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    • Seems a bit fast...made application on the 17 and granted by the court same day and DQs sent out same day. Possibly the hearing was the 17th doubt it was the date of their application ?   The claimant is allowed to make application to lift a stay pursuant to CPR rule 15.11(2)...but only....   Whether the claimant had an adequate explanation for the delay; Whether the claimant’s claim has (at least) a real prospects of success; The defendant’s behavior, and including his engagement with the court process, and whether any delay was caused by the defendant’s actions;  The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted; Whether any attempts were made by the claimant, within the 6 months, to ‘revive’ the claim.  You have not been served a copy of the application....you have not been afforded the opportunity to oppose their application.   Very strange   Andy
    • Tell you now where I think this is going. You are going to decline the ombudsman decision. We will send them a letter outlining your objections – although all they will do would be to put it on file. We would then investigate the possibility of suing Aviva under ICOBS and you will need to start reading that an understanding it if we are going to go ahead. Basically the idea is that as an insurance company they have a statutory duty to treat you fairly and I think we have a very reasonable case to suggest that they are not treating you fairly. I would propose suing them for a modest amount – simply to get into court and to force them to disclose any documents which they haven't disclosed under an SAR but also to start deciding whether they are going to accept that yes maybe they got it wrong, or whether they think they are going to defend it. You will have to decide whether you are prepared to take a small claim on this basis and I can assure you that if they decide to defend it, it will get quite exciting because they will fight tooth and nail because a judgement for this kind of statutory breach of duty is a serious matter for them. I think before we launched into litigation, we would try to open up the issue with them again but this time on the issue of domestic abuse – which is what I think should have happened first of all. They might say that it's already done and dusted. We might then try to move it up to the ombudsman – but the ombudsman might also say that this is an issue which has been done and dusted and cannot be revisited. In that case, we would have to decide whether or not to litigate. If you did litigate and they put their hands up, then as a condition of withdrawing the action we would require them to undo all this damage that they've done to your credit files et cetera. If they decided to defend then you would have to decide whether or not to go to a hearing and to try to get a judge to award you judgement and a modest compensation on the basis that the insurer had treated you unfairly. That's the general idea. Of course things can change very quickly – but that's the theory, anyway.  
    • Thank you will do and thank you for all your guidance today much appreciated 
    • Okay well make sure that you send the SAR to the FOS – and also to Aviva – today. Get the rest going over the next few days
    • This matter has been ongoing since I'd say around March last year I'd say they've only spoken to me probably 6 times of that  They advised me of supposedly 12 letters coming out to me ive received maybe 5/6 but only default letters nothing relating to the policy no policy documents no renewals im not sure of these were system generated and went to the mailbox  Because everytime I got a default letter it would stress me out and I'd be on the phone to them and they'd apologise saying there's no online portal so the system is generating these to your home address so it makes me wonder while the online portal was live whether they went straight to portal  The information regarding correspondence has come from Aviva not myself  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Hi folks

 

CSA has been in touch and have been given the figures etc on what to pay

 

In regards to amounts,

 

If the Ex who is now engaged (proof in paper) is living with the guy and he has a very successful buildings company

 

Should my payments stay the same even knowing this information ? or would they lower knowing that she is with a new guy earning loads ?

 

Thanks all

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If I can phone up and request a review due to my ex husband boasting about a pay rise to his mates in the pub then I'm pretty sure you can request a review due to your ex wife now being engaged/living with her new partner. Its certainly a change of circumstances the CSA would be interested in. In the meantime keep paying what has been agreed so things aren't reflected badly on you

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CSA has nothing to do with parent (with care) parents wage (unless old rules). It's based on (a percentage) of NRP wages.

 

If NRP is struggling, they can ask for variation. Question is, in 10 years time do u want to say to your kids ' I contributed (££) each week to your upbringing' or 'well your mums bf had loads of money, I thought he could take over financial responsibility'

 

I am a remarried pwc and would be happy for ex to stop contributing (I'm much better off financially than him). He has declined this suggestion though, for the above reason.

 

You can give CSA a call as the rules are always changing with them!

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Is it based solely on the NRP's wages tho? Cos my ex husband has had a payrise yet my money has dropped because he has moved in with his girlfriend and her 4 children. The CSA called it 'a change in his household' circumstances and said it was unfortunate that it coincided with his payrise. I would definitely phone them tho

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Hi ros

Yes sorry, they take into account other children he will be supporting too (in new CSA anywa). I have heard lots of examples of how unfair the old system was (where they take into account household income)

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  • 3 weeks later...

Hi folks

 

Ok I am now starting to make payments to the Child Support Agency (quite a bit) and really don't mind as long as the kid is getting something even though she will not allow me to see her. This was not my fault as the mother had lost the plot before I left her a good few years ago.

 

Thing is I know someone who works in a bank who my ex banks with (and her partner) - I know this breaks all kinds of rules but I just had to know and she will never find out.

 

She is claiming £400 in housing benefit and is also claiming working tax credit ...even though there is no wage coming into her account. He is stated at the same address as her on the banks details and owns a business himself but only takes between £5-800 wage but does do a bit of dipping now and again into the account to obviously not make it look like he's getting more than he should

 

My question is, if the DWP / CSA knew all this fraud was going on would my payments decrease

or would they stay the same? I'm not bothered but just a bit of knowledge

 

What sort of position am I in?

would an anonymous letter with all copies of their engagement (proof was in the paper) details help when sent to DWP, I also have proof of his name on paper and his business name etc

 

I just know that she doesn't need these payments from me as she is obviously living brilliantly just now, I on the other hand could do with that money as I'm finding it very hard to survive

 

thanks for any help

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I know what I would do! But it has to be up to you doesn't it.

I expect you'll still have to pay some, doesn't it actually go on what your earnings are rather than hers though tbh?

If you bubbled her, she'll likely get in trouble with the DWP & presumably tax credits if she isn't claiming as a couple, but it may not change your payments?

She's on borrowed time anyway, if he is registered anywhere at her address, they do find out from DATA matching. She's silly to take the risk.

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From my experience your payments should reduce, my ex husband moved in with his GF and her kids 2 months ago and his payments reduced by 25%. She does have four children tho. I think you can phone the CSA and ask for her circumstances to be reviewed but I would guess she would just 'fudge' the paperwork so it still looks like she is on her own etc. Like Jadeybags says tho she is on borrowed time

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Life is never fair. You just need to decide what (if anything) you are going to do about it

 

All I woud say is bear in mind your child here. If you did something about this then I bet your ex will tell them that their dad is an evil so and so who doesn't care etc etc. From the sounds of it she has given herself anough rope to hang herself with, its only a matter of time.

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The way you got this information doesn't just break rules it is also totally illegal. Unless you want your friend fired and potentially imprisoned you should think long and hard before using any of it. Of course as an upright citizen there is nothing to stop you tipping off the csa and dwp about rumours you hear such as they are living together. The fact you even have this information scares the hello out of me.

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you would still.have to pay regardless of her income it will only reduce if you have more children or live with someone who has children

just pay what you are asked and know that you have done right by.your child your ex can never say then.that you didnt provide she will get found out eventually cheats.never prosper !!!

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The way you got this information doesn't just break rules it is also totally illegal. Unless you want your friend fired and potentially imprisoned you should think long and hard before using any of it. Of course as an upright citizen there is nothing to stop you tipping off the csa and dwp about rumours you hear such as they are living together. The fact you even have this information scares the hello out of me.

 

Completely agree with this post. Whatever the moral rights and wrongs of this, you simply cannot go around using friends' privileged access to personal data to establish your case.Whilst you may score points against your ex, an inquiry into how the 'proof' was obtained would be almost inevitable and your friend's fingerprints will be all over the search history at the bank concerned. This is illegal and your friend WOULD lose their job, quite rightly. In many other areas of CAG, people are trying to deal with gross abuses of their personal data and I doubt that many will agree with or condone the way that you have obtained this information.

 

FWIW I am on your side if your assertions are correct and that benefit fraud is taking place, but for the good of all concerned, stick to the proper channels - report your suspicions and let the proper authorities investigate - if there is wrongdoing it will be uncovered. And keep your evidence obtained via your friend strictly to yourself.

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Your payments with the CSA will not change unless you have any children in your own house. It is only based on your own income not your ex partners. with regards to the claiming she is single with tac credits you would be best to contact tax credits fraud to tell them any information you have but you can only really give them evidence that you have obtained legally.

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