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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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can csa take possession of my house it ispossible in negative

Customer Question

can csa take possession of my house it ispossible in negative equity the house was bought with the money from the sale of my wifes house and her mums flat i have a16 year old son and they want to make us allhomeless
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How much are the arrears and what action has the CSA taken to date?
Claire
Customer: replied 4 years ago.

13000 the have a charge on the property

Expert:  Clare replied 4 years ago.
Hi
Have they threatened to apply for the sale immediately?
Claire
Customer: replied 4 years ago.

in the next couple of weeks

Expert:  Clare replied 4 years ago.
Hi
What offer have you made to settle the arrears?
Claire
Customer: replied 4 years ago.

my wife made a token offer 20 pounds a month ihad a major heart operation feb 2012 andhave not worked since being selfemployed i dont get anymoney the csa did tell me to pay with my credit cards and then default on them

Expert:  Clare replied 4 years ago.
Hi
When did these arrears arise?
Claire
Customer: replied 4 years ago.

1994 to2004

Expert:  Clare replied 4 years ago.
Hi
What other assets do you have - and why did the arrears arise?
Claire
Customer: replied 4 years ago.

a van idid not agree with the amount they wanted 139 pounds per child .my daughter george stay with us and worked argos they took money from wages and did not leave me with much to live on

Expert:  Clare replied 4 years ago.
Hi
Can you raise any money anywhere?
Claire
Customer: replied 4 years ago.

not untill june 2014
an endowment matures which is to help pay off the mortgage

Expert:  Clare replied 4 years ago.
Hi
Will you be able to pay the arrears off in full at that point?
Claire
Customer: replied 4 years ago.

yes

Expert:  Clare replied 4 years ago.
Hi
Have you made this formal offer?
Claire
Customer: replied 4 years ago.

no

Expert:  Clare replied 4 years ago.
Hi
The answer to your basic question is yes I am afraid that they can indeed do this
However they will only do so if there is equity in the house.
If you can prove there is no equity and make a reasonable offer of monthly payments AND the offer of full payment in June 2014 then it is likely that the CSA will accept this.
However it is essential that when you write you provide all the evidence to support your offer - so valuations, mortgage statements, income and expenditure lists and evidence of the maturity date and value of the policy
Claire