Advice sought on CSA arrears

Loopy_Girl

I agree wholeheartedly with you about access. PWC that withold contact are pond life in my opinion. It is well known that I firmly believe that children should have both parents in their life.

You are under CSA1 which was actually replaced by CSA2 although your case will still be assessed under CSA1.

Have you actually received a letter from them or are you just pre-empting that you may receive one?

You say you have your DPA files. Is there a record of your phone call to say that you were unemployed? Could you get proof from the Uni that you attended to prove when you started there?

I'm also confused how you had a court order for maintenance and also a CSA case? If there was a court order in place then the CSA should not have been asking for payments also.

Did you tell them you had a court order in place and you were making payments?

technoghost63

@ zara33: If you had highlighted those points in your initial posting then maybe I would have better understood your posting and the inference you were making. Thanks for the clarification.

(technoghost63 takes his 'chill pill')

Zara33

technoghost63 wrote: »

I also believe that the system should be all encompassing and protect the rights of the NRP in respect of access/visitation rights and that non-compliance by the PWC without 'reasonable' grounds should be met with equal severity.

Maintenance and contact should never be linked.

Loopy_Girl

There is a poster on here - blimey40 - who is going through something very similar to you. Maybe you could read his threads and posts and also PM him and he might be able to assist as he has been trying to get this sorted out for a while as well.

Zara33

technoghost63 wrote: »

@ zara33: If you had highlighted those points in your initial posting then maybe I would have better understood your posting and the inference you were making. Thanks for the clarification.

(technoghost63 takes his 'chill pill')

It was early when i typed my post, then i read your reply and was like !!!!!! :rotfl:

technoghost63

@ Loopy Girl

When my 1st wife, to whom I had three children, had her affair...walked out...and became pregnant...she sought divorce. She used any means to obtain that divorce. I allowed the divorce and the court set a court order for two of the three children. The CSA then made a separate assessment for my son and were allowed to disregard the court order provision for my daughters. my ex-wife went on to have three more children to her new partner. My maintenance payments subsidised them putting him through university. When it came to access, I was seeing my children weekly, then my wife used my son's medical condition to prevent me from seeing him and my daughters. I fought for two years to obtain access/visitation and as it was about to get to court they relocated to England, and the process had to start again. The constant intrusion by the CSA into the finances of my subsequent partners cost me those relationships, including the mother of my twin daughters.
I have records from the CSA under the DPA, they have not recorded my call, even if they had there would be no 'evidence' of content...that was my mistake!!! I have already supplied evidence to show that I was a student at that time...I still have an ever increasing student loan to pay off as well! I could obtain witnesses, attendance,examination and assessment records...it would be to no avail. I have already supplied details which they won't accept retrospectively. They even have in their searches evidence from my previous employer that I was longer employed by them and that I had relocated to Manchester to attend university. They have details from the DoE regarding my unempoyment from Aug to September 2000. They have a statement from the Inland Revenue detailing my earnings....nil! They have all the evidence but will not re-assess because they deny that I contacted them because they have no record and I cannot prove it. They declare that evidence obtained by themselves from third parties could not be used to make a re-assessment and that evidence supplied by myself cannot be applied retrospectively as the time period for appeals had passed.

blimey40

Firstly, they will give you the impression that debt is higher than what it is actually is. They will give you a breakdown which goes back to the start of when manintenace is due. I guess that is the hope that you get a little scared and pay up by credit card. In my case it was £42,000.

You go a little bit further down the line, then they go to the courts for a LO. They should at least give you 7 days notice of this. In my case, I genuinely did not know. I guess they did not go back before July 2000, as the figure dropped to £24,000.

I subsequently learn that it was a a Penalty Assessment as no MEF was filled out. Its obvious the MEF was sent to the wrong address and records from their end show a nil assessment from 2000?? I've asked for the Data protection details which was requested last week in February. Its now end of MAY. My daughter is 24. At this stage, nothing as been done with my driving licence and I'm not sure about my credit rating or whether I do actually have a CCJ (magistrates ruling for LO passed onto County Court again without me knowing). So much to sort out, as yet they have not responded with any letters and its gone all very quiet. Still no Data Protection details, yet I have responded with ALL the information they have equested.

After all this time you need legal advice, as you simply cannot run away. The fact, that the CSA are failing to respond and the general maladministration will stand we in good stead in the future. I'm certainly not going to prompt them.

As for the LO, as long as you can provide exact finances and proof of your working status, it can be amended. That part is done at the CSA end, when they have re-calculated. A word of warning, if you do not respond, you will get baliffs knocking on your door, which is the first step in the process.

Said before my conscience is clear, I provided for my daughter and tracked her down when I could, after a few years of not being able to trace her. I think the PWC played it clever, as she never let the CSA know I was paying directly (whilst she was on benefits), but I have all the records. yes, it will be construed as pocket money, but it proves I was never absent and contradicts their arguement, that child in lin e with legislation should be finacially looked after. She was!! The fact you hear nothing from 1997-2000 and then nothing from the CSA from 2000-2007, you never presume you are still on file. The fact is they are supposedly catching up now on the so called harder cases, which they never had the time to deal with before

CRANKY40

There are also different rules regarding arrears depending on which part of the UK that you currently live in. There are no restrictions regarding dates when taking arrears action in Scottish law.

niallmac

Real, Real, Real long story with CSA, ex wife told ME she had an affair, took the kids to the other end of the country without my knowledge, stole £8000 from the bank before she left, always been honest and paid regular maintenance to CSA for last 5 years. Ex told me one of the children isn't mine, do the CSA CARE? of course not, their response, you better get a solicitor, your name is on birth cert, AS I TRIED to explain, you don't need to be present to register a birth if you are married and it didn't exactly crop up in the delivery suite!! Going for DNA, very costly £700 quid to date, and now the leech wants a reassessment, jesus, payments gone from £41 to £91 p/w with arrears which they want me to clear at an extra £61 p/w because it has taken them so long to pull their fingers out. Do you think it costs her £91 p/w to support them, do you honestly think that over £180 are being spent on them per week?? NO ov course not, we have to also pay towards PWC bills and leachie lifestyle!! Am I meant to have a life, pay bills, ever live again and provide for another family?? Obviously not because your not meant to have a mortgage, pay bills, have a nice car, go on holidays or treat yourself ever again!! They are the rudest people I have ever spoke too, they don't give a damn, it makes you seriously want to give up work, live in council house and sponge off the government, that way you'd have more money. Do I mind paying, ov course not, I DO MIND being treated like an idiot and spoken to like a dirty drop out that doesn't provide for his kids when I am struggling and geniunely asking for some relief. Jesus the government even help you out when your house is on the verge of repossession, what help do you get from CSA?

ANYWAY really would like anyone to be able to answer this?? Do the CSA pass to the PWC 100% of contributions, I asked CSA and they assured me they do, asked for written confirmation, shock horror they can't provide it but its on website. Must be on the page marked invisible information that you can't see with the human eyes!! I heard it 30p out of every £1????

Zara33

niallmac wrote: »

ANYWAY really would like anyone to be able to answer this?? Do the CSA pass to the PWC 100% of contributions, I asked CSA and they assured me they do, asked for written confirmation, shock horror they can't provide it but its on website. Must be on the page marked invisible information that you can't see with the human eyes!! I heard it 30p out of every £1????

Dunno where you heard that from but guess what...it's not true.

If your ex gets benefits she will only be able to keep £20 per week the rest goes back to the state to pay for the benefits, if however she works guess what she gets it all.