CSA arrears reinstated FROM 15 YEARS AGO

vic_tony

CSA arrears reinstated FROM 15 YEARS AGO
I have just received a letter out of the blue saying the csa decided not to collect a debt of £1,800 for a period of 6 months in 1994 (15 years ago) until a later time.
Now they have decided that I do have to pay this amount and I must pay immediately!

The above is basically all the letter said. I have not rang or contacted them as yet

I rang the citizens advice who told me to ask where they got their figures, my main question would be is this not a stature bared debt under the 1980 limitations act, I asked the cit advice but they said it was a priority debt and they could get a deduction of earnings. But said nothing to me about the statue of limitations act.

I cannot even remember what I was doing for 6 months of 15 years ago if I was working which I don’t think I was this amount would probably work out 75% of my pay.

They have never sent me any letters for this debt owed at any point till now even though they have sent me regular letters for the period I was not working (so they always new where I was).
My kids are now older the mother receives no child benefit for them, and I am back at work.

Please advice me of any for your helpful knowledge I am onto my second debt letter for warning of legal action.

kelloggs36

If you are PAYE then they will collect the arrears due. Whilst it is not enforceable via a court order, a DEO does not require a court order and therefore it remains payable.

You need to establish how the arrears figure was arrived at, so you need to get an account breakdown.

vic_tony

I have just wrote a letter asking for a breakdown about 5 mins ago, they have mentioned taking directly from wages but also legal action which i thought they could'nt, realy if the cannot take me to court, freeze bank accounts, take my driving licence or send me to prison then they shouldnt be writing it in their letters, it seems that they make up their own laws.

Well i am on my second letter of debt, do you think i am going to have time to get this letter of complaint for a breakdown before they take my wages, i don't know how quick they will move to take my wages , when there might be a real mistake. I don't want to talk to them on the phone as i know i won't be able to sort it that way

kelloggs36

Do you have any of the paperwork from 1994? This looks like deferred debt to me - which they are reinstating.

vic_tony

no paperwork, its soooo long ago, but back then i only ever earned around £100 per week they are wanting £75 out of that (i only have 2 kids). you would think they would have mentioned a deferred debt at some time in the past, but not a thing, i did wonder if i could fight this debt being so long ago, that is in fact if it is correct or if they got a big hat with lots of figures in it and pulled one out.

pd001

vic_tony wrote: »

I have just wrote a letter asking for a breakdown about 5 mins ago, they have mentioned taking directly from wages but also legal action which i thought they could'nt, realy if the cannot take me to court, freeze bank accounts, take my driving licence or send me to prison then they shouldnt be writing it in their letters, it seems that they make up their own laws.

Well i am on my second letter of debt, do you think i am going to have time to get this letter of complaint for a breakdown before they take my wages, i don't know how quick they will move to take my wages , when there might be a real mistake. I don't want to talk to them on the phone as i know i won't be able to sort it that way

With regard to taking payments direct from your wages, one question springs to mind.
Can you go self employed?

If you can, the debt is still owed (depending on the original circumstances of the debt) but they cannot impose a deduction of earnings order.
However they will try to use other methods to collect the debt, but going self employed will slow them down.

CMAC_2

pd001 wrote: »

With regard to taking payments direct from your wages, one question springs to mind.
Can you go self employed?

If you can, the debt is still owed (depending on the original circumstances of the debt) but they cannot impose a deduction of earnings order.
However they will try to use other methods to collect the debt, but going self employed will slow them down.

CMEC are introducing legislation that allows them to do a admin order and as such they can get round the statute of limitations they WILL send the bailiffs so why tell someone who comes on here how to " slow them down" if the debt is owed then it is owed its about paying it back at a reasonable rate,

cozzie

Would seem that the CSA are trying every game in the book to recoup debts. My OH has recently had a 12yr old debt reinstated as they suddenly realised that 'they made a mistake' 12yrs ago. Even with it being their mistake (if there is actually any arrears due) they will not increase the amount of time in which we have to pay it back, nor will they suspend it until we have gone through the complaints procedures.

Looking back over the past year of dealing with this agency I can say that they have presented themselves to be completely without scruples if there is even a hint of a chance at imposing some alleged arrears against the payee.

Forget the other side of the coin in which the PWC can literally admit to benefit fraud worth £15k without anyone at the CSA batting an eyelid, because let's face it, what are the chances of getting the monies back from someone that spends their life on benefits, watching Jeremy Kyle, as opposed to someone who is so stable in their employment that they have a 25yr career with the same company.

pd001

CMAC wrote: »

CMEC are introducing legislation that allows them to do a admin order and as such they can get round the statute of limitations they WILL send the bailiffs
I don't remember saying the they wouldn't send round the bailiffs.....here is what I actually said
'However they will try to use other methods to collect the debt'

so why tell someone who comes on here how to " slow them down"
Why not? I am just trying to buy the OP some time.
The OP does not have to take my advice nor do they have to take anyones advice on here.The OP has to make their own mind up as to which course of action is beneficial to themselves

if the debt is owed then it is owed its about paying it back at a reasonable rate
If the debt is owed then I agree with you here

Cozworth806

pd001 wrote: »

CMAC wrote: »

CMEC are introducing legislation that allows them to do a admin order and as such they can get round the statute of limitations they WILL send the bailiffs
I don't remember saying the they wouldn't send round the bailiffs.....here is what I actually said
'However they will try to use other methods to collect the debt'

so why tell someone who comes on here how to " slow them down"
Why not? As you are no doubt aware, the csa no longer have to go to court to get a deo. I am just trying to buy the OP some time.
The OP does not have to take my advice nor do they have to take anyones advice on here.The OP has to make their own mind up as to which course of action is beneficial to themselves

if the debt is owed then it is owed its about paying it back at a reasonable rate
If the debt is owed then I agree with you here

There is still a statute of limitation on admin orders, July 2000 in CSA cases unless you can point to anything that suggests otherwise. A AO is just the same as other organisations use, but they can only go back so far. There will also be the right to appeal AO's if they are made, but only on specific grounds.

The CSA have never (well for more than 10 years at least) needed a court order to do a DEO on a PAYE NRP.

It is unlikely that they will be very sympathetic but if you are self employed then you could set up a standing order to pay back what you think you can afford, but this may not stop action. However by not dealing with bailiffs the debt will simply be returned to the CSA in most cases for further action.

As for the arrears, you will also need an explanation of the calculation amount that caused the arrears. It is likely you had a period of liability followed by a long period of a nil rate. It is quite possible that the first rate is incorrect so you need to look at those figures

pd001

Cozworth806 wrote: »

pd001 wrote: »

There is still a statute of limitation on admin orders, July 2000 in CSA cases unless you can point to anything that suggests otherwise. A AO is just the same as other organisations use, but they can only go back so far. There will also be the right to appeal AO's if they are made, but only on specific grounds.

The CSA have never (well for more than 10 years at least) needed a court order to do a DEO on a PAYE NRP.

It is unlikely that they will be very sympathetic but if you are self employed then you could set up a standing order to pay back what you think you can afford, but this may not stop action. However by not dealing with bailiffs the debt will simply be returned to the CSA in most cases for further action.

As for the arrears, you will also need an explanation of the calculation amount that caused the arrears. It is likely you had a period of liability followed by a long period of a nil rate. It is quite possible that the first rate is incorrect so you need to look at those figures

Agreed my error..I have removed that from my original post.