HELP... CSA are a law unto them self... What are our rights???

Sharree

My husband is going through a real ordeal with the CSA and the ex partner. They split up when his daughter was 2 (now 20) and an order was made and he paid his money. 13 years later they had a big fall out over the daughter so she rang the CSA up and said he`d not been paying her any money, the long and the short of it is that he had no proof he had being paying the money (they would not even take the evidence from the daughter as she used to pass the money on) so we came to terms with the fact that we had to re pay the £5800 and went to court to agree a monthly repayment figure. We agreed £20 per month. To say the ex wasnt happy is an under statement. She canceled the claim with the CSA and vowed to take a private prosicution for £10k which she said we owed, against us and also to sue the CSA for not doing their job properly. 7 months later a letter from the CSA has just dropped on our doorstep saying we now owe the £5800 again. After a lengthy phonecall to them, they are basically saying that the ex is saying she did not cancel the case and that they have conveniently lost records which would confirm she had in fact canceled the case. How can she do this... she was quite obviously laughed out of a solicitors office, this is why she has returned to th CSA, but I need to know where our rights are. Can anyone help or suggest a law firm who will act on our behalf. Money is really tight as our business is in the construction industry and we are on the edge of going under. What can we do?

stressed_eric_4

as your daughter is now 20 surely the csa would have closed the case down a few years ago, did you receive a letter stating that it was closed? surely if it had been closed it can not now be reopened years after. request your dpa file to see what is in them, they can make interesting reading!

did you pay by cash or cheque? can you get copies, surely she needs to prove as well that you haven't paid, it's fraud - could you not pursue a private claim against her for fraud.

let this be a lesson to others - ALWAYS PAY BE STANDING ORDER & MAKE SURE IT STATES CSA MAINTENANCE PAYMENTS FOR XXXXX. and keep your statements FOR EVER!!!

Sharree

I agree totally, stressed eric (loving the name) No it was always paid cash. The arrears they are saying date back to 2002 and they are saying that whenever the mother says that she is owed the money, the file will stay open. I am waiting for a phone call from someone higher up the chain at the CSA to complain, but i very much doubt im going to get anywhere. Basicaly they are saying that they are taking the word of the mother, end of, even though i have sent them a letter from the 20yr old step daughter stating that my husband paid the money. She canceld the claim with the CSA last june but the CSA are saying the mother is saying she hasnt so therefore they are on the side of the ex.... im sooo angry as you can probably imagine.

kelloggs36

Did you get receipts from the ex stating that the money was for maintenance and the dates it covered? If not, then the CSA must err on the side of caution. i take it that you went to direct pay which was why he didn't pay via them at the time?

Sharree

yes, she only used the csa to tell her how much he should pay and then he paid the money direct to her, cash... I know it was a stupid thing to do in heinsite, but you just dont think that they will bare face lie like that...Just been on the phone to the csa now and they are saying that the 5800 is a debt incurred and will never be wiped off regardless of weather or not the pwc cancels the claim. The debt can be suspended but will never go away, so theoretically she can play with our lives for the rest of our lives, she can just keep suspending and re activating this debt forever, putting me and my husband under untold stress. It is already causing problems, which i know is her ultimate goal, but its hard to switch off from it all.

kelloggs36

If the debt is that old, usually the CSA would not collect as she should have reported non payment way before now. When did it originally get reported as 'unpaid'?

Sharree

she first reported it about 4 years ago i think, It has been going on a long time, its just now its coming to a head. Its been going on as long as ive been with my husband and thats 4 years. we have been contesting it this long.

kelloggs36

I would argue that had she not made payments from 2002 that she should have reported it then and not waited for years afterwards!

Sharree

Just a quick one. When I met my husband he had just gone bankrupt, I had my own business and he came to work for me. He has nothing, no property, or assets, i myself have a house, car etc. Its all in my name, can the csa demand i pay his debt because we are married?

pd001

Sharree wrote: »

Just a quick one. When I met my husband he had just gone bankrupt, I had my own business and he came to work for me. He has nothing, no property, or assets, i myself have a house, car etc. Its all in my name, can the csa demand i pay his debt because we are married?

The debt, if there is actually a debt, is your husbands alone.

It is not your debt, so they cannot demand that you pay it.
They may try to get details of your income at some stage in the future. You are not legally obliged to give details of your income if you don't want to.
Just make sure that your hubby does not inadvertently give your details!

As for a specialist law firm, then have a search of these forums. Names have been bandied about on here in the past. Some good reports and some not so good.

forrest

I take your husband is self employed? If so then the CSA can not put a deduction from earnings order in place for the arrears to be collected. Check when these arrears acruded as they might not be collectable via the court. Also i would ask for an account breakdown. The arrears may remain suspended but may not be collectable.