Please Help

clarke01

My husband has just received a letter from the CSA demanding an arrears amount be paid in full or paid within the next 2 years because we are on their old system! we have been paying by direct debit for years for the current bill and the arrears, the arrears were caused by the CSA originally as it took them so long to assess us that when they did we got a huge arrears bill which they did reduce slightly as they realised that they were to blame.
Now the payment we have being will have to increase by 1000% or they say they will send in the baliffs.

My question is, can they just change the amount agreed, that we have been paying and never missed, and threaten us, when up till now we have heard nothing from them.

Please help someone!!!!!

blimey40

I'm going through this. In hindsight, I have should done this earlier, as in the first series of letters they tend to include pre 2000. My advice would be to send a recorded delivery letter to them and ask for a break down in writing. 9 times of 10 its wrong.

Yes, they want it paid within 2 years, but its a government guideline and not law. I'd suggest if you are in this predicament, pay something as no way can they prosecute. ( they may try, but the courts will see you trying and even though the CSA might appeal)

Once you don;t reply, they will have to seek a liability order, then somehow they will remember to re-calculate and provide a lesser total before the courts. This is the point where is gets tricky, as the courts will get 8% extra a year on any arrears and are hell bent on agreeing with the CSA . Actually the governement provide no alternative for the courts and it will be granted.

30 days later you will receive a letter from the court confirming the liability order.

7 days after this you will get a letter from the baliff giving you 5 days to pay. One will be hand delivered the other posted. Within another 5 days they will visit, don't open the door to them. They may come back again one more time or they may send back to the CSA with basically "not at this address".

ITS important to get things sorted with the CSA as early as possible. In other words, they have you by the proverbials. More legislation coming this year will give them greater powers. Its one of biggest disgraces in this country.

By the way, YES the NRP#s you deliberately swerve paying deserve it, but the system focuses on the negative and presumes all fathers are the same.

Sensemaya

I would phone the CSA up and ask to speak with a complaints resolution officer. ( You can look on the Saynoto0870 website for geographical CSA nos).

Get their name and direct contact number. Tell the CRO that if this is not sorted out you will be contacting your MP.

Ask for a standing order form to be sent out to you for the existing amount as you will be cancelling the direct debit forthwith.

Like Blimey40 says there is no legislation stating that arrears should be paid off within 2 years and demand a complete account breakdown.

pd001

Sensemaya wrote: »

Like Blimey40 says there is no legislation stating that arrears should be paid off within 2 years and demand a complete account breakdown.

Agreed. One more thing, I think that arrears are negotiable.

To the OP, clarke01
Please post some of the exact wording that is on your husbands letter. The bit that mentions the two year cut off for repayment of arrears.
Nothing too personal though!

leighliz

I'm also on the old system, csa1 and my ex owes almost 20,000. He is currently paying 125.00 per month, which will take him years to pay off, so wouldn't worry too much about the 2 year deadline, they cannot enforce it, believe me i've tried to make them and it just doesn't work. Hope that helps

blimey40

Did the courts agree the repayment of £125.00?

or was it the CSA?

how long ago was he told to do this, as I have a feeling recently they are trying to demand 2 years?

O

marksoton

They are,but only off NRP's who do not require an actual effort to get the money off and bully. The evasive NRP's are just too much like hard work for them ! :rolleyes:

kelloggs36

It depends on how much the arrears are and how long it will take to pay off. They are trying to get away from ageements which meant that the PWC/Secretary of State would be repaid over a period of over 10 years, which is 'unreasonable'. That is the point of it.

clarke01

It didnt mention the 2 year thing in the letter, they said it over the phone when my husband rang them. The letter says we are to pay in full and they give 3 options if we don't. Stop the money out of his wages, baliffs or court.

Sensemaya

clarke01 wrote: »

It didnt mention the 2 year thing in the letter, they said it over the phone when my husband rang them. The letter says we are to pay in full and they give 3 options if we don't. Stop the money out of his wages, baliffs or court.

Phone up the CRO - see my post above. Arrange a reasonable payment schedule with the CRO and tell them you want the agreement sent in a letter - as evidence. If they start to bully you tell them you are in contact with your MP and the MP will expect an explanation of why they are threatening you with the options as you wish to come to an amicable agreement.

I wouldn't worry about the threats of baliffs and court, but be wary of a DEO.

pd001

clarke01 wrote: »

It didnt mention the 2 year thing in the letter, they said it over the phone when my husband rang them. The letter says we are to pay in full and they give 3 options if we don't. Stop the money out of his wages, baliffs or court.

With regard to bailiffs then the only sensible advice is to never let them into your home, and most importantly...hide your car.
Some bailiff companys are more amicable than others and are quite flexible with regard to payments. However it has to be said that many are not flexible at all.

If the bailiffs fail to extract any money from you then they will eventually pass the case back to the csa, who will probably then take court action.

A judge will then decide what monthly payment you should make and remember this...
a judge will take into account all sorts of stuff that the csa don't, including the amount that you are already paying the csa, your monthly salary and other outgoings.
He/she may reduce that amount that you are paying but he/she can also increase it if he/she feels that you are not paying enough. The csa have to abide by the judges decision and so do you.

HTH