Bankrupt ex - Help please!

fermi

mystery07 wrote: »

Anyway, all my questions were about the fact that he has told me, that he cant pay me more than he is doing because of the OR. I have found this hard to believe, hence Im checking it out.

I didn't say it in previous posts, but I thought your EX might be claiming (or is intending to claim) a large amount in CSA maintenance from the OR, but pay you a lot less.

If CSA give you an amount that is higher than he will pay, I would contact his OR questioning why his payments are less. If he is telling the truth he will be OK. If not then the OR will throw the book at him.

mystery07

fermi wrote: »

I didn't say it in previous posts, but I thought your EX might be claiming (or is intending to claim) a large amount in CSA maintenance from the OR, but pay you a lot less.

If CSA give you an amount that is higher than he will pay, I would contact his OR questioning why his payments are less. If he is telling the truth he will be OK. If not then the OR will throw the book at him.

I wouldnt have a clue what he is telling the OR. No doubt, that most of it will be a pack of lies. He will have to claim for fuel to be able to pick our son up. I gad already thought previously, that he would probably be telling the OR that he has to pick him up more often etc. Im not sure if I would achieve anything by contacting his OR directly.

It does seem to me, that they dont check what they are being told. As I said before, the OR has never contacted me, to find out what our arrangements are etc.

savagevixen

I think (without adding fuel to the fire) you could easily contact his OR. Mine is very approachable, and as someone he has to pay money to, you are involved in his financial affairs. Anyone can approach the OR regarding a bankrupt, and the worst they can do is not give you any information.

savagevixen

You can phone the Insolvency Service and they can give you the phone no. of the OR in your ex's area. You can then ring and ask for the person assigned your ex's case.

fermi

The OR's are so busy with the enormous rise in personal bankruptcies that they don't have the time/manpower to check everything. They have to take a lot of people at their word because of this, unless they discover differently.

I simply thought that if he is intending to pull a fast one, then £140 pcm would make big difference to you and your son. All for the cost of a stamp and a polite letter.

Still I don't know your circumstance, or those of your EX.

Good luck anyway...

EDIT: Second the comments of savagevixen who replied while I was typing.

Remmer

I wasn't having a go at you sweet. I really sympathise with you, probably because I did the right thing by my kids but I fully realise that some men try to avoid it. I just have a big downer on CSA because of their incompetence. Your son is more important than anyything and if his dad doesn't want to see him then it's his loss and I have zero tolerance for that.

mystery07

Thanks fermi & savagevixen. I already have the number for his OR, from the insolvency website. So I think, after taking your advice, Im going to call him/her on tuesday & explain my situation & see if they can help at all. The worst they can say, re maintenance, is that I will have to continue via the CSA etc.

Will add, to this post on tues & let you know what they said.

Thanks guys xxx

**Patty**

mystery07 wrote: »

Hi

My ex was made bankrupt last october. He's told me a few things, that dont seem to add up. If there is anyone who could clarify, this would help, thanks.

First of all, Im getting £140 pcm maintence from him. The CSA say it should be double this based on his salary (but they are yet to do anything!) He says that he cannot pay me anymore, because of the OR. Is this true? In effect, what I am asking is, could he approach the OR & ask if he can pay more?

I actually know about this & the answer is NO NO NO!....Child Maintenance payments are taken out FIRST, then the creditors second. The OR counts maintaining a child paramount....thankfully.

mystery07 wrote: »

Second, he says he can only afford to see our son every other weekend. (because he lives 40 miles away) And the OR wont let him have anymore money for fuel! Again is this true? The OR, has never contacted me or anything, to check what our arrangements are, which I do find a little strange!

Also, out of interest. If say, he wasnt to get contact, would the reciever allow him money to go to court for access?! This is just out of interest, as there have been some issues, surrounding him seeing our son!

Possibly...about the fuel, it depends on the OR.... although this was one of the reasons my OH was allowed to keep his car (it was almost at the allowed limit anyway)

Money for Court Access? Not a snowball in hell's chance.......

mystery07

**Patty** wrote: »

I actually know about this & the answer is NO NO NO!....Child Maintenance payments are taken out FIRST, then the creditors second. The OR counts maintaining a child paramount....thankfully.





Possibly...about the fuel, it depends on the OR.... although this was one of the reasons my OH was allowed to keep his car (it was almost at the allowed limit anyway)

Money for Court Access? Not a snowball in hell's chance.......

Thanks for this Patty.

So just to clarify, if the CSA say in a months time, "hey you NRP, we want you to pay 100 quid more than you pay now in maintenance!" Can he then go to OR (even tho he was bankrupt in OCt 06) & say he needs to pay more in maintenance than he has being doing? & the OR will say, ok? Even though, he has already being paying maintenance, its ok for the amount to change?

So no chance of him getting any money to take me to court? So if I say, your not seeing our son, full stop, & a couple of months went by, the OR wouldnt allow him the money to take me to court? (Its a bit complicated, I dont really want to do this, but I may have no option!)

Thanks for this advice xxxx

mystery07

Update:

Rang the office who are dealing with my ex's bankruptcy. And managed to speak to his case examiner, who couldnt have been less helpfull.

All she generally would say to me, is that the OR would not in anyway get involved with maintenance payments or with the CSA & that is out of their control.

She said that it would be for myself, me ex & the CSA to sort out. So I asked, how my ex would be able to sort it out without speaking with his OR, as he has no control over his finances?! She just repeated, that it would be for CSA to sort out etc.

Any suggestions?!