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DEBT to csa/iqor

Last post Wed, Nov 19 2008, 3:03 PM by conmankiller. 6 replies.
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  •  Tue, Nov 18 2008, 12:51 PM

    DEBT to csa/iqor

    hi

    please can someone help us, my partner has been given an aeo from iqor for a debt to the csa, they are trying to take over £300 a month from him when he only earns £800, we need someone to give some advise as we are dealing with the cab but they are not having much luck in soving the issue.

    my partner is happy to pay the debt but at a reasonable weekly payment, if they take what they are trying to we will be left with nothing.

    he has 4 children from his marriage (2 over 18 now) and we have a 2 year old at home as well, we pay £660 a month in rent plus bills and cannot afford this on top

    he has tried contacting them and got no where they say they cannot budge but if they do take it he has said he will walk out of the job which isnt the answer

    • Post Points: 20
  •  Tue, Nov 18 2008, 8:29 PM

    Re: DEBT to csa/iqor

    Hi -- Have a fiddle with the CSA's own online payments calculator to see what payment you should be reasonably expected to make using their own rules.

    https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

    • Post Points: 20
  •  Wed, Nov 19 2008, 1:02 PM

    Re: DEBT to csa/iqor

    thanks i looked at that and it said £18 a week which is more reasonable than over £300 a month.

    biggest problem is they are not listening to my partner or cizens advice, we have had the local Mp look at the case and he is supposed to be going back to them.

    my partner knows he owes the debt and its not the issue its the fact they are tryin to take far too much money, we havr my partners children over 130 days a year and get no funding for this and we also have our own child as well.

    if they continue to hassle it will just cause even more damage

    is there anyone that can get through to them as they are so rude to my partner and they also threatening his boss if she doesn't send the money she will be in big trouble.

    top and bottom of it is if they take what they say they will it will leave us with approx £10 a week to live after we have paid childminder etc!!

    • Post Points: 20
  •  Wed, Nov 19 2008, 1:34 PM

    Re: DEBT to csa/iqor

    Hi --Sorry I don't know the process or regulations that the CSA are required to use. One thing is for certain though before they can enforce an attachment of earnings order they do need the courts approval, the courts will only issue a AEO once they see an income and expenditure balance sheet that shows that you are left with enough to live on according to the rules on "what is the minimum amount the law says you need to live on," once your financial circumstances are fully known and taken into account.

    I would contest the AEO and let them take it to court, then take all the I & E balance sheets to show to the court the order amount they are asking for is an unreasonably excessive amount compared with what you can afford to repay, they do have to leave you with enough to live on no matter how much is owed and this AEO will be set at an appropriate much lower figure by the court based on your ability to pay.

    If the CAB are not much help and your MP cannot help sort it, all I can suggest is see a Solicitor who specialises in family law, your initial consultation could be free and you may possibly qualify for legal aid if they represent you further.

    • Post Points: 20
  •  Wed, Nov 19 2008, 1:57 PM

    Re: DEBT to csa/iqor

    cheers

    where does his boss stand because they are really bullying her into paying the money, they say that she is in big trouble if she doesn't send it and because she has held back over the last couple of months as the citzens advice were helping , she now has to pay a % of the backlog as well which means my partner will have even less money?

    We have done no expenditure forms with them, apart from the one CAB did recently which i know hasn't been taken to court.

    would my partner have had to attend the court?

    • Post Points: 20
  •  Wed, Nov 19 2008, 2:02 PM

    Re: DEBT to csa/iqor

    crazy thing is the CSA have sent my partner a letter today to his circumstances haven't changed since having our child and he is not pay anything to them

    this has been the case since our child was born 2 years ago they assessed him and said we could not afford to pay any maintenace!!!

    • Post Points: 5
  •  Wed, Nov 19 2008, 3:03 PM

    Re: DEBT to csa/iqor

    Hi -- Your employer should not be bullied into paying anything on a AEO order without it firstly being endorsed by a court and their approval given it is not worth the paper it's written on and is simply a request, not a legal order until it's got the courts backing.

    I or anyone could send you one requesting money off your wages, would you consider it a legal document, if it was not backed by a court order. ?

    You really need professional help otherwise this will always be haunting you, consider the Solicitor suggestion to get it sorted properly, once and for all.

    You asked - would my partner have had to attend the court?

    Not if a Solicitor was representing him, unless of course he wants to be present in case of any minor queries the court may have.

    • Post Points: 35