Partners ex has appealed - what now?

Soubrette

jetta_wales wrote: »

Don't forget if there is a tribunal you really should attend this in person.

Well he should but sounds like it'd be a good idea if you were there too.

Just a warning (again sorry), you can go with him but you wouldn't be expected to say anything, you just sit behind him for moral support. I think you can engage a solicitor or similar though, who then speaks for him.

bdt1

OK.......................................................

We been through same, I'm a NRPP and my husband is a NRP, our PWC also took us to Tribunal on alleged lifestyle inconsistent.

The Tribunal Judge will ask for lots and lots of documentary evidence prior to the hearing, if there is anything addititional you can submit as proof then I suggest you also enclose it, but the PWC will also be copied everything you submit, as you will whatever she provides.

Firstly, yes they will probably ask for your financial/bank statements, you are not legally bound to provide them, butif they help you cause, then I would submit them, I did with mine.

Also if your partner has documentary proof of rent arrears, overdraft, nasty letters from creditors etc etc, submit them all as evidence, so the Judge has a fuller picture of your partners lifestyle, I know it can be degrading, but where CSA are concerned they will try and take him to the cleaners if he cannot provide evidence he is totally skint.

You can also attend the Tribunal but it is up to the Judge whether he permits you to sit in on the hearing, I was allowed when we requested on the strength that the Judge may have directed some questions to me, as some of the financial information related to me and not my husband

Just to add we won our case

bewilderedhelpneeded

I am really not comfortable with showing my bank statements - they show the amount im being paid and details of all my direct debits and tax credits etc. Even my partner has no idea how much I earn and I really don't want him to know. If there was a way of showing them where they were not disclosed to either party but just the judge I would do it but no way do I want his ex wife to know my financial situation - it has absolutely nothing to do with her. Would she show me her bank statements showing her income and outgoings? No, and I wouldn't expect her to. Ive got nothing to hide as far as the judge is concerned, just feel sick to the stomach that im possibly going to be asked to lay my finances open for everyone to see. Ive got one of those all in one accounts and it shows details of my mortgage, savings, ISA etc. I don't want my partner to know details of how much ive got tucked away as he owes an awful lot of money, I help out where I can but if he were to know how much I had id feel guilty. Sorry if I sound like a cow but we don't live together, ive got children myself and my first priority is them and the roof over their heads, plus im saving for if they need to go to university, cars etc and im trying to overpay my mortgage etc. What ive managed to save has been done by me being very careful with money and making sacrifices (many thanks to this site) and the very last thing I want is for my partner to know about what ive got and for me to feel guilty and end up handing it over in order to pay his debts off quickly. Hope this all makes sense! Sorry - but im very private with money!

bewilderedhelpneeded

Soubrette wrote: »

I don't think the cash payments will help his case tbh. He has to answer each point and show evidence to back up his response - so get the landlord to confirm the rent is in arrears in writing, or ask the brother to show the evidence that money has gone from his to his brother and has yet to be repaid.

Back to the cash payments - if I were part of a Tribunal, I'd be wondering how someone who can only afford £5 a week, or just over £20pm, child maintenance can come up with £140 one month, again he might have to show where this money came from.

If he is all above board then his lack of a back account and cash lifestyle might count against him - he's not going to be able to prove where any of the money came from.

I was mad at him for handing over the cash like that - I told him that he should have let me pay it from my account to CSA to pass on. That cash was all he had and yes that meant that he then had to borrow some money from me as he had nothing left to pay a bill!!

bdt1

bewilderedhelpneeded wrote: »

I am really not comfortable with showing my bank statements - they show the amount im being paid and details of all my direct debits and tax credits etc. Even my partner has no idea how much I earn and I really don't want him to know. If there was a way of showing them where they were not disclosed to either party but just the judge I would do it but no way do I want his ex wife to know my financial situation - it has absolutely nothing to do with her. Would she show me her bank statements showing her income and outgoings? No, and I wouldn't expect her to. Ive got nothing to hide as far as the judge is concerned, just feel sick to the stomach that im possibly going to be asked to lay my finances open for everyone to see. Ive got one of those all in one accounts and it shows details of my mortgage, savings, ISA etc. I don't want my partner to know details of how much ive got tucked away as he owes an awful lot of money, I help out where I can but if he were to know how much I had id feel guilty. Sorry if I sound like a cow but we don't live together, ive got children myself and my first priority is them and the roof over their heads, plus im saving for if they need to go to university, cars etc and im trying to overpay my mortgage etc. What ive managed to save has been done by me being very careful with money and making sacrifices (many thanks to this site) and the very last thing I want is for my partner to know about what ive got and for me to feel guilty and end up handing it over in order to pay his debts off quickly. Hope this all makes sense! Sorry - but im very private with money!

Just a suggestion - but - what we did with some of the documents that we submitted was obtain copies, rather than originals, black out the info we felt was not relevant and submit the partially visible document as evidence.

I submitted my (as a NRPP) personal bank statements, yet 'blacked out' certain purchases e.g. like my hairdresser visit and how much it cost, how much I spent on ly weekly shop in Asda etc etc, yet the credits were left as they helped our case.

Such as in our case, child benefit, my wage, my reimbursed company expenses each month, a insurance payout etc etc, you could always 'black out' the balances on your account - I know it is very intrusive and yes, it's a poke in the eye to feel pushed to submit such private info where the PWC will be able to see it ......................BUT it was worth it in our case...............................the £34,000 CSA had been telling her for months we owed her, and that they would force the sale of our family home (and the 4 children in it) so she would get her money - was deemed at Tribunal to be a MISTAKE............................................OOOOOPPPPS poor PWC we had been saying for at least 3 years that the money was never owed in 1st place but was a miscalculation



Needless to say PWC full of hell, and she feels robbed of her 34k, and at last Justice was done. CSA were forced to admit their errors, our home is safe, and they have recalculated their errors. So at least our children have their home safe, and we have our sanity back

diable

If you have lent your partner any money then add it all up and get it in writing as this will document the debt.

bewilderedhelpneeded

Well today my partner had a letter from the CSA stating that they had investigated her claims and that they could find no evidence of her allegations, therefore their decision still stands! It looks like she has exercised her right to take it to a tribuneral though as at the bottom it said that the matter was now going to tribuneral.

My partner rang CSA to find out timescales etc and they said it could be weeks it could be months (anyone any experience of this?) Someone has told me that the information is passed to the Tribuneral and they may say that there is not enough evidence to take it to tribuneral and end the matter before it gets to full hearing stage. Is this correct? If it does go to a tribuneral hearing what sort of information are they going to ask us to provide?