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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Every single year since we split ex has taken me to court over something

68 replies

Inliverpool1 · 13/01/2019 16:44

His latest is he feels he’s over paid CSM by £2500 and wants £2500 towards the costs of recovering this from me. This is in addition to money I do owe him but have absolutely no way of paying.

I’m a single mother, we have exactly £100 a week to live on after bills.

I know he’ll get absolutely nowhere with this but is there a way of applying to court to have him stop harassing me via his solicitors?

OP posts:
ReanimatedSGB · 13/01/2019 17:25

Can he prove you owe him this money, or that he has any legal right to charge interest? A court would probably take a pretty dim view of a man trying to extort a high rate of interest from the mother of his children...

Mummacake · 13/01/2019 17:25

Yes, he's using the court system to further financially abuse you. Just go to court and explain that these sums are in place by CMS and that you only have £100 p/so to live on weekly and this relentless action by your exh is vexatious. Courts are becoming less tolerant of this behaviour. He sounds like a controlling bastard.

Inliverpool1 · 13/01/2019 17:26

ILoveChristmasLights - it’s stated in the letter that it’s CMS money.

OP posts:
Inliverpool1 · 13/01/2019 17:28

Basically I was stupid as part of the binding financial settlement I agreed to pay him £1700 so he had somewhere to have the children overnight. I don’t know where I thought I was getting the money from but anyway. It is part of the court order. However also part of the court orders made 4 years ago, was a pension split. I should have had £60,000 transferred to me, hasn’t happened and hes moaning about £1700.

OP posts:
greenlanes · 13/01/2019 17:31

Mine does this, only his schedule is approx every 18 months. The poster who mentioned vexatious litigation - the court will only even begin to consider this if the action is on the same matter. So child care proceedings are different to financial which are different to variations which are different to (fake) single issue order requests etc etc. What pisses me off beyond belief is that mediation is "optional" and they care if you pretend to go rather than any real progress being made, the courts claim to support LIPS when it is LIP vs barrister (only that doesnt really happen of course) and they dont look at the track record which would show an issue. Basically family courts are a fucking waste of public money as the incompetence is incredible. I get your pain.

IceRebel · 13/01/2019 17:32

If you agreed to pay him £1700, have you paid any off? Not sure where the daily interest is if the original figure was £1700.

As for the 60k have you mentioned this in court?

solongthen · 13/01/2019 17:33

If he owes you £60,000 agree to take the £1,700 off that and ask him to pay you the balance.

greenlanes · 13/01/2019 17:33

Saw your update - deal with the pension sharing urgently - that is your future on the line. Get that court order enforced.

BumbleBeee69 · 13/01/2019 17:34

OP this is horribly abusive Flowers

Maelstrop · 13/01/2019 17:35

If he yet again takes you to court, can you use this as an opportunity to bring up the missing pension money given he wants £1700 back for whatever reason?

greenlanes · 13/01/2019 17:35

The £60k pension will presumably only be able to be transferred to a pension plan?

crimsonlake · 13/01/2019 17:39

My ex was like this, dragged me to court every year for 8 years and it is exhausting and draining. Does he self represent, any application costs money as well?

Inliverpool1 · 13/01/2019 17:51

crimsonlake - no he engages a solicitor who seem to humour him. I don’t any more I just sit and listen, put the judge straight, this tends to then trig some other reaction so they are seen to be fair I guess. Then on judgement day he back tracks

OP posts:
MrsBertBibby · 13/01/2019 18:01

Did the financial consent order specifically say that the £1700 lump sum would incur interest if paid late?

BumbleBeee69 · 13/01/2019 18:02

I'm literally speechless at what this man is doing to you OP, this is really awful, how can you ever truly be free of him Flowers

Inliverpool1 · 13/01/2019 18:06

MrsBertBibby - no he has added that all by himself
Bumble - I think he thinks I’ll give up if he keeps it up, I literally can’t afford to though

OP posts:
IceRebel · 13/01/2019 18:08

no he has added that all by himself

So the original amount was £1700, and you've paid some off but he's added daily interest so the amount is still £1700?

If so i'm pretty sure that's illegal.

Inliverpool1 · 13/01/2019 18:11

No I haven’t paid any of it, I couldn’t, can’t. The money was for him to get a place to have the kids overnight and before the ink was even dry on the paperwork he’d moved in with the new woman so has somewhere to take the kids. I know that won’t matter legal but it is galling, he lied

OP posts:
Inliverpool1 · 13/01/2019 18:11

It’s now £1700 plus £150 of interest

OP posts:
keepingbees · 13/01/2019 18:21

My DH ex wife did this. It's horribly stressful and I'm really sorry.
Is he funding it all himself or getting legal aid?
My DH's ex was getting legal aid and must have cost the tax payer a fortune. It only stopped when we managed to get her legal aid withdrawn as she was getting it on false pretences which we proved. Unfortunately the courts had allowed her to do a lot of damage in the meantime.
Can you get a prohibited steps order on him? Or report him for harassment to the police (which we also had to do!)

Scifi101 · 13/01/2019 18:22

You really need that pension order enforced.

I have lived though what you are describing. He wanted to continue to control me. Only ended when my children were old enough to have their opinions listened to by the courts.

Would women's aid or another charity be able to help you?

Scifi101 · 13/01/2019 18:23

Another reason my ex did it was to keep prevent me from moving on as it kept me from having the strength to make changes.

Inliverpool1 · 13/01/2019 18:30

Scifi101 - I know I’ll get on that tomorrow morning

OP posts:
Ourmaud · 13/01/2019 18:32

Can you not request the court to disregard future actions as your ex is a vexatious litigant?

MrsBertBibby · 13/01/2019 18:32

Matrimonial lump sum orders under £5K do not automatically carry interest

www.legislation.gov.uk/uksi/1991/1184/made?view=plain

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