Quizzes & Puzzles0 min ago
Certificate of service not made by Plaintiff
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Hello and thankyou in advance although I will reply to answers.
For some years now I have been pursued by the CSA for a small amount of money (less than £1000.00) even though it was paid, My son is now 22 and this has been going on for years. People have said to me just pay it however it really annoys me as this was paid to my ex partner over a period of time when the CSA just didn't bother with administration. I can only prove about 180.00 of the disputed 900 and odd pounds. I know it was paid but she now claims that it was not and to rub salt in has privately admitted to me (not in writing that she is looking forward to spending it on holiday but that she knows it was paid.
Anyway I have been to court several times and each time the CSA said that they were not ready and had it adjourned. The foutrth time I was ill and notified them that I could not attend but the fifth time they sent a letter while I was working in Scotland and I did not recieve it until it was too late. I wrote a letter objecting to the way they had done this but to no avail.
Now they have applied to have the debt atached to my property and I am livid. It is due in court tomorrow for finalisation however speaking to the clerk today he said that the CSA have not lodged a certificate of service and that I may ask the judge to set the judgement aside. BUT he said if I make this application it will cost around £80 and the outcome would be down to the judge. I would really like to challenge this as basically it is immoral and wrong. I have a great relationship with my only child who is now a young man and would rather help him with the money than give it to his mum for a week in Benidorm. Are there any legal eagles out there with advice on what I should say to the Judge and what may be the likely outcome. The hearing is tomorrow but the certificate of service still has not been lodged and is 99% unlikely to be. I also did no recieve the interim charging order to which the certificate refers. Am I flogging a dead horse, I know it is not a fortune but it is wrong to me ...
For some years now I have been pursued by the CSA for a small amount of money (less than £1000.00) even though it was paid, My son is now 22 and this has been going on for years. People have said to me just pay it however it really annoys me as this was paid to my ex partner over a period of time when the CSA just didn't bother with administration. I can only prove about 180.00 of the disputed 900 and odd pounds. I know it was paid but she now claims that it was not and to rub salt in has privately admitted to me (not in writing that she is looking forward to spending it on holiday but that she knows it was paid.
Anyway I have been to court several times and each time the CSA said that they were not ready and had it adjourned. The foutrth time I was ill and notified them that I could not attend but the fifth time they sent a letter while I was working in Scotland and I did not recieve it until it was too late. I wrote a letter objecting to the way they had done this but to no avail.
Now they have applied to have the debt atached to my property and I am livid. It is due in court tomorrow for finalisation however speaking to the clerk today he said that the CSA have not lodged a certificate of service and that I may ask the judge to set the judgement aside. BUT he said if I make this application it will cost around £80 and the outcome would be down to the judge. I would really like to challenge this as basically it is immoral and wrong. I have a great relationship with my only child who is now a young man and would rather help him with the money than give it to his mum for a week in Benidorm. Are there any legal eagles out there with advice on what I should say to the Judge and what may be the likely outcome. The hearing is tomorrow but the certificate of service still has not been lodged and is 99% unlikely to be. I also did no recieve the interim charging order to which the certificate refers. Am I flogging a dead horse, I know it is not a fortune but it is wrong to me ...
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For more on marking an answer as the "Best Answer", please visit our FAQ.are you saying that you didn't receive something that the CSA or the Court are supposed to have served on you? If it was the Court to serve it, there would be no Certificate of Service filed by the CSA. I don't know if you mean that Judgment has already been given, or really what it is your asking? x
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