Arrears - small claims court?

Foggster

Following my previous post, my ex has now received the first letter from the CSA and as far as I know will be complying with them.

However, we are now wrangling over the last 24 months which is the period that he stopped/started payment and by my records owes me £3k based on the figure we informally agreed to i.e. he has paid me £220 per month between 2003-2008.

However, I understand that the CSA has no power to claim this for me and that I will need to chase it myself. Therefore, could I go through a small claims court and would the lack of written agreement mean I would have no case?

speedster

how do you mean "by your records"?

was there a csa case open for the 2 years? if not, then quite simply. no. you have no case whatsoever.

the SCC is quite a challenge. to suceed you would need some quite concrete evidence otherwise you will fail miserably.

Foggster

Thank you speedster. I did fear this. I am feeling rather silly because I trusted the ex when I helped him out by not asking for payments whilst he sold his house. Unfortunately, he had no intention of selling his house (he was left by ex partner with the mortgage) and is now saying he doesnt owe me anything.

What I do have is 5 years bank statements showing monthly payments from him and then them stopping which I could argue was reasonable evidence no?

speedster

honestly. you're barking up the wrong tree.

the SCC will not entertain this, as it is a CSA problem. and as there wasn't a case open with them it's a no starter.

Kimitatsu

Speedster is quite right - an informal agreement unlessit was drawn up by a solicitor and was stated that it would be legally binding, will have no standing in a court of law.

Thats what the CSA was set up to do was to put into place a legal framework that could be enforced without the use of court time.

Sorry to say this but you just need to move on and forget about it.

Foggster

Thank you both. There was no harm in asking. I understand why the CSA was set up and I didnt go down that route 7 years ago when we split because he paid. We have always enjoyed a good relationship for the sake of our child and this is why I trusted him to keep to his side of the arrangement when I let him stop paying.

It is with the CSA now.