PWC Progress Thread - NRP Selfemployed Ltd company

clearingout

thanks for the car tip - something I hadn't thought of and easily sorted.

the girlfriend at the moment is back on the scene but I'm not sure that I could have been polite with her over a coffee anyway! It's a good idea but she's not a nice person - has been abusive towards our children (smacking them, taking their toys away (the one toy our then 2 year old was joined at the hip with), leaving them in soiled nappies etc. etc. etc.). Their relationship seemed to rely on hating me and doing things to get at me (bearing in mind, they're the ones who had the affair - you'd think I was the last person they need to be dealing with!) and in fact, my ex is so caught up in his own self importance, he will still say, after all he's done, that he's a nice guy and everyone likes him. Our divorce was all my fault, apparently, and if I'd been a decent wife, he'd never have to have had an affair....the inability to take responsiblity at any level is terrifying, quite frankly!

gratefulforhelp_2

Well I'm not sure I could do it either, but I thought if she was now ex, and had an inside track on the business...
Never mind. I'm sure you will get there, but dealing with csa is like pulling teeth (your own).

clearingout

oh she knows - she's the book-keeper and is down on the CSA system as his 'finance manager' (hilarious if you saw the size of the business!). They have set up two businesses together - one of which is essentially the same name as the old one - and this information has been sent to the CSA as well as I assumed the intention was to shift everything into her name so they would avoid any maintenance payments. She is sole director of both. She is not a woman I would trust with my business, that's for sure! But that may serve him right when the time comes!

I am hoping that the CSA will see her almost as an 'accessory'. I have read a little on the law regarding employers and it is a criminal offence, I think, to obstruct or interfere in anyway with the work of the CSA. She did his payslips - it will be interesting to see if they have the appropriate reductions - I suspect they won't (there was certainly nothing showing in them for the company car....) . CSA told me once that they had faxed the info through to her and she had confirmed receiving it (obviously, they didn't tell me her name but it's blatantly obvious to anyone with half a brain!) so she is implicated at some level as she can't say she knew nothing about the Attachment of Earnings Order, can she?!...as she's left the business, I don't know what could happen but I'm obviously interested in how this pans out. Would be nice to 'get her', indirectly, for what she's done to the children, that's for sure!

clearingout

right. On a mission! Have today, on a Sunday, before 9am:
a) written a letter to the CSA confirming the conversation on Friday and who it was with. Have requested a response within 28 working days as to what has been done since the Order hasn't been paid (November 09) and what will be done in the future. Not expecting a response, but I want to start trying to hold them accountable for the lack of action.

b) written to Companies House. His company has had a First Gazette entry in terms of it being struck off (he hasn't filed accounts for years so I guess they are assuming he's not actually operating - I know different). I have objected on the grounds of an Attachments of Earnings Order having been served on the company which hasn't been paid.

Having done a bit of research, it is clear that even if the company is struck off, the debt isn't just going to go away, particularly as he is the sole director and therefore can't argue he thought the payments were being made, not his fault etc. etc. However, if I can provoke Companies House and/or the HMRC into an investigation, so much the better, I guess!

gratefulforhelp_2

Well done, you have been very dynamic. I wouldn't spend too much time trying to prove he/she have broken the law, simply because I'm not aware that the CSA have ever used those powers to do anything other than threaten.

Someone may come along to prove me wrong, though.

I would concentrate on getting the CS for your kids.

clearingout

Just an update on the Companies House situation: they took the letter seriously and this week asked me to prove that the Order hasn't been paid. Told them I couldn't as the CSA don't send out 'your ex partner hasn't paid' letters but what I did send them are copies of the letters I have sent to the CSA. Which, I am happy to say, has done the trick!

The striking off of his company is therefore with-held for 6 months. At the end of 6 months, I can object again on the basis that he hasn't paid and by that point, will owe me more. I have also said that they can tell the Directors that it was a) me who asked and b) the reason that I asked. Lead balloon!

I have this week found myself in an interesting position in that we have exchanged on one house but not on the other - the proceeds of the 'other' are to go to him. I am therefore looking at ways I can extract the child maintenance owed to date without resorting to out and out blackmail or extortion (however tempting that may be!!!).

kelloggs36

They do, by way of an annual statement. It shows what should have been paid and the amount actually paid.

clearingout

ah. Interesting. daft question but at what point can I expect an annual statement? date of first assessment? which means I am overdue if this is the case....can I request a statement at any time if I haven't received one?

kelloggs36

NOt sure when it is annual from -although saying that I used to get 2 per year, both stating that Mr xxx is assessed at paying Mrs xxx £76.73 per week. To date Mr xxx has paid nil. Call them and ask when you are due to get a statement.

gratefulforhelp_2

I don't get an annual statement, I only ever get a schedule of payments when XH flits job, which is every 9 months or so. And that only when they catch up with him.