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Change over from csa to cms has left a month void in receipt of maintenance


Hadituptohere
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HI, just wondering if anyone can help at all plz, im in receipt of payments fro my ex for our 2 children that live with me throughout the week and visit their mother 6 nights per month plus 2 weeks holidays.

 

The CSA closed there file on the 11th Feb but collected the arrears on the schedule, CMA have assessed payments but starting the 7th March leaving quite a shortfall in payment.

 

Ive been on the telephone to both companies and told theres nothing they can do about the period in between which is alomst a months payment.. is this right as they both state that the paying parent has a legal obligation to pay????

 

This has also gone the same as receiving nothing for the first 14 months of our separation..

 

No wonder my ex first agreed to direct payment and then worked the system, its the children i feel sorry for not myself..

 

Any advise would be appreciated as to what i can do

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 weeks later...

since my ex has refused to pay for the month that has lapsed whilst the csa and cma changeover has taken place and the fact she has a legal obligation to pay, would the small claims court deal with this none payment??

 

Plz again any advise appreciated

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi

Ive posted on CSA matters and not received any suggestions or help, just wondering if anyone can please advise if small claims court would deal with my current situation of Maintenance payments..

thanks in advance

 

hadituptohere

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475401-Change-over-from-csa-to-cms-has-left-a-month-void-in-receipt-of-maintenance&p=5008297#post5008297

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ive had point blank refusal to pay the monies that would have been paid under the CSA that closed on the 11th feb, we had a verbal agreement for her to pay direct rather than use the new CMA system for her to then disagree on how much to pay despite having a forecast of scheduled payments had the CSA still been dealing with our case.. \The CMA have now done their calculations and it works out less than the CSA also the CMA only started on the 7th March due to the reversal of our verbal agreement on her behalf and as the account wasnt set up with 30 days before her next pay date the children will now receive payment on the 26th April, 2 and a half moths with no payment?? But the cma have added a few pounds over the 12 moths to cover the arrears from the 7th March to the 26th April??? Its a complete joke.. and they state that the paying parent has a legal obligation to pay?? it seems theres such a loop hole to be played!!

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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if you could tell us what part,titular law is involved. Then we might be able to give you an opinion. It. may be that CSA is not a very strong area for us

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Guest Mrs Hobbit

Problem is you have a verbal agreement and from what i have learnt the Small Claims Court isn't the place for this. The CMA should be able to advise you regarding an attachment of earnings.

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