Huge Debts and CSA

purpleplumb

Please help, I need some urgent advice...

I used to earn very good money and had a good job. My wife at that time managed all the bills etc and she runs her own very successful business. When I left my wife last year, I was horrified when she told me what she had done behind my back.

She had done 70k worth of debt in my name. I was only aware of two credit cards. One I used for work to claim my expenses back the other was ours but always told it was paid off every month if it was used. How wrong was I... Not only that she had about 8 credit cards in her own name with about 60k.

To cut a long story short, I have been told I have to pay the mortgage on the house until it is sold, 850.00 per month, also she got CSA on to me even though the CSA monthly figures totals less than the mortgage payments I still have to pay her. I am now divorced. My salary does not cover all the debts in my name, mortgage, CSA and for me to live or rent a new place. I met another person who paid for everything, things were getting bad and my only solution was to leave. I am 43years old and have nothing to show for my life, not even a penny savings, just debt.

My creditors are now chasing hard for money, which I don't have, soon they will declare me bankrupt. I still pay my ex wife her CSA money but I cannot carry on paying CSA and the mortgage for the house she still lives in. I cannot stop paying the mortgage as there is a court order and if I stop I will go to prison. Does bankruptcy stops you from paying CSA...?

Great legal system we have in the UK. I don't have the money but I could still go to prison if I don't.

tigerfeet2006

I'm sorry CSA is not included in BR.

You must ring one of the debt charities in my signature and get some professional advice.

k2nga

Like tigerfeet said you need to get some advice but i cant see how you can go to prison if you cant afford to pay. Me being mean as i sometimes can be as your ex-wife got you into this mess let her sort the house if you go BR she will have to sort herself out but lets be honest kids aside she got you into this mess by taking credit out in your name. Surely you must have some rights.

Like you say typical UK law.

peachyprice

You say she racked up credit in your name, do you mean she applied for credit without your knowledge?

If so these cards were obtained fraudulently and you do not have to pay these debts.

You need to dispute these accounts and obtain copies of the signed CCA forms with your forged signature. If you hop over to the DFW board you will be able to find a template letter to ask for these.

HTH

Broken_hearted

If she has everything give up go Br and live on benefits for a few years see how she likes it with no help. You have nothing to lose.

purpleplumb

The problem I have I took her to a Financial Hearing, as she has her own company and a lot of equity in my house, (it's in my name and so is the mortgage) etc, she didn't produce 90% of the paperwork of her company accounts even though it was agreed beforehand through the courts she had to supply eveidence. She turned up at court with nothing and because she has the kids, they were not interested and awarded her nearly 200k and me just 50k.

She also makes out that her company is non profitable and makes out it looses money, I know this is not the case and know how she fudges her accounts. On top of this she now also claims nearly 25k in benefits from the government.!

What I was awarded in court does not cover the debts and now with interest is even higher and because of the Financial Hearing I have to carry on paying the mortgage until the house gets sold. I have spent so much money in legal fees it's well in to double figures and I cannot keep doing this. I spoke with IVA and they told me to go bankrupt but at the moment my solicitor is telling me to wait and for the creditors to force it on me. Due to a court order being made if I do not pay the mortgage I will go to prison. But I also thought if you are forced to go bankrupt that you don't have the money and that the CSA payments would stop too.... Does it get reduced any?

God if people knew the story of what she has done to me, life is such a ball ache why do innocent people get screwed and lives destroyed. I now live in a country that is so poor and dirty to try and help get some money together.

peachyprice

There's another member who has just gone bankrupt and who's wife has taken him to the cleaners too, send him a private message as he's pretty clued up on what happens, his user name is itydntk. He's in court today for spousal maintenance.

skibadee

Unfortunately any money owing to CSA [arrears] cannot be bankrupted, if however your income reduced you should seek a reassessment with CSA...are you assessed on the old or new system?
Your I&E would have to show both your payments for mortgage and payments to CSA.....the CSA are not interested in wether or not you can afford to live or pay debts...they do not listen to reason....I've had countless arguments with them re my husbands CSA assessment for his children by his ex.
If your wife took out these extra credit cards in her name ONLY you are not liable for them.

Deep_In_Debt

I'm sure you won't go to prison if you don't pay your mortgage. You've not committed a criminal offence.

purpleplumb

I am not sure if I am on the old or new, it started only last October. What is the difference. I am living out of the country jurisdiction, so legally she can not force me to pay her. I am at present hoping I will get to see my children for when I return to the UK. She likes using the children and play games with them...

If I have any other children does my CSA get reduced too or not..?

purpleplumb

Due to the court hearing, it states in the order, so yes if I do not pay, I have just been adviced I will go to prison.!