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Can EX-wife ask the CSA to back off if we make our own arrangements?

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Comments

  • blimey40
    blimey40 Posts: 573 Forumite
    Very dangerous ground, does not sound right to me. They don't archive debt, they simply suspend it. Be careful that the desperate nature to get money from you from the PWC is not simply a ploy. I cannot see how the CSA will write off the debt and allow you to pay a percentage to your ex. Would definitely seek legal advice.
  • CMAC_2
    CMAC_2 Posts: 187 Forumite
    welshberk wrote: »
    Many thanks to all of your advice. I have had a tribunal in the past and the independant account did all his calculations wrong and assessed me that i was earning three times more money than what i actually was. When i received the statement from this qualified accountant, it was in gobbly gook. I requested a translation and about three months later received it. My accountant was also amazed by his mistakes. My accountant was also taken ill and stuck in Isreal unableto travel so this on top just made my appeal worse. By the time i made an appeal, it was too late and the calculation stood no matter what i did or said, so i have ignored the CSA and just let this run.

    Below is new legislation that might help

    Supersession of tribunal decision made in error due to misrepresentation etc.

    11. Where—
    (a) a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and
    (b) the Commission is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
    the superseding decision takes effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.



    Statutory Instruments
    2009 No. 396

    Family Law
    Child Support
    The Child Support (Miscellaneous Amendments) Regulations 2009

    Made
    25th February 2009

    11. Where—

    (a) a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and

    (b) the Commission is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
    the superseding decision takes effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.
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