please help, i am FUMING!!!!

apywell

markeymark wrote: »

copied this from another forum, legally they have to negotiate arrears, they try fob u off with this 2 year rule!!


Here is the relevant stuff from a child support website chairman, taken from chapter 3 of the enforcement guide for england and wales.

1. Arrears are legally to be negotiated.
2. There is no time limit stated in law in which debt is to be repaid. Your offer of repayment must be reasonable compared with the debt. One should consider repayment of debt within a maximum of 5 years. Offering repayments that will take in excess of 5 years could be deemed unreasonable.
3. CSA Chief Executive informed Government that they would be taking quick action against those that default on payment.
4. CS legislation allows deductions from earnings to be taken at a maximum of 40% of net income. However, such orders should only be imposed under certain conditions which involve non compliance of the NRP.
5. DEOs are discretionary decisions which should consider the welfare of ALL children, including those living in the NRP family.
6. The CSA are procedurally required to supply you with a copy of the DEO. If this has not been served on you, they have not followed correct procedure.
7. Under CS legislation, there is no defence against a DEO. Courts are not empowered to quash an order on the grounds of it being unjustly applied. This is a breach of Human Rights under Article 2 in which an individual should enjoy the right to a fair trial.

They told me I have to pay my £6K within 2yrs. This is interesting as I haven't negotiated the arrears payments yet. Thanks for this.

apywell

Loopy_Girl wrote: »

I'm not entirely sure what you are asking to be honest or whether you are just on to sound off....1 minute you are saying you can't afford £100 to pay off the arrears that you would pay for a credit card payment and then you are saying that hubby is going to pay ex direct? Do you think she will take less than £100? and sorry to burst your bubble but she will know exactly how much the arrears are...the CSA do converse with both parties.

Would you pay BT nearly 5K if they asked and you dodn't know what it was for? I wouldn't imagine so so why are you doing it for CSA? I fail to see how 5K of debt could accrue without some knowledge of it...it's a large sum and by the sound of it the case is now with debt enforcement which means that normal channels have failed. Have you asked (or hubby asked) for a COMPLETE breakdown of arrears? use this link as emailing them get a very speedy response https://secureonline.dwp.gov.uk/csa/v2/en/complaint.asp

Ask that a hold is put on any action until you have received this letter (am not saying it will happen but at least there is a paper copy of the request)

You need to get this sorted ASAP I would say as, if they have your hubby's employer's then they may put an arrestment on the wages to get this arrear cleared.

Use that form and then see what comes back from that. If you are still disputing what the figure is then go to your MP again. If still not happy then go to a neighbouring MP. There is no point sitting fizzing away and you will feel better for being proactive and doing something.

loopy girl.. Do you have any experience of 'this' side of the CSA? The letter that I had when they demended £6k was that they will send in the Bailiffs if necessary. This is quite intimidating, and for something that is their error.

I had some knowledge of arrears but trust me... they are not quick in infoming you. You can give them information about a change in circumstances, but i have found them totally incompitent to record the correct details.

I asked for a complete breakdown and was told it had to be requested in writing. I did this and they lost the letter so it was never done. The letter can take 40 days.

NACSA_CHAIR

Our helplines are flooded with similar cases, in fact 90% of our work now is related to debt recovery activity - most of which is applied in cases that are not justified to have the full enforcement measures used.

Markeymark - the list you have posted is what should happen - but in reality it does not happen. Under the latest debt steer the idea of negotiating any arrears payments is non existent. Its simply a case of "this is how much you must pay - or else".

The agency hide behind the argument that its to help lift more children out of poverty - when in fact its just shifting it from one family to another.

NACSA are currently looking at the legalities of some of debt activities that are being applied, as we do believe much of it is an abuse of regulation. But the agency's powers are extensive, and clients will face some harsh enforcement action if debt is present. as such its absolutely crucial that anyone with debt has that debt amount verified as being accurate....and for that you must get a full arrears breakdown. Some officers are refusing to supply such breakdowns - if that happens, involve your MP!

apywell

NACSA_CHAIR wrote: »

Our helplines are flooded with similar cases, in fact 90% of our work now is related to debt recovery activity - most of which is applied in cases that are not justified to have the full enforcement measures used.

Markeymark - the list you have posted is what should happen - but in reality it does not happen. Under the latest debt steer the idea of negotiating any arrears payments is non existent. Its simply a case of "this is how much you must pay - or else".

The agency hide behind the argument that its to help lift more children out of poverty - when in fact its just shifting it from one family to another.

NACSA are currently looking at the legalities of some of debt activities that are being applied, as we do believe much of it is an abuse of regulation. But the agency's powers are extensive, and clients will face some harsh enforcement action if debt is present. as such its absolutely crucial that anyone with debt has that debt amount verified as being accurate....and for that you must get a full arrears breakdown. Some officers are refusing to supply such breakdowns - if that happens, involve your MP!

When I asked for my full breakdown the guy on the phone said as my case went back over the last 10yrs and on the old system, he was not obliged to do a full breakdown, but he said that he would. He said there was an arears amount carried over from the old system that may have been archived. But I argued my point due to the miss-handling of my case on numerous occasions in the past.

It really angers me that at the end of their letters it states "pay what you owe"............ yet it is the CSA that has stopped me doing so.... grrrrrrrrr

NACSA_CHAIR

As a point for people to monitor in this sort of situation...always be careful if debt has moved from one system to the other - it has been known for deferred debt to be reinstated and then pursued. there is a difference between suspended debt and deferred debt....suspended debt can be reinstated, but deferred debt cannot.

Whilst there is no legal obligation to provide clients with arrears breakdown, NACSA are currently in debate with Chief Ex's office about this very matter - our view is that if you are going to pursue someone for debt, you should be able to explain where the debt has come from. Those people facing liability order action have a degree of success in getting breakdowns if they use the right angle....but those under DEO threat have little to use to demand an explanation for the debt.

Tell me any other organisation that could justify making someone liable for £xx of debt, which they can take obscene levels of enforcement to recover - but not have any obligation to explain how that debt accrued!!!

apywell

NACSA_CHAIR wrote: »

As a point for people to monitor in this sort of situation...always be careful if debt has moved from one system to the other - it has been known for deferred debt to be reinstated and then pursued. there is a difference between suspended debt and deferred debt....suspended debt can be reinstated, but deferred debt cannot.

Whilst there is no legal obligation to provide clients with arrears breakdown, NACSA are currently in debate with Chief Ex's office about this very matter - our view is that if you are going to pursue someone for debt, you should be able to explain where the debt has come from. Those people facing liability order action have a degree of success in getting breakdowns if they use the right angle....but those under DEO threat have little to use to demand an explanation for the debt.

Tell me any other organisation that could justify making someone liable for £xx of debt, which they can take obscene levels of enforcement to recover - but not have any obligation to explain how that debt accrued!!!

This was my point to them last week. The CSA is so incompetent.

NACSA_CHAIR

Dont you just love them :0)

jpmummy

they automatically put you in arrears once they re-assess as it is all back dated from the review letter going out. it stinks!:mad:

littlemisscarole

Hi apywell,
You said to call and arrange a monthly amount, we wrote and suggested a monthly amount that we could just about afford that would have cleared the debt over 5 years and they refused it saying that it was not acceptable.
Did you get yours agreed?

kelloggs36

If debt is not owed to secretary of state, they can ask the PWC if they will accept payment over 3 years instead of the 2 that they are rigidly applying at the moment. In the OP's case, it may be something to try.