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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband took me to the small claims court for approx

Customer Question

My ex husband took me to the small claims court for approx £900. He claimed I owed him for money borrowed. What he had actually done was whenever he paid me for child support he gave me a slip to sign. He then claimed that this was money he had loaned me.
Anyway that is how the money mounted up. It stopped mounting up as he didn't pay any money to me and wanted what he had paid back.
When I got the notification from the court I contacted him and told him I had, had it with him. I told him if he didn't stop messing around I would go through the CSA and let the kids know what he'd been up to. He gets away with things because I keep the kids out of it but It's never ending.
He said he would stop proceedings and I wouldn't hear anything else from it. I told him that as long as that was the case the only thing I wanted from him was to stay out of my life. I can support the kids myself I don't want anything off of him other than to keep away.
This morning I receive a "Notice of Issue of Warrant of Execution" stating that unless I pay the amount due of £1,033,53 to the county court before 19th March 2013 the bailiff will call and may remove your goods for sale at public auction.
It states that this has happened because I didn't respond when it went to court the first time but as far as I was aware I had done, I had spoken to my ex husband the claimant who assured me everything had been sorted out.
I went into the court and applied for a suspension of the warrant and paid £4o and made an offer to pay £40 per month.
My ex is refusing to accept this offer of payment saying it's not enough and a hearing has been set for 12th April. It says it will take 10 mins.
What should I expect?...Will they send the bailiffs round?...Should I take anything with me?.... how can I get rid of this man once and for all?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist but need some further information first.
Are you really willing to pay this - and have you applied to the CSA?
Claire
Customer: replied 3 years ago.

Of the three options given on the court papers I accepted the debt. I just wanted him lonely disability cannot take the stress. Do i owe him the money...No!
I have not contacted the csa yet. I was waiting for advice from yourself on this matter.
I hope this helps.
Expert:  Clare replied 3 years ago.
Hi
How old are the children?
Claire
Customer: replied 3 years ago.

Our daughter is 17 and is in full time education. She will finish her course when she is 3 months from being 20. My son is not biologically my ex husbands and he is nearly 22 now. Both live at home with myself and my husband. My daughter goes to her dads on a Saturday and comes back Sunday night.

Expert:  Clare replied 3 years ago.
Hi
Is your ex making any maintenance payments at the moment.
Claire
Customer: replied 3 years ago.

My ex hasn't made any maintenance payments for at least 2 years.

Expert:  Clare replied 3 years ago.
Hi
Just to check - the money that he gave you before was voluntary maintenance?
Claire
Customer: replied 3 years ago.

No any money he gave before had to be dragged out of him by the CSA through attachment of earnings order.


He used to cry in front of my daughter saying he didn't have enough to


To live and couldn't cope. She became very upset and down. I had no choice but to withdraw the claim for my daughters sake.

Expert:  Clare replied 3 years ago.
Hi
And were these the monies he is claiming back?
Claire
Customer: replied 3 years ago.

The money he is claiming is for train tickets he paid for on his visa card and money he gave me which I signed a receipt for but I gave him the money back I was just stupid and didn't get him to sign a receipt.


Everything had seemed to settle down around that time and he seemed to be OK.


The train tickets I needed for work and I got cheaper online...he happened to be there when the offer came through. As for the money loaned...It was always for things for the children...he wasn't paying regular money, every now and again big things such as trips etc came up and I would try to get something out of him. I was a single parent struggling.


I only got married in September 2012 after being with my partner a few months before that I was alone.

Customer: replied 3 years ago.
yes
Expert:  Clare replied 3 years ago.
Hi
You need to apply to the CSA as soon as possible so that you have extra money coming in - which will help with the money you have to pay your ex.
The hearing that has been listed is for the court to decide whether or not you can afford to pay more than you have offered.
You will need to take a list of your income and outgoings to show what you can afford.
I hope that this is of assistance, but please feel free to ask for further clarification
Claire
Customer: replied 3 years ago.
will the court be likely to send the bailiff round as my ex husband
wants or will they be looking to put a payment arrangement in place?
Expert:  Clare replied 3 years ago.
Hi
The court will be looking to agree a payment arrangement - one that the COURT thinks is fair
Claire

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