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Small Claims Court and non payment of maintenance through CSA...

(16 Posts)
101StressPuppy Fri 13-May-05 12:06:48

Right I need somebody who know something baout how small claims court works...

See my dd's father has a schedule of payment that he has not being abiding by. To cut to the chase, could I take him to a small claims court? would they be able to award me the money?

Does anyone know if payment schedules are legal documents? I'm guessing they are as the CSA have the right to enfoce them??

Can anyone help with these answers, please don't tell me to contact my CAB cos it's impossible to pre-book an appointment.

101StressPuppy Fri 13-May-05 12:37:38


Surfermum Fri 13-May-05 12:51:08

I don't know 101SP, but it can't hurt to give them a ring to ask. What have the CSA said about it?

101StressPuppy Fri 13-May-05 12:56:49

Haven't asked CSA directly. I am still trying to get hold my payment schedule for this year (not that it'll make the slightest bit of difference to the big fat 0 I get at the moment)

Surfermum Fri 13-May-05 13:04:36

Is he working? I thought they could do an attachment of earnings if he didn't pay.

Caligula Fri 13-May-05 13:07:36

Stresspuppy, why don't you phone the one parent familie helpline - 0800 018 5026

They should be able to tell you if the small claims court would deal with a maintenance issue.

101StressPuppy Fri 13-May-05 13:13:47

They done an attachment to earnings. his company are fiddling them.

The CSA are a 2-bit org that don't know their arse from their elbow.

Surfermum Fri 13-May-05 13:20:27

Somehow, I thought that would be the answer! Makes me so angry that there are dads like this about. Dh has always paid his x every penny he's been asked to (and more) and by direct debit. He must have had 5 letters in the last 6 months telling him they've decided he should pay by x method and enclosing paying in slips. Why on earth they waste time chasing someone who is paying and not those who don't beats me.

101StressPuppy Fri 13-May-05 13:26:48

because the ones that are paying are easy!

He just phoned, to add insult to injury.

tarantula Fri 13-May-05 13:27:17

Thats because harrassing dads who do pay is easier than trying to find the ones that dont and it makes them look like they are doing something when really all they are doing is creating stress for all the parents who ar trying to do their best for their kids. Obviously sending letters to paying dads is not going to casuse them near as much hassle as trying to deal with someone who is defaulting on their payments cos then they might have to do some thinking heaven fobid and actually start filling things properly etc. gggggggggrrrrrrrrrr I HATE THE CSA.

Surfermum Fri 13-May-05 13:36:28

Have a look here . I think you can go to the small claims court.

101StressPuppy Fri 13-May-05 13:49:59

surfermum - that's fab thank you. I feel a bit gung-ho now it looks at least possible.

I'm on phone to csa to again chase my payment schedlue for this year

101StressPuppy Fri 13-May-05 14:02:49

according to the CSA I can't take him to small claims court. It has to go through them. I've tried to enlist the help of a solicitor and nobody will help me because, guess what, yep you got it... it has to be done through the CSA. I can't afford a solicitor anyway but that is beside the point, nobody, will/can help me!

It's like banging my head against a brick wall.

All I want is £60 to buy dd some new shoes (2 pairs, 1 sandle and 1 a proper shoe). £60 in 3 years when he sees her every weekend, why is that too much to ask?

Surfermum Sat 14-May-05 19:41:20

That's a shame. That website made it look like it was possible didn't it?

charliecat Sat 14-May-05 19:43:50

send her to him in bare feet with just her knickers on! Say she needs new clothes and shoes..size whatever and close the door

aaliyahsmum Sat 14-May-05 20:11:51

my dd dad owes £8000 to csa and refuses to pay, he sees her when he wants mostly but a month ago i went back to work and he said when i got a job he would pay it but now he refuses, he is such a waste of space, he buys stuff for her to wear at his house but takes it off her at the door and takes it home, she is in bad need of clothes and it has been left to me to pay and my new dp, which really pees me off cos he makes out he pays for her to everyone we know

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