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Enforcing CO.. MoneyClaimOnline or form d50K???

  • Nancy 123
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28 Apr 15 #460569 by Nancy 123
Topic started by Nancy 123
Hi
Ex has reduced SM for 3 months and I need to claim arrears and enforce the order. Courts are sending me all over the country and I am now sent back to my original court .
So....do I fill in form D50k or D11 and can I easily do this myself without a solicitor??
Getting more and more confused and frustrated!!
Thank you
Or... do I claim back arrears via Money Claim online?? What is the difference?

  • Gillian48
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28 Apr 15 #460570 by Gillian48
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Not sure what the form is but I applied direct to the court for enforcement of the order inducing fees and arrears. I also applied for an attachment of earnings order which can be done if they''re employed .
The court approved the application without a hearing although I think some cases do have hearings?
If you use a solicitor ask for the fees to be included.
Sorry not much help hopefully someone will direct you to the correct form.

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28 Apr 15 #460574 by Nancy 123
Reply from Nancy 123
Thank you,

I had such a rude young man today ''covering the court help desk'' that I am frustrated and drained, it feels a bit like groundhog day :(

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28 Apr 15 #460575 by tinkerbell1606
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Hello there

Having been through the process, it''s a D50 k, available to download free from Ministry of justice forms.

Then you calculate arrears, write a brief statement of issues, and send one to the court that made the order, with three copies, a copy of the order and don''t forget to ask for costs in the application.

Pm me if you want any more!

Think x

  • Nancy 123
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28 Apr 15 #460578 by Nancy 123
Reply from Nancy 123
Did you do it yourself or through a solicitor?

I was charged £300 approx. to complete the form, which when the claim is for £700ish seems a bit hefty?

Presumably I may have to calim more than once if he continues to pay the full amount?

  • Fiona
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29 Apr 15 #460636 by Fiona
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When there are arrears going back more than 12 months you need to apply for the court''s permission to enforce (Form D11) . Otherwise use the appropriate form for the method of enforcement. A guide to enforcing maintenance payments EX327 is available to download from the Ministry of Justice website.

However before going to court you need to try to sort the matter between yourselves. When enforcing payments the court has to ensure the debtor has the means to pay. If the payer of maintenance has been made redundant there is more chance of successfully enforcing arrears to wait 6 months (and before 12 months) in the hope that by then they are back in employment. When the payer''s circumstances have changed they may apply for a variation and enforcement proceedings can be postponed for months until the variation case has been heard. So when circumstances have changed it makes sense to formally negotiate another agreement even if it is temporary when possible. Any correspondence can then show you have been reasonable.

If the payer then doesn''t give explanations, voluntarily disclose their financial position, negotiate reasonably or respond to written notice of taking the matter to court there is evidence you can use if you need it.

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29 Apr 15 #460656 by Nancy 123
Reply from Nancy 123
Thank you Fiona

Ex has decided he can no longer pay, but actually has decided he does not wish to (new wife saying he pas me too much etc etc)and has admitted he regrets signing the Consent Order a year ago. His job is the same as a year ago when he signed the consent order.

Saying he is going to take a lower paid job (from self employed to permanent) when it becomes available. Until this happens I do not see any reason why he can justify not paying, he continues to have a very nice lifestyle.

He will not give me his financial details even thought it is a requirement of the consent order to provide annual business accounts and tax returns to me.

He basically has proposed to reduce and then stop SM in 18 months time, which obviously I cannot agree to.

Will the court not accept this as a reason to chase the reduction in his payments/arrears? I have told him clearly I do not agree to his proposal.

Thank you again

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