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

Sensemaya

Waiting for OP to reply....;)

nadineclaire

Yes the judge was extremely lenient because my ex had the means to pay but refused. He was on the £5 per week as he claimed to be self employed earning a very low wage until the appeal went to tribunal in dec last year. Very lucky it was after the judge made his decision on the order for sale because appeal went in my favour and looking at his accounts etc he now has to pay £50 per week backdated to 2011. I don't think any judge will be so lenient this time around. So arrears now at 17k

clearingout

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. 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.

it is good to hear that there are judges out there who are at least prepared to make these Orders when there are children involved, even if they're suspended and a relatively small amount of arrears is paid on a monthly basis as a result. This is what I would have hoped for but dare not to because 'the needs of the children' never seems to extend to the 'original' children in these cases.

It will be interesting to see how your ex now treats his additional children and what his 'new' ex has to say about things. It might be an interesting conversation - did she really understand the extent of his arrears (ie. was she an 'innocent' party to his non payment of maintenance) or was she actively involved?

EclipsedMind

Since 2008 what have you done to dispute the amounts owed? IIRC you will not be able to appeal the assessment on time grounds but the refusal of appeal opens up another route. I am sure someone else could explain the whole dispute appeal/tribunal system better. TBH if you have not done much in the last 5 years to follow their complaints/dispute procedure or pay off the arrears then I think a judge will find against you. What was the offer of payment plan you proposed?

EM

kevin137

EclipsedMind wrote: »

What was the offer of payment plan you proposed?

I think that is irrelevant as they do not have the money anyway, which is what i said form the start, if they offered and out the money aside when refused, then the judge would simply say ok that is fair pay £xxx from that date to toady and continue paying it... But as they do not have the money, the offer will look like a hollow one and the judge will not like that... In my opinion...!!!

We all know how pushy the CSA can be with payment plans... But reasonable over 5 years for that amount is £17.30 a week...

How much has the PWC lost in interest should she of borrowed the money...???

Not good with maths but it would be about £7,200+ at least by now...??? And that is at 4% which we all know is not what you borrow money at...!!! If was 3% above base, then it would be considerably more...

Take the house and give pay the PWC with interest...!!!

penjohn

Well we had our day in court yesterday, we stated our case, the judge listened and passed a judgement. Application of order for sale was rejected as it would be unjust for the modest amount in question and the poor administration of the CSA. The CSA failed to mention in its application to the court of myself being the previous tenant and other children living in the house. Against our mountain of evidence to the poxy pile the CSA solicitor had he couldn't even answer the questions the judge asked him he just squirmed in his seat lost for words. 5 years of trying to be heard by a non biased person of power has come to an end. So thank you for those who offered help and advice, and my advice to anyone else battling a one sided system keep going if you believe you are right. In the judges words to the CSA solicitor "I knew the country was in a bad way, but not this bad"

kevin137

Do you really think the CSA will give up...???

Lets hope they use other powers they have available to you to make you pay what is clearly a debt you have to provide to your children...

They should start with withdrawing your passport, and you driving license, and then maybe putting a hold on your bank account and taking the money that you have in there...

And yes they can do all that...!!! Oh, and they don't need to apply to anyone to do that, they can just do that... No court order required...

Talk about being pleased you don't have to pay a debt that would benefit your children...!!!

penjohn

No passport, no licence, no money in the bank and the "one child" in question is a "21 year old independent woman". She wont and hasn't gone without, and if you think we are pleased our home has not been sold you're wrong we're ecstatic. But being the good people we are we will start paying the alleged debt off in "instalments"(as it would have been all those many years ago had it been dealt with properly!!!!) our next step is to fight for compensation with the evidence of mal administration and the unfair stress it has caused. It's a shame there are so many small minded people who use this forum to abuse others on it because of their own grievances!!!! Some make judgements without full knowledge!!! But as the start of this thread stated it was for advice, not to get into debates with ignorant people. Now the application has been rejected there is no more need for me to explain myself/ourselves.
Sincere thanks to the open minded helpful people.

kevin137

Really, there is nothing to stop them going for it again, and it would appear that your appeals have run there course, they will enforce one way or another, and yes you can call me ignorant...

Been there done that fought the CSA for years, still fighting them now as well... The difference is, i always paid... My son knows i always paid, and i can prove all the payments where made, at the correct amounts, so i know well hoe screwed up the CSA can be, the difference is, you ignored, passed the buck, and didn't pay, then cried like a baby when they come and try to take your home...

If that is being a responsible parent, then you are the best... And i don't get how your child being 21 has anything to do with it...??? You didn't provide when you should and that makes you a BAD parent in my eyes... Did she not go without...??? Maybe she didn't, but is was no thanks to you...!!!

Bragging just makes YOU look ignorant and callous that you got away with it... Well you didn't, and you won't... Hope they chase you to the grave and beyond, as people that avoid there responsibilities deserve no less...

FBaby

But being the good people we are we will start paying the alleged debt off in "instalments"(as it would have been all those many years ago had it been dealt with properly!!!!)

Is it the case of you being good people or what the judge order you to do? I still don't understand why you could do that years ago so you wouldn't have got to that stage anyway.