Ex Using court to harass me

[Inliverpool1]

Basically every year since we split 7 years ago ex has taken me to court for something. Wanted more time with the kids, put me through hell on earth only to pull out on the day and agree to what I’d agreed in the first place. Friday night solicitors letter drops on the doorstep. Wants family home that children and I are living in sold. Nobody wants to buy it, been on the market 3 years. I will buy it later on this year - not good enough.
I do owe him £2000, can’t pay that and buy the house off him. He also wants £2500 he feels he’s over paid via CMS - they disagree. Wants £2500 in costs.
It’s absurd. How do I stop this.

Do you have a solicitor?

There is such a thing as a vexatious litigant, ie someone who misuses the court for their own purposes and wastes the court's time. I've dealt with two at work, and neither is allowed to make court applications without permission.

It's a matter of showing a pattern, collating the evidence and presenting it to the court in such a way as to make it clear what he's doing. So at the same time as answering the claim, you're also pointIng out to the Court that he keeps doing this and you believe he is motivated by harassing you. Courts do not like to have their time wasted and do not look kindly on these sorts of people.

There is a register of them, it's taken very seriously. Here's the gov.uk link about it - www.gov.uk/guidance/vexatious-litigants

You'll not get anywhere with that. He owns a house with you. He is entitled to try and realise his interest in it. It is legitimate that his solicitor writes to you about it.

It’s not the house that’s the issue, it’s the other stuff.

You owe him money so courts are the aveune which to reclaim said money. He is allowed to use the courts to reclaim a debt. Vexus litigants are for people making nonsense applications repeatedly.

What you say in the opening post is that you owe him 2k but cannot pay him if he wants the house. So you are blackmailing him saying drop the debt so you can get the house value you are owed. He has taken acception to that and taken the 2k debt to court now you think thats harassment i think it is a lehitimate route for him to get ALL his money back as in the court can give you ccj and if you dont pay baliffs can come.

Well that’s one way of looking at it. The issue is that his children need housing so if he continues with this action the losers will be them for £2000

You could take a loan out to pay your debt but it is your debt and attempting to blackmail emotionally saying the children will suffer will most likely get his back up (it would me).
And if the children would suffer so much hardship paying what you owe (you could easily take 2k from your share of house and pay him).

But if money is so tight would not that be a cocern enough to warrent him going for custody of the children aka you becaming a NRP since you seem not to be able to pay your debts without the children suffering...

Yeah you see I’ve offered him full custody the last time he did actually make us homeless. He doesn’t want it. And my credit is fucked due to his actions so a loan isn’t possible.

Can you get a solicitor, can you get legal aid at all?

With regards the house can you have a mesher order put in place so he can retain his interest in the property but you’re not forced to sell till the children are 16 (or whatever).

It does sound like he’s needlessly dragging you to court, if he wants CSA money back herneeds it take it up with the CSA, it’s not something court has anything to do with.

How do you owe him £2,000? I’d offer a payment plan, eg I’ll pay you £5 a month or whatever you can suitably budget for. But only offer that if it is a proper recognised amount you do owe him.

All CSA stuff tell him to speak to them it’s nothing to do with you. They’ll adjust payments if they find they miscalculated.

I would look at getting proper legal advice. I think some places do offer free legal advice.

The CSA told him to fuck off badically, they are entirely happy with the calculation. He is not and that’s the point it can all be and is being addressed

To OP

Considering the sums involved I would say that his motivation is aggravation/irritation. Can't see involving solicitors being cost effective for a debt of £2,000 unless the court award his costs too, but that is his decision.

I agreed to pay him £2000 so he’d have somewhere to take the children at weekends and holidays as he was living in a bed sit.
Neither of us were living in the family home until recently I couldn’t afford to so that was rented out whilst I rented somewhere else, until the day HE decided that because he had the children for 2 weeks he didn’t have to pay maintenance for that period. I couldn’t afford the rent and we were living in a country where 2 weeks arrears meant you were out.

So you don't owe him any money. You just said you'd give him some, then you didn't. His time with the DCs is his problem.

So you are now in the family home, but it won't sell. You can't alter that and no amount of him taking you to court is going to alter that.

I can take over the mortgage pretty soon, I’m just worried he’ll go to the house equivalent of we buy any car

I write him a quite eloquent letter via his solicitors pointing out how bad he will look to the court and children if he didn’t back off. Fingers crossed that does the trick. I’ve been to court several times and won with a solicitor I don’t like wasting their time

Wrote