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Why should I pay for one child when ex didn’t pay me for other children?

In 2003 I was contacted by the CSA concerning maintenance for my son Thomas. I thought this was a bit sneaky as we have two other older children who had lived with me for several years and my lovely ex- waited until they were of an age not to be counter-claimed for. From a moral angle I objected to paying for the following reasons.

  1. I had two of our children with me (not working at that time) and she had one.
  2. My exs’ household income was far greater than mine.
  3. I had (at the time) 5 children under my roof compared to 2 living with my ex. (1 was not mine)

I was initially assessed at 29 pounds a week and I was self-employed.

As I was a reluctant payer I was summonsed initially to court where I believed (initially naively) that I could present my case and do some good.
I took with me a bankers draft for the amount due (1,650 to that date)with my ex-wife titled as the payee on the draft.

After getting the bench on side the Magistrate informed me that although he personally sympathised with my circumstances his hands were tied to do anything as the Govt. had “sewn up” any power he had to do anything other than endorse the liability order. As his pen was reluctantly poised over the paper I flamboyantly whipped out the said draft and offered to pay in full immediately.

Then ensued an arguement between the CSA rep and the Magistrate (great bloke)as to whether the csa should accept the draft or not. She said no because it wasn’t payable to the CSA, the mag argued it should be as the draft was irrefutable, as good as cash (in his eyes)and clearly intended for my ex which was why we were all there in the first place.

I might point out that my way of dealing with this was to add a little levity to the situation. Although I do and did take this matter seriously this is my way of getting through the day as the Samaritans were engaged. I decided to amuse myself (and it seems the bench, judging by the number of stifled sniggers emanating from the “top table”) When the magistrate ORDERED the CSA to accept the draft she (the CSA stormtrooper) turned a wonderful shade of crimson, and her protestations fell on deaf ears.

I also managed to evoke a lovely shade of green in the said “storm-trooper” when I enquired after her welfare as she had not got her “carer” with her that day !

Anyway back to the point, after receiving a bailiffs letter demanding 3,105 within 7 days “or else” sometime later with no previous demand or notification,I then attended the Mag. Court for the sum of 406 pounds. This was tactfully drawn earlier in 5 pound notes from barclays and delivered by “air mail” to the same St.Trpr. in the courtroom. As the dear lady was on her hands and knees gathering the money from the floor the Magistrates found the necessity to take adjournment for a break as all 3 seemed to be suffering from a medical condition which required the biting of their fists and immediately exiting into their “sanctum sanctorum” whilst making explosive gutteral noises.

They returned 20 mins later after having, no doubt, received medical assistance. By this time the “dame du CSA” was looking rather ill herself having turned a rather worrying shade of purple.

Anyway fast forward to 2010, situation after repatedly contacting the CSA through all these proceedings concerning my failing business, and therefore drop in earnings, appears a further bailiff demanding money with menaces (1,750)and after scraping the bottom of the barrel and then moving the barrel and scraping the ground underneath as well, it was done, and although technically I still owed about 3 months worth to the end of my liability (2008) i was content that they (the CSA) had seemingly forgotten about me.

April 2010. Received a letter stating that my ex had made a complaint that she had not received this 3 months money, and that while going through the case they had discovered that I had legitimately informed them of a change in circumstance which they had not acted on.
They offered me a reassessment for 1 year and a few months which to cut a long story short has revealed (thanks to a 5/week re-assessment) revealed a over-payment of approx 1,250 pounds (my workings as the CSA have yet to catch up)Around the 8th April 2010 was the re-assessment. Last week they sent me a re-work of the whole matter saying that I still owed them 360 pounds. They seem to have lost any recod of the first bankers draft because it didn’t go through their bank account. Although I have not been chased for this amount since, they also have no record in the computer log of the payment being made.

Situation now.

  • Complaint made and demand for compensation. (received by them 12/4/10).
  • Breakdown, taking 14 weeks and 1 day) received demanding a further 360 pounds.
  • Rang a dozen times to rectify this, ordered back statements showing the draft being issued from the bank.
  • No word whatsoever on my complaint.
  • Keep getting fobbed off with “i’ll get someone to get back to you within 5 working days” (yawn-heard it !) Would absolutely love to attend the magistrates once more armed with my evidence and pursuade the bench to issue a liability order in my favour which I would take great pleasure in srving on them personally !

Any advice on my next steps would be very much appreciated. Thankyou “Daz-san”

Best Wishes And Regards

Richard Godkin

P.S. If you’planning on climbing on any high-profile rooves dressed as batman then please let me know as i’m “well up for it” God bless

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