Re: Bailiffs Letter
- From: "NACSA CHAIR" <chairperson@xxxxxxxxxxx>
- Date: Fri, 27 Jan 2006 10:34:58 GMT
As you have a nil assessment, its unlikely the courts will grant much action
against you. bailiffs may arrive but if they report that there are no goods
of value the only other option they have really is to go for committal - and
for that - they have to prove wilful refusal to pay.
i am interested in two things:
1, your comment that they refused an arrears negotiation. they cannot do
this! they have to negotiate a pay schedule that is affordable - and if
they dont, write to the Area Director - send it recorded delivery.
2. the letter - we have had a number of cases now where a private collection
agency has been contacting clients even though the proper processes are not
being carried out. i would be interested to know if your letter is from the
same company. perhaps you can email me on chairperson@xxxxxxxxxxx to confirm
the name of this company.
NACSA CHAIR
"Martin Davies" <mart2306@xxxxxxxxxxx> wrote in message
news:zBmCf.20637$mu.16926@xxxxxxxxxxxxxxxxxxxxxxxxxxxx
> martin wrote:
>> Martin Davies wrote:
>>> martin wrote:
>>>
>>>> Just had a letter delivered from a local Bailiff's office saying
>>>> they are about to pay me a visit following the Magistrates Court
>>>> Order for arrears when a liability order was issued in the
>>>> magistrates court. I thought before this happened the liability order
>>>> had to go to a
>>>> judge for a warrent of execution. I've had no notice or letters
>>>> about this.
>>>
>>>
>>> The liability order has to go before the court to be made.
>>> Were you notified when the hearing was to make the order?
>>
>> yes, it was mid december. I don't know why I bothered going really, I
>> wasn't needed.
>>
>>>> What's the next step? The CSA refused to negotiate at all when they
>>>> called last time demanding 4k immediatly and £250/month on top. With
>>>> being unemplyed for 3 years like I have this kind of money just
>>>> lying around.
>>>
>>>
>>> Seems rather strange they'd demand that much money when you are
>>> unemployed. Are they aware of that? Does current assessment reflect
>>> that?
>>
>> Yes they are aware of that, I have a nil assessment right now.
>>
>>>> What's next? What happened to the a judge issuing a warrant of
>>>> execution which I could appeal.
>>>
>>>
>>> I don't think you can appeal the court rubber stamping a liability
>>> order. The appeals process regarding what is owed is CSA related.
>>> At the time the liability order is made in court, CSA merely have to
>>> show that the amount is owed. After that, most of the enforcement
>>> action is done by CSA as the debt is accepted in law.
>>
>> thanks
>>
>> I thought that after the liability order was signed by the mags, a
>> warrant of execution had to be issued by a judge before enforcement
>> action could be taken.
>>
>> oh well :( I feel quite depressed now
>> M
>
> Sorry for depressing you.
>
> Seems quite soon since the liability order for bailiffs to come calling.
>
> I'll have a dig around and post later.
>
> Martin <><
>
.
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