Husband CSA debt no asets please help

[Baggies121178]

Basically my husband was made redundant January 2010, and has been out of work ever since as he can't find a high enough paid job to cover CSA & nursery fees as I work too.
As a result he is basically a stay at home husband with no income, doesn't claim benefits and we get very little CTC due to my level of earnings alone.
The debt with the CSA came about around the time of redundancy and he now has a nil payment assigned.
To bring the debt down I set up a standing order of £20 from my wages every calendar month.
It's now come to light that the CSA have not been deducting this from the debt, and have now passed the debt to Rossendales who are applying bailiff action.
I called them yesterday, with his permission to them to discuss with me, to advise them that this is my house (I've been here 1998, which before the children were born that the CsA are calculating for we're even born) all of the goods inside I have receipts for (I'm good like that for the sales of good act I keep everything) and my car is a company car which I have a P11D for so there is no point coming I don't want then distressing my children as my eldest is at high school so sometimes she's home alone before I get home if my husband takes our son out for the day.
I was advised that they'll still come round as they need proof I explained that I'll send them the proof as I won't let them in and once I prove I own the house I will ask they leave my property (would they not be trespassing?) she said that they are still going to come and she wanted to spk to my husband.
I told her he had now gone out (which he had) I explained that I was already paying money off the debt but she confirmed they were not receiving it, the CSA are a bloody joke!!! What should I do?
Can I get the money that has been paid firstly taken off the debt?
Should I stop paying CSA and now give that money to debt collectors?
How can I stop them coming here, I have all documentation all the bills are in my name, I own everything andthe house is mortgaged solely in my name, the only thing is a joint account with £1 in we then have separate bank accounts, and his name is on the council tax bill and we have a joint CTCredit award because you have to???
I've never bothered changing anything to how it was before we got back together I'm so glad I didn't as the CSA have been unbelievably poor in their approach!

[teaboy2]

Re: Husband CSA debt no asets please help

IT is the CSA that you need to contact as it appears they are the ones that did not take the money you paid of the account, which if they had their would be no debt. Also your husband should have told them he was made redundant as they can not take money from you for it, and if he has not get any income they can not take anything from him. Even if your husband went on to job seekers allowance they would have to reduce the amount they take.

You will need to explain to them that as they have failed to keep accurate data of your husbands account for whom you have been making payments for, then they may be in potential breach of the data protection act 1998 (also libel/slander, for telling a 3rd party you had a debt when you did not) and as a result of the harassment from the bailiff it is clear in law that the CSA are ultimately liable for the actions of 3rd parties employed or contracted by them, and they therefore maybe in breach of the protection from harassment act 1997.

But yes, contact CSA and inform them you have been paying on your husbands behalf tell them you have the bank statements to prove it, and if they do not take the non exsistant made up debt of theirs back from the bailiffs that you will take legal action. Also inform them your husband is now on no income and not in receipt of benefits.

[Baggies121178]

Re: Husband CSA debt no asets please help

My husband still owed money but we are paying it in installments but because we are not paying it within 2 years they have passed it to the debt collectors so where does that leave us?
We are just calling them now to reiterate your advice I will update after thanks for your help.

[Guest]

Re: Husband CSA debt no asets please help

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I was advised that they'll still come round as they need proof I explained that I'll send them the proof as I won't let them in and once I prove I own the house I will ask they leave my property (would they not be trespassing?)

They wouldnt commit trespass because a certificated bailiff can enter a prioperty without permission. That does not give a right to break in to a property.

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she said that they are still going to come and she wanted to spk to my husband.

Record it on video, that way he captures any supidities the bailiffs make. DO NOT open the door, speak through a window.

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I told her he had now gone out (which he had) I explained that I was already paying money off the debt but she confirmed they were not receiving it, the CSA are a bloody joke!!! What should I do?

Write a letter clearly marfked at the top with the words FORMAL COMPLAINT, say, in your own words, what has happened, and clearly say what you want the CSA to do to resolve the complaint. Then seek advice from the Independent Case Examiner. http://www.ind-case-exam.org.uk/

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Can I get the money that has been paid firstly taken off the debt?

Ask for it in your formal complaint letter.

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Should I stop paying CSA and now give that money to debt collectors?

NO!

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How can I stop them coming here, I have all documentation all the bills are in my name, I own everything

Make a declaration of ownership: and keep it handy in case a bailiff turns up saying he wants to levy your goods.

DECLARATION OF OWNERSHIP

I [NAME OF OWNER OF GOODS] of [ADDRESS AND POSTCODE] make this statement knowing that it may be presented to a Court and believing the contents to be true.

1. I am the lawful tenant of the aforementioned address and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my goods or deprive me of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

2. I further declare that any bailiff or person seeking a money transfer from somebody else including members of my household may not consider my goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

3. This statement will be served on a firm of bailiffs known as [NAME] of [ADDRESS] by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert my goods to somebody else’s use.

4. I believe that the facts given in this statement are true.

[NAME] _______________________

Date__________________________


Sworn before me:


______________________________
An officer of the Court.

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andthe house is mortgaged solely in my name,

Your house is safe, the CSA cannot get a charging order on it provided he is not named on the Title Deeds.

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the only thing is a joint account with £1 in we then have separate bank accounts,

The CSA wont bother arresting a bank account for £1. Make sure your accounts are not held jointly until this matter is resolved.

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and his name is on the council tax bill and we have a joint CTCredit award because you have to???

I dont know enough about benefits, bit I read somewhere the claim does not have to be a joint claim, you can claim on your own.

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I've never bothered changing anything to how it was before we got back together I'm so glad I didn't as the CSA have been unbelievably poor in their approach!

This looks like a case for a formal complaint to stop enforcment action, get your money back and correct the assessment to recalculate what is outstanding then set up an affordable repayment plan. If he is not claiming benefits, that could be why the CSA is on your back.

[Baggies121178]

Re: Husband CSA debt no asets please help

Have called to be quite frank twisted the lady on the phone in knots, I pointed out the following observations:
An agreement was made for £20 to be paid monthly which has been maintained
We notified the CSA at the time that my husband had no assets or income, he was also nil assessed
Despite me offering the CSA documentation to prove my position in the home they refused and still continued with the liability order, even though he had a nil assessment validates that he had no income.
They proceeded with court action which we did not attend
This has been passed to bailiffs who I have again been forthwith providing documentation that they would get if they attended my address, they refused this advising they will not accept unless they come to my property, I pouted out this is a form of harrassment to me
As the bailiffs are acting as a third party to the CSA, they are liable for legal action against them for harrassment as due to me offering the documentation try have refused
I also pointed out given my husbands financial position they would be entitled to zero and the debt is his not mine therefore should be harassing me
She advised she could not withdraw bailiff action neither could they accept it taking 16years to pay off, I pointed out that if it was not for me it would take longer as he has nothing so how are they going to achieve more than we have done by proceeding with these actions , she could not answer
I then requested they send to me in writing confirmation that they can not withdraw bailiff action despite me offering proof of my position she said she could not do this, so I requested that she puts it in writing that she could not dot do that and she said she would need to check with the bailiff department and come back to me which would take up to 14 days
Should I write a complaint letter to CSA by recorded delivery and make this official?

[Guest]

Re: Husband CSA debt no asets please help

Yes.

[teaboy2]

Re: Husband CSA debt no asets please help

Defiently yes, as they perfectly well can withdraw the bailiff.

[Baggies121178]

Re: Husband CSA debt no asets please help

They wouldnt commit trespass because a certificated bailiff can enter a prioperty without permission. That does not give a right to break in to a property.

Even if they are on property that is not owned or rented by the debtor?

DECLARATION OF OWNERSHIP

Do I need to get this drawn up by a solicitor?
Also can I send this to both CSA & Bailiffs now I want to prevent them coming to my home where my children are.
CSA confirmed the only way I could prevent them is paying the amount in full, but I pointed out this is not my debt and your coming to my solely owned property for someone else's debt??


The small amount of CTC we do get has to be joint but we loose it match all together anyway so this does not cencern me.

[Guest]

Re: Husband CSA debt no asets please help

They wouldnt commit trespass because a certificated bailiff can enter a prioperty without permission. That does not give a right to break in to a property.

Even if they are on property that is not owned or rented by the debtor?

Yes, the certificate allows him to enter a property without permission

DECLARATION OF OWNERSHIP

Do I need to get this drawn up by a solicitor?

No, and it doesnt need to be sworn as there is no CSA regulation requiring it, but getting it sworn strengthens it. Just type it up and print it, then get it sworn before a commissioner of oaths. Fee is about £5.

Also can I send this to both CSA & Bailiffs now

Yes.

I want to prevent them coming to my home where my children are.

You dont have to let them in. Just keep your door locked. You are not legally obliged to talk to them. Call police on 999 if you feel intimidated or they threaten you with something.

CSA confirmed the only way I could prevent them is paying the amount in full, but I pointed out this is not my debt and your coming to my solely owned property for someone else's debt??

Make a formal complaint

The small amount of CTC we do get has to be joint but we loose it match all together anyway so this does not cencern me.

Take his name off the claim, you might actually get a larger sum. Speak to an expert first.

[CleverClogs]

Re: Husband CSA debt no asets please help

I don't want them distressing my children as my eldest is at high school so sometimes she's home alone before I get home

Don't worry.

Despite the tales that Tossendales (a lucky typo) might tell you, they are not permitted to levy distress on your children. rent them out to child abusers or sell them to the local glue works.

If one of their oafs worries her when she is alone in the house, she should telephone the plods and get the bugger(s) arrested.

[Baggies121178]

Re: Husband CSA debt no asets please help

Letter and declaration of ownership typed will send by recorded tomorrow and keep you posted thank you for your help and support.

[ploddertom]

Re: Husband CSA debt no asets please help

2 good sources of info for CSA matters can be found by Googling for NACSA or deadbeatdads