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liability order info
Comments
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clearingout wrote: »That someone can run up a (correctly calculated) child maintenance debt of £10k and not face any consequence other than having to pay it back at £10 a month isn't OK, is it? What about the children's rights in all of this?
From what Blob says though, if it went to court, it would be obvious that he has been evading paying. I think the court is a good way of doing it myself. It gives ALL parties the option of "having their say". To take 40% or more (yes it does happen, it happened to oh!! through no fault of his own, but their incompetence!!:mad:) without any redress at all is outrageous! I don't think the courts are that daft, that an NRP can just go there and say they cannot afford it or arrears built up because of x y or z, without the court going into it properly.
I should imagine he would have to show that the arrears were wrong, and paying them at 40% would put him and his (possible) new family in severe financial difficulties. It's about time the CSA stopped taking peoples' word for it, i.e for self employed who reckon they only get so much a month, PWC's who winge about the NRP's lifestyle and arrears that are wrong. IMO, as soon as there are any disputes, it should be kicked to court straight away!! The CSA have way too much power, and reading these threads, they are too often abusing it as well!!!0 -
Hmmmm, I want to jump in and say categorically that as a PWC, if was actually the NRP in my case who had all the power, the CSA had none. For those NRP who don't want to pay, the CSA have very little power in many situations such as mine. Who knows, I may soon see the powers that the CSA can have over NRP because the NRP situation has just changed and the NRP can and (hopefully) will be held to account now. If that happens, I too will be sticking my tongue out and holding my fingers up at my ex who has been very non-compliant for years now.
Marisco, you say your OH had arrears and had to pay 40% of their earnings, and that the arrears were through 'no fault of their own'. Who's fault was it? That is an honest question, I just can't see how the CSA can be totally to blame for NRP arrears, although I agree whole-heartedly that many many CSA staff are not fit do do their jobs, there are many that I've encountered myself as a PWC that I would love to see have the book thrown at them for the way they have handled my case.
I have to say also, I hope my ex is forced to pay 40% of his income back to my child, if would be poetic justice for what he's put us through. (that is a comment based on my own personal circumstances and not aimed at those of you who are fighting legitimate errors such as OP and Blob)0 -
The arrears that have been run up on my case are apx £20K, before anyone jumps up and down and states that it is my fault, lets look at how they ran up!
1. The case was closed and the CSA had to repay all of the payments that I had made by order of a Tribunal Judge.
2. The NRP made a new application and appealed the decision as she could not be bothered to attend the hearing! The CSA told her that as the decision had been appealed there was nothing that they could do and could not open a new case. The ex's solicitor told me that she did not want anything from me, as payment was offered through him!
3. 18 months later the appeal was heard and the decision to close the case was overturned, the money that was paid back to me had been taken by my trustees in Bankruptcy, so no money to repay them!
4. All kinds of threats then followed and up 67% of my wages were being taken.
5. Enter ICE, they upheld my complaint and laid the blame for the arrears at the door of the CSA, the then CEO had to write to my MP to apologize for the failings of the CSA, and states that until this had happened I was totally compliant!
6. The CSA paid out compensation for the mess that they had made of the case, and admitted that it was totally their fault, they offered differed debt to wipe out half of it if I paid off what they wanted. This would have meant that I would have had to borrow money, and being bankrupt, this would have been unlawful and led to me being in a great deal of trouble!
7. The Ombudsman also upheld my complaint so there is no doubt that in my case the blame is with them.
8. The CSA has again been investigated by ICE and again my complaint was upheld! They even paid out compensation before the result was in and they were taking Legal action against me! They had to pay out more when the report was in!
9. They have tried and failed to get an Order of Sale as my OH put a case in against me to protect the money that she put in to buy the home that we share at this time! She won, I will be going back to Court to find out how much this has cost the Tax payer in the next few weeks.
I will be asking the Court for two things on top of this, firstly permission to release the Transcript of the hearing to the Bar Council and have the Barrister that was representing the CSA investigated for attempting to mislead the Court, this will result in a charge of miss-conduct in that she failed to read the Bundle, or gross-misconduct as she was willfully trying to mislead the Court by telling a lie, if it is granted then I suggest that her career may well be over! The damages for the effect that this action has had on my partner and the stress that it caused her. I will also point out that the Judge that heard the first case threw out the application by the CSA as it was made on the wrong form, and thus was a total waist of time! The Barrister for sure did not listen to my opening remarks to teh Judge, that I have been trained to answer questions from my time in the forces, as the Court knows that I was attached to Special Forces, my ex only found out about this at the divorce, it was a little bit od a shock for her! She should have known that I knew that she was taping my phone and thought hat she was being so very cleaver, oups!!!0 -
Blob, your first 2 points are very confusing, I can't figure out who's who.
Point 3.....so basically what happened is the CSA made some errors, paid back the NRP, later proved that this money shouldn't have been paid back, in the meantime NRP goes bankrupt and debtors take money that was paid back to NRP but should have remained with PWC due to CSA error?
Did I get that right? A very confusing story, to say the least.0 -
Sorry it was the PWC that appealed and got the decision to close the case overturned, this took some 18 months.
The money was repaid to the NRP who was bankrupt at the time and so the money was claimed by the trustees.
The case was ordered closed as it was found that at the time of the case being set up the whole family was living in the same house, and it was found that as a result there were no QC's.
So due to the mess that was made of the case then there were some arrears to say the least. The CSA offered 'Deferred Debt' this could only be done where it is a clear case of maladministration on their part.0 -
Sorry it was the PWC that appealed and got the decision to close the case overturned, this took some 18 months.
The money was repaid to the NRP who was bankrupt at the time and so the money was claimed by the trustees.
The case was ordered closed as it was found that at the time of the case being set up the whole family was living in the same house, and it was found that as a result there were no QC's.
So due to the mess that was made of the case then there were some arrears to say the least. The CSA offered 'Deferred Debt' this could only be done where it is a clear case of maladministration on their part.
Hi Blob
you seem very knowledgeable in this field and id be most greatful if you could look at my thread and offer any advice on where we should start?
many thanks0
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