1835:

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.

Signed:


Declared at___________________on__________________of 20___
Before me,

<Signature of person before whom the declaration is made>

Full Name___________________________Qualification______ ______


Address___________________________________________ _______
of person before whom the declaration is made (in printed letters)

Better info for CSA may be had from NACSA or deadbeatdads

PT