CSA Surprise - Advice requested

capt_pug

Out of the blue, I received a letter from the CSA warning of legal action if I did not contact them with regards to an outstanding debt.

History

I have paid maint through the CSA by DD since 1993 and endured all the usual miscalculations and problems which have appeared on this forum.

However, things settled down and in Sept 1999 my ex and I decided on a private agreement and subsequently payments to the CSA ceased via DD and a DD was set up to pay maint via the private agreement.

I have never missed a payment and only stopped paying in OCT 2008 as this was my child's 19th.

I have received no communication from the CSA other than the last assessment which was issued around September 1999 that was until 3 weeks ago when I received the letter mentioned above stating that the case was closed but however I owed arrears for a suspended debt for a period in Feb 2002.

Obviously a very distressing letter to receive threatening legal action for a debt I never knew I had. I spoke with a CSA representative and he suggested that I make an offer i.e. half the amount and he would speak with my ex and if she agreed the CSA would write off the rest of debt.

I was to be called back with the decision but as yet no call.

As I had reassessment in 1999 which was actioned and paid and then moved to a private agreement I cannot understand why after 10 years I have ended up with this massive debt.

Any ideas or tips would be grateful.

marksoton

Did you receive a letter confirming the CSA case was closed ?

capt_pug

The intial letter FEB 09 was a warning of legal action stating that I missed payments and that I owed 5K.

The day after I received another letter stating that the account was closed and that they had been instructed to re-instate a previous suspended debt from Feb 2002 and that I owed the 5k.

Third letter 3 weeks later same as the first letter a warning of legal action.

I have just sent a letter asking for clarification of how the debt was calculated.

cozzie

Have they (or you) contacted you (them) regarding this arrears within this time (2002 - first letter, "FEB 09")? Or have you knowingly been paying anything towards any known arrears?

If not then I think (someone please correct me if I am wrong - hope not as we are in this situ) that they are trying it on and the 'debt' falls into the 6yr statute of limitations.

Until someone more knowing than I replies on here, DO NOT, accept that you are in anyway liable, nor, should you enter into ANY correspondence about this. Ask them to send you any details via post.

Know that doesn't answer question fully, but, am also curious to know more about this.

kelloggs36

If arrears are due to the PWC then she can agree not to have them and get case closed. I
Whilst no legal action can take place to recover the debt, it does not mean that they can't collect it - they can still get a DEO in place. Have you asked your ex if she has been in contact with them?

cozzie

Does that mean that if the CSA already have a DEO against your wage they can recoup whatever they allege you owe, even if you know that they are lying through their bottoms?

capt_pug

Cozzie - I have had no correspondence from the CSA since the private arrangement was set up in 1999, hence the shock of the debt.

Kelloggs36 - The CSA informed me during a telephone call that the ex had called to close the case and the CSA informed her that the debt was on account, the CSA indicated that she wants the money.

I am not in contact with my ex so I cannot verify this,the account was officially closed OCT 08.

I do feel I have been caught out here, I don't mind paying money owed if it is genuine, but if the debt is from some miscalculation well...

As yet I await confirmation of how the debt arose during a private agreement.

Loopy_Girl

cozzie wrote: »

If not then I think (someone please correct me if I am wrong - hope not as we are in this situ) that they are trying it on and the 'debt' falls into the 6yr statute of limitations.

Arrears after 2000 are exempt from the statue time limitations.

DONTQUOTEME

YOU NEED TO REQUEST AN ACCOUNT BREAKDOWN.

Also if you have a private arrangement from 99, then any arrears accrued from 99-02 would have been whilst you were paying her direct? Was it made clear that a arrangment was made back in 99 to the csa? If thats the case no accounts should have been charging from 99-02.

If she closed the case , then can you prove you made payments for child maintentance after the closure date? Say the case was closed in 02, then any payment made for CM after that date would be for arrears. can you prove you made payments direct?

Also any arrears accrued prior 12/07/00 are uncollectable by a liability/court order, but can be enforced by DEO.

cozzie

Off topic I know - Apologies.

My OH had a DEO enforced against him as the CSA 'accidentally' mislaid his paperwork (for three months) which we sent for reassesment purposes and to their 'system' this showed as non-compliance. The letter informing us of the DEO was dated and sent on his payday, fortunately he also received a bonus that month which swallowed up the DEO, (that month anyhoo).

We have since been told that this was a mistake on their part and a verbal apology has been made. Could we now have the DEO removed whilst we protest the alleged arrears?

Getting the feeling we have been well and truly stitched up by them.

gismo1

i have had a order for recovery of reward sent to me, from the courts via the csa, dont know what it means or what i should do