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Peter.rr
Starting Member
6 Posts |
Posted - 30 June 2011 : 20:26:37
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The CSA are saying i owe £17,800 and take it straight out of my wage whichhas financially crippled me to the point were i cannot even afford to pay my household bills. So if i declare myself bankrupt and the court takes control of my income will it mean that my bills will be paid and the CSA will HAVE to take a reduced amount?
.....This amount (£17,800) is a debt not maintenance i am still liable for as my daughter is 18 now and no more payements are to be made, so how can this amount not be treat as a debt. I know i sound like a winger but if it had'nt been for the fact that i only have to pay this because my EX wife has fraudulantly claimed EVERY benefit possible for the last ten years and wasnt content with her £350 per month i was giving her. along with her saying to the benefit office that her NEW HUSBAND never lived with her???????? (yes i have told the benefits 3 TIMES and they said there is no proof???).....were is the fairness in life in THIS country???? |
Edited by - Peter.rr on 02 July 2011 12:21:38 |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 30 June 2011 : 20:34:57
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Hi and welcome.
Unfortunately, CSA debts are outside of bankruptcy so you would have to continue to pay those at the full amount as far as I am aware.
Follow through Make your dreams come true Don't give up the fight You will be alright 'Cause there's no one like you in the universe
Jan xxx |
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debtinfo
forum expert
2826 Posts |
Posted - 30 June 2011 : 21:50:23
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the only way round is to go back to court and ask the judge to reduce the payments and show how it is crippling you
Do you have any other debts? |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 30 June 2011 : 21:53:37
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If it's CSA though it isn't through the courts is it? The CSA are notoriously hard to deal with.
Follow through Make your dreams come true Don't give up the fight You will be alright 'Cause there's no one like you in the universe
Jan xxx |
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debtinfo
forum expert
2826 Posts |
Posted - 30 June 2011 : 21:57:09
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i think they still have to apply through the courts to have it taken fro your wage directly, (could be wrong though) |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 01 July 2011 : 06:34:32
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I know when my stepson was trying to get his maintainence payments altered it was just the CSA he dealt with - then again I don't think his money comes directly from his pay so you could be right.
Follow through Make your dreams come true Don't give up the fight You will be alright 'Cause there's no one like you in the universe
Jan xxx |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 01 July 2011 : 09:22:46
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I think, although I'm not sure, that if the money is taken as an attachment of earnings that it has to be done through the courts.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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Peter.rr
Starting Member
6 Posts |
Posted - 02 July 2011 : 12:23:52
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quote: Originally posted by debtinfo
the only way round is to go back to court and ask the judge to reduce the payments and show how it is crippling you
Do you have any other debts?
Yes i am behind with rent, c/tax, gas, electric.
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debtinfo
forum expert
2826 Posts |
Posted - 02 July 2011 : 13:00:38
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also can you confirm that they applied to court to get money taken out of your wages |
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RHB
Senior Member
1159 Posts |
Posted - 02 July 2011 : 13:18:55
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Are you saying that you gave your ex wife maintenance money "cash in hand" (so she could claim benefits) & therefore there is no record of it?
As far as I am aware the CSA has the power to attach to earnings without going down the court route. |
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RHB
Senior Member
1159 Posts |
Posted - 02 July 2011 : 13:21:01
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Not sure how going bankrupt would help with the CSA either as you would then have more disposable income as you wouldn't be paying your other debts. What proportion of your income are they taking from your wage out of interest? |
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Peter.rr
Starting Member
6 Posts |
Posted - 02 July 2011 : 14:04:40
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quote: Originally posted by RHB
Not sure how going bankrupt would help with the CSA either as you would then have more disposable income as you wouldn't be paying your other debts. What proportion of your income are they taking from your wage out of interest?
They are taking 40% as i am govourned by the old rule, which roughly translated means they can publicly beat me with a cat o nine tails or something like that. I was sort of hoping that declaring bankrupcy would mean it would be over quickly whilst at the same time paying all my bills, rent, c/tax etc. its not that i dont agree with the fact that i owe X amount of pounds. its the fact that reciepts signed for by her for moneys i have paid in maintainance or the fact that my daughter lived with me for two years mean nothing (even with proof) because i didnt inform the CSA.
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Peter.rr
Starting Member
6 Posts |
Posted - 02 July 2011 : 14:08:18
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quote: Originally posted by RHB
Are you saying that you gave your ex wife maintenance money "cash in hand" (so she could claim benefits) & therefore there is no record of it?
As far as I am aware the CSA has the power to attach to earnings without going down the court route.
No i am saying that whilst i was paying CASH it wasnt taken out of benefits (i thought were legit) therefore the money could have been used for clothing, food and NEEDS for my daughter
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Peter.rr
Starting Member
6 Posts |
Posted - 02 July 2011 : 14:10:36
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quote: Originally posted by debtinfo
also can you confirm that they applied to court to get money taken out of your wages
They dont need to apply to court for an attachment of earnings order, nor did they inform ME, just my employer.....they said they could not find my address.......but they found my employer ok????
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 July 2011 : 14:46:25
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I'm not sure but I don't think you can include those debts in bankruptcy. I do stand to be corrected though.
Follow through Make your dreams come true Don't give up the fight You will be alright 'Cause there's no one like you in the universe
Jan xxx |
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RHB
Senior Member
1159 Posts |
Posted - 02 July 2011 : 19:07:59
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Have you seen your MP about it? If you have paid what you should in maintenance then they shouldn't be claiming it off you again. |
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