CSA Variations

wagboteddy

Hi,


I have been divoreced from my ex wife for 4 years.When we seperated we had a private agreement that she keeps the house as long as she sorts out the joint account overdraft (this was opened whilst we were married and was used only by her to pay her salary in and spend money etc as I had my own bank account but she had bad credit so I had to open account with her for her to be able to have one).
The house is now in her name but I have noticed that the joint account overdraft is now at £10,000 overdrawn and she has stopped paying into the account 2 months ago and has opened a new account.
I have spoken to her about this and she basically said she isn't going to pay the overdracft off.This is affecting my credit rating, therefore if she wont pay it I will have to pay it as debt companys etc will chase me also for this and its going to keep affecting my credit rating.
If I ask the bank to freeze the account and start paying off a certain amount per month, can I apply to the CSA for a variations to reduce my CSA payments ?

I have proof as I can get the bank statements for the account clearly showing what she has spent that £10,000 on and that it was used for our daughter (ie food shopping, clothes etc)

Thanks.

nicky3

There are very few people on this forum who know much about variations but hopefully one will be along soon to help you out. If you contact the CSA about it be very specific in requesting the written guidelines on variations. It bugs me that we all seem to constantly be denied access to the information that we need

wayne0

lol good luck. the csa variations will take £3 into account for a £30 worth of fuel each time to see my son. (this is £3 off my wage before they take 15%... so they will give me about 50p off my payments, but since its to the nearest £, it wont change my payment...)

HoneyNutLoop

I'm sorry, but having had a quick look at the variations regulations I don't think one would be awarded in your case, for two reasons:
1) bank overdrafts are specifically excluded from consideration, except for where, at the time the overdraft was taken out, it was for a specified amount repayable over a specified time period, like a loan;
2) the ground only covers debts that accrued while you were still a couple. From the way your message is drafted, it sounds like there was an unspecified debt from when you were together, but this has increased to £10,000 during the 4 years after you divorced, and you are liable for repaying it because your have never had your name removed from the bank account.

At this point, my best advice to you is to go about getting this account closed for ongoing use, so that no further debt can be accrued on the account, and taking action to separate any other joint finances, so that this situation does not re-occur.

majdf

The CSA won't touch this ... You need to get the account frozen so here is no more spending.
The account is in joint names so you are both liable for the debt and the
only recourse you have is via the small claims court.