CSA Advice needed please

carrie1000

Hi all ,
Sorry i just posted this on a wrong forum so sorry to have posted it twice,

Just wondering if anyone could help me with an issue with the CSA please, im confused and dont understand whats happening.
Long story but
In 2005 i went to the CSA as my ex husband kept bouncing cheques for child mainitance, we prevoiusly had a court arrangement and i had gone back to work, It arranged via our solicitors, they advised me to go to the CSA, my case was opened in Jan 06, i received a letter and payment schedule, my Ex had to pay £206.00 per week for our 3 children, i work and havent been on benefits , so the money was due to go in to my bank account, it did twice, then again he started bouncing cheques on the CSA, of course the CSA promised they would chase him, until 2006 April time, when i got a letter from the CSA saying my ex was disputing he was the childens father, the CSA orgainized the DNA tests which came back as he was the father of all 3, and they sent me a new payment schedule. for £206.00 per week and arrears of £45.09, he never paid any of it,
He owned 2 ltd companys which he was director but paid himself PAYE so he could claim he was earning what ever he wanted,
The CSA then wrote to me and said his earnings had dropped to £100 per week, and he had to start paying £6.70 in Maintinance, i raised a complaint with the CSA and asked compilance dept to look at the case, this was now may 07 , i still hadnt received any mainatinace ,
i got a phone call saying my ex had sold all of his businesses and assets and then declared himself bankrupt and my CSA case was then shut on may 1st 2008, However CSA debt is not included in bankruptcy so asked the CSA to reopen the case, but they told me the case was shut and the arrears would be collected by enforcement, by this time id had 7 caseworkers in different CSA depts.
I did what they told me, and opened a new a new case 13 weeks after closing the old case, however because the arrears havent been collected from the old case the new case cant be actioned.
Enforcement have had my case since oct 08 and finally got liability order for the arrears which are for a lot of money in july this year, the case is with the bailiffs now, for 12 weeks, then the CSA can take further action if he doesnt pay.
But like many people at the moment im struggling im self employed and have got to the point where i have a suspended poscession order on my home as im having trouble paying my rent, my children are now 13,11,10 and things are tough, theyve had no contact with their father since 2006, i wrote to my MP , who wrote to the CSA they have just rung me and said im intitled to compensation from them the CSA,
Now ive learnt never to beleive what the CSA say, they wouldnt tell me how i get this compensation, or how to claim it, infact ive never heard of it before, i just wondered if anyone had ever got or tryed to claim this , or even if bailiiff company has ever managed to extract money from a non paying parent,
I dont want to get my hopes up, but if its available i would like to try and get it
Thanks for taking the time to read my rather long winded post,

Debicj

Don't let them fob you off. The new case can be actioned with arrears outstanding from the old case. I have just done this and I know it's difficult to get the CSA to deal with it but they can do it. The computer system doesn;t like it but it is possible. Don't give up. I have a letter from the CSA stating that it is possible, but may be time consuming and prone to delays. However, my view was that if I wasn't being paid anything anyway, it didn't matter how long it took. I had nothing to lose.


Good luck.

CRANKY40

Debicj is right, it can be actioned as a new case with arrears from the old case.

Rikki

I thought if the original agreement was made through the courts you just went back to court. Maybe wrong.

marksoton

Rikki wrote: »

I thought if the original agreement was made through the courts you just went back to court. Maybe wrong.

If the court award is more than 13 months old either party can insist on the CSA taking it over.

Dancing_Shoes

I too thought that if you didn't pay under a court order you could take the other party to court as it was enforcable?

If not what was the point in the court order being legal??

Have you spoken to a solicitor about this?

carrie1000

Hi all and thank you for your replies,Dancing shoes, we did the court agreement for the Child support from the courts, with the divorce, along with a property adjustment,fiancial resolution, and contact order,for the kids, but he failed all of them and the hearings were ajourned 5 times in one year because he failed to return his statement E,completed, and i just couldnt afford my solicitors fees, im not intitled to legal aid after a certain amount because of my earnings, thats why they told me to go with the CSA as there was little point trying to get him back to court, it would have cost too much, even now i couldnt afford to see a solicitor

Blackpool_Saver

What a sad and sorry story, what a disgrace.

How can these absent parents sleep at night?

Dancing_Shoes

carrie1000 wrote: »

Hi all and thank you for your replies,Dancing shoes, we did the court agreement for the Child support from the courts, with the divorce, along with a property adjustment,fiancial resolution, and contact order,for the kids, but he failed all of them and the hearings were ajourned 5 times in one year because he failed to return his statement E,completed, and i just couldnt afford my solicitors fees, im not intitled to legal aid after a certain amount because of my earnings, thats why they told me to go with the CSA as there was little point trying to get him back to court, it would have cost too much, even now i couldnt afford to see a solicitor

Sorry to hear that. Have you spoken to nacsa? They are alot cheaper than a solicitor but may be really helpful in assisting you with your case?

I hope you manage to get it sorted what an a**eh**e!

shell_542

Dancing_Shoes wrote: »

Sorry to hear that. Have you spoken to nacsa? They are alot cheaper than a solicitor but may be really helpful in assisting you with your case?

I hope you manage to get it sorted what an a**eh**e!

I was going to suggest NACSA as well. Sorry you're having such a tough time with it all.