order for sale court date!!!!! advice please

penjohn

I just hope we have a fair judge one who will at least listen to both sides of the case and not just the csa before he makes his judgement. I was hoping to have somebody come along and tell me their experiences but it seems there isn't any. Most frightening time as a mother for me feeling I may lose the security of my home that my children have had all their lives. All because we've been put in a position of greed by the ex wife. Who has point blank refused our offers of payment and wants a lump sum due to the mal administration of the csa which they've admitted.

jacklink

sorry i cannot offer advice or share experiences with you, i dont know if this is the right forum, as one gets slated if one doesnt go along with the main on here (i hope you understand), im confused though when you say your a mother then you say youve been put in a position by the ex wife? apology's if you were in a same sex relationship.

clearingout

jacklink wrote: »

i do not understand how a court would take away a home for kids, yet is supposed to support kids and ensure a safe home as u have, the courts want to take away a safe environment, its utter maddness.

so it's fine for some children to have a roof over their heads but not others? you don't think that the roof over the head of thousands of children is threatened every day because of an NRP who refuses to pay even the smallest amount of maintenance to support their children?

penjohn

No it's my partners ex wife he's the NRP. And the stories a long one. But very simple.

shoe*diva79

Have you been to court yet?

365days

clearingout wrote: »

so it's fine for some children to have a roof over their heads but not others? you don't think that the roof over the head of thousands of children is threatened every day because of an NRP who refuses to pay even the smallest amount of maintenance to support their children?

My son's home is at risk, not purely down to lack of maintenance obviously, but it hasn't helped.

If a court decieded that NRPP's kids should be protected when they have lived there a year, over and above arrears debt going back 12 years I'd be mightily peed off.

To get the stage where you are talking charging orders/orders for sale takes years and years.......OP you are paying the cost of burying your head in the sand.

LannieDuck

penjohn wrote: »

The case concerning the arrears was closed 2001, arrears at the time were in dispute/appeal but the pwc and nrp had a mutual agreement to not use CSA and pay privately so they were left at that. A new case was opened with a nil balance 6 months later as myself and my partner the NRP had a daughter and the pwc went back to the CSA for more money than we were paying, for 6 years no arrears were stated on any paperwork nor were we told about any. we were paying on a new case. 7 years later my partner the NRP gets a court summons for arrears, we can not understand what arrears as we are paying on new case. anyway we find out when they're from and then spend 5 years arguing the closed case and the maladministration they admitted (in court), at the same time arguing the case the courts continue with LO etc, we offer to pay what we can afford via our solicitor twice offers were rejected. Then tried MP and ICE we were ready to go to the parlimentary ombudsman but in the meantime have received a court date. We are hoping to have our say, we still dispute the arrears but if they are found to be correct we want to offer to pay what we can afford but have been told before with the rejection that the PWC wants the lump sum and the only way they can get the full amount is the sale of the house. If they had have done their job right we would not be in this position we are not refusing to pay just want the arrears justified and for them to accept what we can afford. I have the data protection files which to us shows how unfair they have been as there is no evidence of the alleged arrears or any notificaiton they could be reinstated at any time we were never once told this until 7 years later.

I'm having trouble following your story, OP. Have I got the sequence of events right?

* There were arrears on a CSA case against your husband. He disputed them.
* The case was closed in 2001 [note - that doesn't negate the arrears]
* There was a private agreement to pay [which suggests that your OH acknowledged he owed them]. Did he pay? Do you have records clearly marking payments as for "CSA arrears"? Did he clear them?

* New case opened for the same child because OP/OH's circumstances had changed. This has nothing to do with the old arrears.

* 7 years later, OH gets court summons for old arrears.
* You argue maladministration and say CSA admitted it in court. What exactly did they admit?

* You offer to pay monthly [again - this rather suggests there was something outstanding to pay]. Offer was rejected. [Presumably because PWC had already tried agreed an arrangement with you 7 years ago and you hadn't cleared the arrears?]

Is that in the ballpark?

EclipsedMind

arrears at the time were in dispute/appeal but the pwc and nrp had a mutual agreement to not use CSA and pay privately so they were left at that

LannieDuck wrote: »

* There was a private agreement to pay [which suggests that your OH acknowledged he owed them]. Did he pay? Do you have records clearly marking payments as for "CSA arrears"? Did he clear them?

I read the OP as saying that maintenance moved to private(direct) payments until the new case was opened when the PWC wanted more money. That would be for ongoing maintenance and has no bearing on the disputed arrears so no implicit admission there.

Other than that I think your summary was right. I find it hard to believe that in 7 years there was no communication from CSA over the arrears and only stuff regarding the active case until a court summons found them.

EM

LannieDuck

EclipsedMind wrote: »

I read the OP as saying that maintenance moved to private(direct) payments until the new case was opened when the PWC wanted more money. That would be for ongoing maintenance and has no bearing on the disputed arrears so no implicit admission there.

Other than that I think your summary was right. I find it hard to believe that in 7 years there was no communication from CSA over the arrears and only stuff regarding the active case until a court summons found them.

EM

Ahh, ok - it's a very complicated story!

So the question becomes, was there ever any resolution over the 2001 arrears? If not, I don't see why OP would assume they just vanished.

penjohn

OK I'll try tell the story from the start, CSA was being paid via the agency in 2001 which was in appeal at the time, during the appeal PWC and NRP (my other half) agreed a private agreement and the case closed with letters stating case closed and no monies owing. 2002 a new case is filed and continues till 2008. During this time csa payments are made again via the agency with every 6 monthly statement being as they should. In 2008 a court summons comes through the post saying there are child support arrears and because no payment has been made they are taking NRP to court for liability. So still unaware of what these arrears are NRP starts trying to find out as first liability gets granted. Once established where the arrears have come from the battle begins. The arrears are the arrears that were on the closed csa account which they say can be requested for by the PWC at any time. So the argument that has been taking place is that 1. The case was in appeal at the time, so the amount could be incorrect if calculated again.2. We had letters clearly stating the case was closed with no monies owing. 3. We DID NOT hear a single thing about this alleged debt for 7 years, ( i have the data protection files, not a dicky bird)why would we? we were dealing with them on another case. 4. We could not get ourselves heard in court as it was always biased. 5.we asked our MP for help and our solicitor who agreed with our case. Finally we offered to pay instalments of the alleged amount while we continued to fight our case purely to try and save our home. And now because the ex wife knows there is money there she would like the lump and won't accept our instalments. So we have far from sat around and let it go over our heads it's been a long hard fight to get someone to hear our side in that the CSA ballsed up and because they did and admitted they did we are now up in court to see if mr judge thinks that this farce warrants us being kicked out for their mal administration. Which they have admitted letters were sent in error and others were not sent atall. So that's it. But what I was after was just some advice of the court process on the day.