HELP - What is an order for Recovery?

fznuk

Is an Order for recovery important?

It came in normal post.
I had a child in 1999 and the mother and i split in 2001. I also left my job on health grounds in 2002 and so was on the dole until 2005 when i went self employed but only with low earnings (£60 and under a week) so i get housing and council tax benefit. I have had the CSA try to get hold of me for years but never confirmed who i was as i was woried that once they get me in the system i will be screwed (just like a number of farthers i know!). the last letter i saw from them was partly open and i was horrified at what they thought i owed, and it was over £30K!!!

I wish i could just say i dont earn much, i dont own a house or decent car, or have many possesions to my name...and definetly no savings, all just so it can be settled and get a realistic figure and payment. I would prefer my ex to accept a direct payment by she wants the CSA to deal with it.

anyone with some help?

Thanks in advance.

speedster

they're coming after you basically.

burying your head in the sand doesn't get rid of them i'm afraid.

what figures are they quoting??

also, you need a breakdown of arrears. you will need to apply for your clerical files under the DPA.

fznuk

I didnt think they would give up i just dont agree they go about it all in the right way. I have a great relationship with my son and help when i can with buying him things. The ex has re-married and have 2 more kids. Im still single, living in rented accomodation on low income. Just the horror stories frighten me from contacting them or dealing with them, but i know they wont give up. I dont have many possesions so they cant take anything anyway even though i wouldnt deal with the bailiffs, and since they definitely have the wrong calculations of £30K i know it wouldnt get to court of bailiffs as the amount is wrong.

Am i right in thinking the ORDER for RECOVERY of AWARD from the court isnt a liability order?

Im not burying my head in the sand, I want to go about this the right way and not get left with a right balls-up from the CSA.

I would pay anything for my son but not to the government or to be used by all my Ex's familly. Would rather put it all in a trust fund for him.

Do they still have to get me to confirm who i am and where i live before they can proceed any further? Is this letter just another basic notice?

kelloggs36

You have a penalty assessment by the sounds of things - at the moment your reasoning for not complying is not doing you any favours. You are not in a position to make statements like 'I would pay anything for my son but not to the government or to be used by all my Ex's familly. Would rather put it all in a trust fund for him.' You have no rights to withold payment just because you don't believe in the system. What you DO have the right to however, is a correct assessment based on your true circumstances and if you haven't provided them with those details, you won't get it!!!!!

You need to contact them and check to see if this assessment is an Interim Maintenance Assessment. If it is, then it can be converted to a Full Maintenance Assessment which will be based on your true circumstances but you will have to provide evidence of what they require.

fznuk

I have avoided the CSA for a number of years now due to circumstances and being frightened of being in the loop of no escape due to tales from other farthers.

I now know i have to move on and sort all this once and for all without running south.

I recently got a letter from the courts demanding an outragious amount (£26,000) which i know is wrong but now going to contact them for a recalculation but i would like some pointers in how to proceed and if it has all gone too far to correct?

I had a child in 1999, I split with the mother in 2001 (when she must have contacted the CSA) but then left full time employment in 2002 where i was on the dole until 2004 when i went self employed earning 3-4 grand a year (low earnings) and still do and have done to this date.

Does anyone have an idea of what i will pay? Can i demand to deal only by letter and pay by Giro? what paperwork will i have to supply or can i direct them to my last place of work, the local job centre and the tax office for my employment past to confirm?

I was just about to contact the CSA direct via email with the story above to at least make so sort of contact and stop any further action.

Thanks to you all in advance.

Kind regards.

fznuk

Sorry for the rant, and thanks for the advice, i have calmed down and become rational and posted a fresh thread:

(I cant post links as yet!) - its the post asking - HELP: contacting the CSA for the first time

I DO want to get it settled and off my back and i know i have to get in touch and get it properly sorted and calculated.

I was just about to email them when i thought id just get a few tips and pointers with the above new thread.

Thanks again for your time.

Kimitatsu

Firstly what is the letter from the courts for? Is it a demand for unpaid maintenance which has been assessed by the CSA or is it maintenance under another arrangement?

You need to ask for a full explanation of the calculation, if the Parent With Care (PWC) made contact with the CSA and opened a case in 2001 then you are under the old rules which is under a very complicated formula and Kellogs36 is the best person to ask about that.

It is your responsibility to inform the CSA of any change in circumstance, so if you were unemployed then you should have informed them of that and you would have paid a flat rate assessment. However the CSA is not obliged to do a recalculation as you have not informed them of any changes in the last 8 years.

I would write to the CSA - if you have written proof then it makes the trail easier to follow if you need to appeal a decision. The CSA will probably ask for an attachment of earnings due to the high value of the arrears and they can take up to 40% of your income after your protected income has been taken into account.

I would certainly recommend contacting the CSA, otherwise the arrears will continue to accrue at the wrong rate.

Find out all of the information and then come back and see what help can be offered

Kimitatsu

Have merged your threads for you

As Kellogs has said regardless of whether you think it is right or not the CSA has huge powers and by not contacting them you will only have higher costs to pay.

blimey40

Firstlly, you need to be calm. This big debt has accrued because a IMA is in place (interim Maintenance Assessment) because they did not know your status at the time of being self employed. They set weekly targets very high normally over £100 per week and this is how this kind of figure has accrued. I suggest NACSA who are very good in helping with cases like this.

Its true this problem over your head will not go away, but it can be sorted. You need to provide details on what you were doing and how much you were getting paid. The problem can be if you never paid any NI contributions or Tax in that period, because this is the safest way to prove how much money you earned. The CSA will stick to the figure and will be pretty insistent you provide concrete proof.

Its also important to request your DATA Protection files from the CSA

fznuk

Thanks again for all your help and advice, i definitely feel calmer in contacting them and sorting it all out.

I have just emailed them to get the ball rolling so will see if they actually get back to me, if not, i will send them a letter.

The Court letter was for arrears and i expect a guess at my earning at that till until now.

I can prove when i left my last employment and even may have some paper work to confirm when i was signing on, there is no way on this earth i will pay the £26 grand even if they drag me kicking and screaming to court, but i will now comply. I left my last job due to medical reasons (signed off on depression) so if need be i could get medical records etc if that helps my case?

I have full accounting for my self employment which is under £80 per week if broken down over the year so i have never paid tax, NI contributions and always had full council tax/housing benefit, this im sure will help in showing i had and have nothing.

But, we will see how they respond, i suppose its silly to get wound up until they reply

I know its premature, but lets say they stick to their guns and push for 26K, since i have no assets (not even household items of any real value), no car, no house (rented) and no savings im sure they cant do anything but accept what i CAN afford? If in any way they demand more i will have to sign on again as i wont be able to keep my small business going, leave my home and move back in with parents 100 miles away.

I also thought that if it gets to court of law they will have to accept a reasonable offer of payment?!

Im prepared to fight them all the way, don’t care about my licence or passport...even freezing my accounts will just stop me paying bills?!

It all depends on what they can actually do if the person they are collecting from has nothing?!

And i say all this hypothetically, i just want to be armed with some info. i want to pay my way but also for it to be fair.

Thanks again all

kelloggs36

fznuk wrote: »

Thanks again for all your help and advice, i definitely feel calmer in contacting them and sorting it all out.

I have just emailed them to get the ball rolling so will see if they actually get back to me, if not, i will send them a letter.

The Court letter was for arrears and i expect a guess at my earning at that till until now.

I can prove when i left my last employment and even may have some paper work to confirm when i was signing on, there is no way on this earth i will pay the £26 grand even if they drag me kicking and screaming to court, if it is deemed that this is the amount correctly collectable, you will have the choice of pay or go to jail - I wouldn't make rash decisions just yet. but i will now comply. I left my last job due to medical reasons (signed off on depression) so if need be i could get medical records etc if that helps my case?

I have full accounting for my self employment which is under £80 per week if broken down over the year so i have never paid tax, NI contributions and always had full council tax/housing benefit, this im sure will help in showing i had and have nothing.

But, we will see how they respond, i suppose its silly to get wound up until they reply

I know its premature, but lets say they stick to their guns and push for 26K, since i have no assets (not even household items of any real value), no car, no house (rented) and no savings im sure they cant do anything but accept what i CAN afford? If in any way they demand more i will have to sign on again as i wont be able to keep my small business going, leave my home and move back in with parents 100 miles away.

I also thought that if it gets to court of law they will have to accept a reasonable offer of payment?!

Im prepared to fight them all the way, don’t care about my licence or passport...even freezing my accounts will just stop me paying bills?!

It all depends on what they can actually do if the person they are collecting from has nothing?!

And i say all this hypothetically, i just want to be armed with some info. i want to pay my way but also for it to be fair.

Thanks again all

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