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

penjohn

kevin137 wrote: »

Do you actually read what people write...???

If the amount is in dispute the LO is not worth anything anyway...!!!

And while on the subject of money owed, who exactly is taking you to court...??? The PWC or the CSA...???

If it is the CSA, then what the hell has the PWC got to do with not accepting any payments... SHE does not get a choice... If you offer payment on arrears and the CSA take it, then SHE has to accept it...!!!

And as asked previously...

Do you still have the money you offered for the arrears...??? Offering and paying are 2 totally different things, so if you offered and didn't pay then you should of put the money aside for just this scenario, and guess what, the judge would NEVER grant an order of sale if you could pay on the spot the arrears at the rate you tried before...!!!

Also, i know this may complicate things, but why not just move the property into your name solely, then they cannot take it...!!!

Hi Kevin the CSA are taking us to court on her behalf, she refused offers beforehand when the csa tried to negotiate with us but she wanted the lump sum. We don't have the money and never did as we have been in our overdraft for many years, the offers would have been at the forfeit of other areas. We only have 2 weeks before court( only a month from receiving the date) so probably wouldn't have time to transfer mortgage plus I'm a student so may make a difference.

penjohn

lindsaygalaxy wrote: »

How much are the arrears? I am guessing a fair amount if they have refused installments. If the letter from 2001 clearly states no money oweing I would say you have some hole. Though if previous letters stated arrears then they may be able to use that but admit a clerical error. How I'd the arrears build up to such an amount? did The ex partner go back to the csa after 6 months because of non-payment of maintanance?

Hi Lindsay, the arrears were on the account at the time of closure, these were in dispute at the time at the figure was from interim assessments, the PWC was happy receiving private payments until we had our daughter, she returned to the CSA hoping to get more and we said if anything it should be less as we had another child. Anyhow we dealt with that case from then till now ( the arrears popped up 2008) we have been arguing the CSAs shoddy administration since. We haven't had the chance to put our case forward for a fair judgement of the case it's just the CSA and the PWC calling the shots. The arrears are £4,500 and what is annoying is that they would not have been paid in a lump sum in 2001 but paid monthly, yet we are expected to magic the money out of thin air when When we lived for 7 years totally mislead that we owed no monies.

FBaby

Surely it would have all come down to whether there indeed is a letter from the csa clearly stating that the account was closed AND there were no arrears on it? Was anything paid at all during that period? Surely if nothing was paid, there was bound to be arrears, the argument would have been about the actual figure.

I don't understand how it could have got so far if it could have proven that the csa confirned there were not arrears to be paid on the first case after closure.

lindsaygalaxy

As someone that receives money from the CSA from the NRP (it comes straight out of his wages as he refused to pay) when my ex got a pay rise and 'forgot' to tell them, it wasn't me that asked for a check up on his income, or for his arrears to be taken at once. The CSA decided that and the only way to stop it was for me to cancel the CSA and do it privately. So I expect your ex is not calling the shots here like you imagine she is.
Also, if you knew there were arrears (im guessing CSA1? So this is more complicated re working out payments) at the time the account was closed then you were naive in thinking they had disapeared. I am not sure why though your ex did not mention them in the 7 years, as I sure would have! I would be using this as well as the evidence of a letter stating that no monies were owed to negotiate a monthly payment plan. However, if you can, I would borrow the money and pay it off as if they can prove the money is owed (which I am guessing if it is going to a court to take your house it is) as it will be a waste of your time. At the end of the day if it is owed it is, and it is not for your ex wife, it is for your child.

kevin137

penjohn wrote: »

We haven't had the chance to put our case forward for a fair judgement of the case it's just the CSA and the PWC calling the shots. The arrears are £4,500 and what is annoying is that they would not have been paid in a lump sum in 2001 but paid monthly, yet we are expected to magic the money out of thin air when When we lived for 7 years totally mislead that we owed no monies.

Isn't it funny how things are always someone else's fault...!!!

Of course you have had the chance to put your case forward, how many complaints and appeals have you filed...??? Or did you or should i say the NRP just ignore everything hoping it would go away...

And it is not like they expect you to magic up £4,500 out of nowhere... YOU HAVE EQUITY IN YOUR HOME, so it is very easy to get dealt with if you wanted...

Oh and let's talk about the same £4500 you owe from way back when...

If it was £4500 of equity in your home... What would that equity be worth now...??? I'm betting the £4500 would be worth about £15,000...

And have the CSA charged you interest at all ob the debt owed ofr over a decade...???

I think you are ungrateful spoilt brats that are used to getting your own way and you don't like it now because you have to finally pay up...

Do yourselves a favour and pay it, or would you rather risk your home and then claim that the PWC made you homeless... IT IS THE CSA THAT DO THIS NOT THE PWC and they do it because the NRP didn't pay...!!!

Sensemaya

kevin137 wrote: »

Isn't it funny how things are always someone else's fault...!!!

Of course you have had the chance to put your case forward, how many complaints and appeals have you filed...??? Or did you or should i say the NRP just ignore everything hoping it would go away...

And it is not like they expect you to magic up £4,500 out of nowhere... YOU HAVE EQUITY IN YOUR HOME, so it is very easy to get dealt with if you wanted...

Oh and let's talk about the same £4500 you owe from way back when...

If it was £4500 of equity in your home... What would that equity be worth now...??? I'm betting the £4500 would be worth about £15,000...

And have the CSA charged you interest at all ob the debt owed ofr over a decade...???

I think you are ungrateful spoilt brats that are used to getting your own way and you don't like it now because you have to finally pay up...

Do yourselves a favour and pay it, or would you rather risk your home and then claim that the PWC made you homeless... IT IS THE CSA THAT DO THIS NOT THE PWC and they do it because the NRP didn't pay...!!!

I see the OP has forgotton to answer queries like whether the CSA secured a charging order etc.

Did the OP contact Stephen Lawson? ( Vast majority of sols don't understand CSA legislation, but they are happy to rack up costs and charge for non existant advice. I know this from past experience).

Don't know whether they are spoilt brats, but they are definitely holding info back.

Kevin is right. The PWC has nothing to do with this.

Asking advice on this forum is not going to stop the court action.

Any further on asking for a complete account breakdown? Probably not.

Sensemaya

penjohn wrote: »

Anyhow we dealt with that case from then till now ( the arrears popped up 2008) we have been arguing the CSAs shoddy administration since. We haven't had the chance to put our case forward for a fair judgement of the case it's just the CSA and the PWC calling the shots. The arrears are £4,500 and what is annoying is that they would not have been paid in a lump sum in 2001 but paid monthly, yet we are expected to magic the money out of thin air when When we lived for 7 years totally mislead that we owed no monies.

So what has the 'arguing' consisted of? Few phone calls and/or letters to the case officer?

You haven't had the chance to put your case forward? Why not?

To repeat myself. The PWC has nothing to do with this.

You are not expected to magic 4.5K out of thin air. Something is not right here.

Come clean.

seven-day-weekend

Can they not secure an extra mortgage on their house of £4.5k and pay off the arrears with it?

nadineclaire

Just a quick reply.

My ex was taken to court for order for sale on his joint property with his partner (they have two small children) in october last year. The outcome was a suspended order for sale but he had to stick to paying £130 for arrears of 12k and £20 for current maintenance per month. He defaulted on the arrangement in march and they are now going for possession. My ex simply refused to pay a penny but has now split with his ex which is why I believe he stopped payments again.

Sensemaya

nadineclaire wrote: »

Just a quick reply.

My ex was taken to court for order for sale on his joint property with his partner (they have two small children) in october last year. The outcome was a suspended order for sale but he had to stick to paying £130 for arrears of 12k and £20 for current maintenance per month.£130 per month interest free on a debt is very lenient, isn't it? It would have taken years to pay it off.And you get the fiver actual maintenance. He defaulted on the arrangement in march and they are now going for possession. My ex simply refused to pay a penny but has now split with his ex which is why I believe he stopped payments again.

Judges are always very lenient and forgiving of debtors IMO and your case demonstrated this.

I'm extremely sorry to hear your ex has defaulted as this money would have been very helpful for the upkeep of your children. A lump sum would have been even better...

I do hope the CSA are successful in obtaining possession and you get the arrears in full.

Sounds an absolute nightmare for you especially as he has two youngsters from his next failed relationship.