Main site > MoneySavingExpert.com Forums > Work & Benefits > Benefits & Tax Credits > Child Support > paying my late fathers alleged csa arrears (Page 1)

IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
paying my late fathers alleged csa arrears
Closed Thread
Views: 1,062
Thread Tools Search this Thread Display Modes
# 1
stressed81
Old 11-02-2011, 3:54 PM
MoneySaving Convert
 
Join Date: Oct 2008
Posts: 32
Default paying my late fathers alleged csa arrears

My Father passed away last year and as his son I dealt with his estate. As he did not live with My Mum he paid child support up until 1998 when I turned 18. The csa took money straight from his earnings so I am certain he owed no arrears, I even found a letter stating that he had actually overpaid.
Unfortunately I have recently received a letter stating that he apparently owed 2000 in arrears and as executor of estate I am liable for.
Now they have sent me a bill with no proof of the arrears owed from 13 years ago, asking me to pay arrears that are owed for the upkeep of myself Now it seems a little strange they have waited 13 years and until my Dad is dead to send this bill and the whole situation seems a little bizarre to me. Is there not a statutory limit on how long they can chase a debt for? and should i just bin this letter and forget about it? as I hear the csa are like a dog with a bone.
stressed81 is offline
Report Post
# 2
splashproof
Old 11-02-2011, 5:10 PM
MoneySaving Convert
 
Join Date: Jun 2007
Posts: 132
Default

Quote:
Originally Posted by stressed81 View Post
should i just bin this letter and forget about it? as I hear the csa are like a dog with a bone.
No !

I have no legal knowledge, but if you were executor of the will, then you might be held responsible.

You really need legal help with this.
splashproof is offline
Report Post
The Following User Says Thank You to splashproof For This Useful Post: Show me >>
# 3
kelloggs36
Old 11-02-2011, 5:56 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jul 2006
Posts: 7,395
Default

You need to ask for evidence of the arrears - it may be that the arrears were suspended but it may be an error. Ask for a complete breakdown of the account before doing anything.
kelloggs36 is offline
Report Post
The Following User Says Thank You to kelloggs36 For This Useful Post: Show me >>
# 4
Blob
Old 11-02-2011, 11:07 PM
Serious MoneySaving Fan
 
Join Date: Mar 2009
Posts: 990
Default

Just a thought, but I am guessing here the arrears are unsecured, as there is no Charging Order? If that is the case and the estate did not have the money that they are now asking for then, they will be out of luck! As my understanding of this is that in the event that you die and there is not the money to pay your creditors then the debt dies with you.
Blob is offline
Report Post
# 5
vitriol
Old 12-02-2011, 6:19 PM
MoneySaving Convert
 
Join Date: Jan 2011
Posts: 69
Default

im so sorry that you lost your father at such a young age, i know nothing of the answer to this situation, could you not say to the csa, it doesn't matter i don't want the money?

I'd be interested in this answer as they say the money is for the children, it will be interesting to note what else it is for,

like i said my thoughts are with you
vitriol is offline
Report Post
The Following User Says Thank You to vitriol For This Useful Post: Show me >>
# 6
gratefulforhelp
Old 12-02-2011, 6:37 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2009
Posts: 9,041
Default

Blob, the first thing to come out of an estate is debts, so if the OP is to inherit any money, the CSA money will have come out first unless he heads them off.

When I discussed with my solicitor waiving my rights to child support as part of a deal with the NRP, she told me the rights are with the child, not the PWC, so maybe he can say he doesn't want the CS??
Please do not confuse me with other gratefulsforhelp. x
gratefulforhelp is offline
Report Post
# 7
millwall34
Old 12-02-2011, 6:47 PM
MoneySaving Convert
 
Join Date: Mar 2010
Posts: 72
Default

Quote:
Originally Posted by stressed81 View Post
My Father passed away last year and as his son I dealt with his estate. As he did not live with My Mum he paid child support up until 1998 when I turned 18. The csa took money straight from his earnings so I am certain he owed no arrears, I even found a letter stating that he had actually overpaid.
Unfortunately I have recently received a letter stating that he apparently owed 2000 in arrears and as executor of estate I am liable for.
As the appointed executor, you have no liability to pay the debts of the estate from your own money.

Its the estate that pays the debt due provided they are genuine, otherwise an executor can disregarded ther liability under his power under the Administration of Estates Act 1925.

Quote:
Originally Posted by stressed81 View Post
Now they have sent me a bill with no proof of the arrears owed from 13 years ago, asking me to pay arrears that are owed for the upkeep of myself Now it seems a little strange they have waited 13 years and until my Dad is dead to send this bill and the whole situation seems a little bizarre to me. Is there not a statutory limit on how long they can chase a debt for?
No statutory limit but I have a feeling (check legals on this - but I had a similar case and overturned a LO on production of the death certificate) the Administration of estate Act 1925 nullfies the Liability Order, and enforcement action is no longer legal. This is because the debtor is no longer alive and bailiffs and commital proceedings cannot be served on the deceased executor.

Quote:
Originally Posted by stressed81 View Post
and should i just bin this letter and forget about it? as I hear the csa are like a dog with a bone.
For now, just send a copy of your fathers death certificate and leave it there. If you are appointed the executor in your fathers Will then apply for the Grant of probate - Complete a Form PA1 and file it at your local probate court. There is a helpline available feom the Office of the Public Guardian and the probate system is user friendly, you dont need to pay a solicitor. http://www.publicguardian.gov.uk/utility/contact.htm

When you have the Grant, you have the estate taxed for IHT - on a Form IHT400 or IIHT216 if your mother is still alive & still married to him when your father died. Pay any IHT due and you receive the Certificate attached to your fathers Will.

Distribute the estate according to the Will. If the CSA liability is genuine, then you will have to pay this from your fathers estate before you distribute it to the beneficiaries. If the Liability is not genuine then return the demand unpaid no affects. That means there is insufficient assets in the estate to pay the liability because it has been absorbed on your fathers testimentary dispistions, e.g. his funeral, wake and costs of winding up the estate. There is no law setting a limit on how much an executor can spend on estate administration.

On a lesser note, solicitors often draft the Will so the trustee "holds (the legacy) upon trust for [name] or for such shorter time as my trustees shall think fit" (not scotland). This means the executor can hold the the assets on trust for perpetuity or until the threat goes away or has spent the assets on dispositiions.
millwall34 is offline
Report Post
The Following User Says Thank You to millwall34 For This Useful Post: Show me >>
# 8
vitriol
Old 12-02-2011, 6:52 PM
MoneySaving Convert
 
Join Date: Jan 2011
Posts: 69
Default

just a query, at the end of the day the man is dead, do the csa still want money from a deceased person for a son who is executor to the will? is it about the children or is it regarding more than the children
vitriol is offline
Report Post
# 9
PreludeForTimeFeelers
Old 12-02-2011, 7:54 PM
Serious MoneySaving Fan
 
Join Date: Jan 2011
Posts: 1,829
Default

If the arrears are from 13 years ago then I am guessing that they are owed to the Secretary of State.
PreludeForTimeFeelers is offline
Report Post
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT. The time now is 10:27 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 26 November 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.