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Complete nightmare ex wont admit any monies
niecsey
Posts: 100 Forumite
Hi lm sure l have posted in the past regarding this matter.. will make it brief as pos. but will apologize
.... Ex split with wife 91/92 between them they had a n agreement that he would pay maintanance weekly he did this first by standing order, then by cheque, and also cash ( which he will never be able to prove!) He lept all his bank statements and cheque book stubs... eventually the csa started asking for money and the ex said she would sort it and to carry on paying her which he did until 98 when he had an accident and could not work anymore. The csa still pursued so he told them he had paid her, things got really bad as she kept denying the thousands she had recieved so he got all his proof together had cheques traced to prove they went to her, went to mps, solicitors, wrote to house of commons rang csa help websites etc etc... the ex will not admit this money was for maintanance and he cant do a thing about it!!! He has gone back to work and there on to him like vultures with loads of threats they want 40% of wage and if he dont pay up there going to get it from employer! Why shoudl he pay twice cos she wont admit hes paid her? Why isnt all the proof he has enough to prove hes paid? She did at some stage admit to a few hundred pounds not the thousands only becuase he kept pressing on he had paid. What do we do? We have spent money we can ill afford trying to get help and its liek hitting a brick wall! No-one can do anything! All mrp should pay up but this is bad crack when you do pay up and have to pay it all over again cos your ex said you never made a payment! Helpp please someone x
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Comments
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Have you got an accurate figure of what exactly he has paid...?
It may be that you have to consider the small claims court. If she is denying that it is maintenance to the CSA, then why would he still be giving her money. Once a claim is issued against her then she will have to come up with a feasible answer for the court, if she says it is maintenance, and is not a debt, then you need to supply proof to the court from the CSA that this has been denied. She could find herself in trouble, but more to the point, if she does admit it is maintenance to avoid repaying, she could find herself in huge trouble with the benefits agency for benefits fraud as way back when it was deductible from benefits...!0 -
Been there done that they wont let us go to court! Would the csa take notice of a small claims court? We have reached the stage now where we have asked them if this is a state owed debt or to her and its to her! This is just so wrong, l feel for those who get nothing but look what shes done to us she laughed down the phone!!
She ended the marriage think some one needs special help for barnacle tendancys theyve been split up for approx 21 years!!!!0 -
No don;t take the CSA to court, although you could, but they don't owe you any money...
Take the EX to court... No one can stop you issuing against anyone else, and if you have the proof that you have paid over the money, and the debt is still being chased by the CSA, then you have to explain to the court that as the LAW stipulates the debt is still owed to her through the CSA you would like to take her to court to claim the money back as it should not of been paid...!
Explain that if this is a problem for her, and she agrees that it was paid as child support that all you need is supporting documentation from her and the court so that the CSA can stop chasing you...!0 -
Thanks Kevin!!!! Shes lied this long l doubt she will change her mind were talking one dangerous woman here!! UNDERSTATEMENT!! Just recieved some advise from a kind man in same circumstances on another forum hes been there done that, hes given me information that states the csa have no right to let her decided what was or wasnt payment .. that is indeed based on flawed internal guidance he has given me an address to complain what to say and a case number and date for the csa complaints to refer to ( ICE) Hes also advised sending in all the proof to the complaints and to insist on a new statement with all paid money deducted ask for interest on the incorrect charges and to ask for compensation and ask when we will recieve over payments. We are to tell them we want to hear from them within 3 weeks in line with customer charter. Failing that within 8 weeks complain to ICE! its a damn disgrace this!! Its affected the whole household for years WHY are men and women like her allowed to get away with this? Head battered lol0
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Good luck whatever you choose, there are many PWC that use the CSA, as are there many NRP's that abuse the rules.
Until they get a kick up the !!!!, they usually think they are very clever, and at the end of the day, the county court is the quickest for that, and she could end up looking extremely stupid...! But you choose what is best for you.
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Yeah its a shame genuine nrps have to suffer though all that evidence and all that grief!!!! If the eveidence we have was used for any other criminal activity it would be more that accepted!! Thanks will update just incase anyone else finds themselves in this horrendous night mare and that is surely is/has been!!0
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Hello,
Have you not tried reporting her to the police for Fraud, if she has taken the money for the purpose of maintenance and your partner can prove that is what he was paying her money for, then for her to say she has not had that money for that purpose, it is a fraud, and possibly theft??
Might be worth seeking a bit of legal advice on this.... can't belive these women think thay can get away with having their cake and eating it again!
Is there no way your partner can become self employed via his work... take them a hell of a lot longer to get it off him and i would put every asset he has in your name. oh and appeal everything, they hate it!
If you have paid once, you should not pay again....simple as that I'm afraid( to all those who will state how awful I am even to suggest such a thing!)0 -
Over the years we have seen solicitors etc tbh l dont think any of them know a great deal regarding the csa, we even had a one who charged over £150 an hour 10 years ago and all that happened was they looked at the stuff again think this is when she started admitting little bits! Its a mine field it really is mixed with a massive deep maze the whole lot... no wonder people give in! I dont think it matters if things were put in my name he lives with me so they would help themselves from what lve read! Totally immoral theft the whole let its a disgrace. Busy going through all the payments including the ones MADE PRE CSA to show the pattern then start the long process of photocopying everything and make the complaint. We are not given up weve been at this for 13/14 years now, lve found out more from this website and the other l joined than l have in all that time! They are so damn brazent when you ring them, Nacsa told him to agree to repay before they take his wages we made an offer and would they hell accept he told them l am not paying because l owe you, you are thieving from me l have paid this money but you have cornered me so they sent a direct debit form out saying they would take 100 quid a month then after that if he didnt play ball they would take 40% out of wages ( minimum wager earner ) They dont care or give a stuff. I HATE THEM how they sleep in bed at night is beyond me, you must have to be thick skinned and selfish to do that job ld rather clean dog poo up with my bare hands than damage lives! Sorry but it maddens me! Ps yes lve heard about the self employed way and l dont blame the 'honest fathers' for taking this route!0
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