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Bailiff & CSA

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  • Bailiff & CSA

    Hi All,
    I hope someone can help. Let me give you a bit of background into my situation, I split from my Ex many years ago, at that time I started making CSA payments every 4 weeks from my wages. I was then off work sick for 50 weeks, I notified the CSA of this, at the same time I notified them that I had moved back in with my Ex and my 3 children. What I didn't realise at the time and what only come to light after I split from my ex (once and for all) that she had been claiming housing benefit and council tax benefit and never added me to the electoral roll. I was paying all the rent and the bills. Due to this the CSA carried on totting up arrears.

    4 years on and I'm happily married with 5 children between us. I had been paying my EX cash every month that she didn't declare so therefore the CSA said I hadn't been paying even though I had a contract signed by myself and my Ex and receipts every month for the payments I had made (including payments paid straight into her bank account).

    I then appealed against the decision the CSA had made on the basis I had been paying and the fact that my current employer paid me monthly (the CSA still wanted to take payments every 4 weeks, no matter how many times I told them my employer had changed).

    I lost this appeal twice. I then got made redundant and decided to go self-employed, I contact the CSA on four different occasions and told them of this and also that my Ex and myself had an agreement and we didn't wish for them to deal with the case. I was told that because I had arrears they wouldn't allow me to have an arrangement with my Ex.

    I have been paying the CSA £60 per month off my arrears as this is all I can afford with being self-employed (I also pay my EX). I have sent the CSA my accounts so they can see I cannot afford anything else.

    Today (26-03-12) I received a letter from Rossendales stating I have 7 days from the date of their letter (19-03-12) to pay £11,200.00 and if I fail they will send bailiffs to seize goods to the value of. I don't own anything, I left my Ex partner with everything and everything I have now is what my wife had before I met her.
    I'm not sure what I can do, to be honest I've had enough. I have my children every weekend, I take them on holiday camping once a year (this is all I can afford to do but the kids seem to enjoy it), I do everything I can with my children, I pay for their football and dancing etc etc. Do the CSA realise that if they continue what they are doing I won't be able to see my children as I won't be able to afford to.

    My wife’s Ex hasn’t seen his daughter for 15 years (she’s now 18) and he has only just starting paying CSA, I say paying CSA, my wife gets £2.50 a month........best save that for a rainy day...!!

    Can bailiffs turn up and take good that aren’t mine...??

    Any help would be most appreciated.
    Last edited by NeilP; 26th March 2012, 15:45:PM.
    Tags: None

  • #2
    Re: Bailiff & CSA

    Very simply, no. Bailiffs cannot seize any property that does not belong to the debtor named on a warrant. If they do, the levy is invalid and the seizure is illegal. My advice is to not let them into your home under any circumstances. In fact, do not open any doors to them. Keep all ground floor windows and doors locked. If you or your OH have a car, park it streets away or somewhere the bailiffs can't levy on it.

    Certificated bailiffs are liars, cheats and bullies and will use any number of threats to make you let them into your home or get their hands on money. Their favourite threats are -

    "We'll call the police"
    "We'll get a locksmith"
    "We'll break the door down"

    If you or your OH have a video camera or phonecam, record EVERYTHING these parasites do and say. If they kick off saying you can't film them, the answer to that is "Tough. You decided to encroach onto my land, therefore, you can be filmed." I would also advise you to ring the police and inform them a person or persons, claiming to be bailiffs, are at your home making threats and causing you and your family alarm and distress. This should be sufficient to have the police attend, as the making of such threats is an offence under the Public Order Act 1986.

    If the police attend and try to get you to let the bailiffs in, tell them you have checked and that they should go back to their station and check up on bailiff law, as you do not have to let them in and the police will be committing an offence by assisting the bailiffs to gain entry, that of Burglary, as it will amount to a forcible entry, which current law does not permit without an order signed by a Judge or Justice of the Peace. There has been a case, recently, in Hampshire, where two bailiffs besieged a house for five hours and misrepresented their powers to the police, who went back to their station, found out the bailiffs had lied to them and returned and ordered the bailiffs to leave.

    I hope this helps allay any fears you have, but if you need any further help, please come back on this thread.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Bailiff & CSA

      Thanks for the info.

      Would anything change if the CSA have an Liability Order.

      What will happen once the bailiff realise I dont have £11,000 worth of goods for them to take..??
      Last edited by NeilP; 27th March 2012, 11:32:AM.

      Comment


      • #4
        Re: Bailiff & CSA

        It will be passed back to the court. If you don't let them in it will also be passed back.

        Can you clarify please, is this County Court or Magistrates' Court? I'm assuming the latter, but want to be sure before advising.

        Comment


        • #5
          Re: Bailiff & CSA

          I'm not sure, the CSA told me that I didn't need to attend court as this was just procedure..!! know differently now. I'm guessing Magistrates.

          Thanks

          Comment


          • #6
            Re: Bailiff & CSA

            Originally posted by NeilP View Post
            What will happen once the bailiff realise I dont have £11,000 worth of goods for them to take..??
            They will apply for a Shylock order to remove one of your kidneys to sell on the transplant black market. :tinysmile_aha_t:

            Comment


            • #7
              Re: Bailiff & CSA

              WOT only one kidney well maybe but six pints of blood as well?
              This bailiff must be pretty thick if he thinks neilp has 11 grand from what he stated on here i would doubt it i wish him weel with the bailiff idiot but remember all the things he threatenings to do that he cant are well docunented on this excellent forum

              Comment


              • #8
                Re: Bailiff & CSA

                Could you find out which court please? It could be either, but the way forward is different for each.

                Thanks! :beagle:

                Comment


                • #9
                  Re: Bailiff & CSA

                  I always ask folks with CSA problems to Google NACSA or deadbeatdads as I believe they have people who can help. If I remember correctly one site is fee based but the other is free.
                  ------------------------------- merged -------------------------------
                  Originally posted by labman View Post
                  Could you find out which court please? It could be either, but the way forward is different for each.

                  Thanks! :beagle:
                  CSA Orders are at present conducted in Magistrates Courts although there is a plan afoot for them to rubberstamp their own without going to Court!
                  Last edited by ploddertom; 27th March 2012, 19:19:PM. Reason: Automerged Doublepost

                  Comment


                  • #10
                    Re: Bailiff & CSA

                    This suggested to me it could be passed from one to another:

                    If a DEO is inappropriate for whatever reason the CSA can apply to the magistrates court for a liability order. The CSA has to provide the non-resident parent with 7 days written notice of their intention to apply for this order. Once granted, the CSA can arrange for a county court to enter the order into its register like a judgment debt. This means that the CSA can pursue a charging order against land, property or other assets, a third party debt order against bank accounts or debts owed to the non-resident parent by a third party.

                    (from Enforcement of CSA Payments - Child Support Laws)

                    Comment

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