HELP CSA Arrears demand received today

jillski_2

Please can anyone give advice following an arrears demand my partner received today. It's for almost £12,000. He phoned CSA and they say that a debt recovery agent will be making contact within 7 days. He asked for details of how this debt had accrued and they said that they had been sent previously and because he hadn't notified them of his change of address they would not send again. They suddenly stopped taking payments about 2 years ago. When he said that he was unemployed and had been for the past year they said that the debt agency would be calling.
Please can anyone advise as to what to do?

karenx

Why did they stop taking payments? And did you not call them up and ask why?

Blob

Contact the complaints team and ask for a copy of the docs that they alledge that they sent out, also do it in writing and say that you intend to take the matter of them failing to send you the docs up with ICE.

Contact your MP as well and get them on the case. When they start about the 2 year rule ask for the reference in law, and tell them that if there is no reference then it is not law and to stop going on about it.

When you write in ask for a Dater Protection run on your case, they have to do this once you have asked for it and again remind them that they have 40 days to do it or this will also be added to the complaint to ICE.

Send the letter so that it has to be signed for at their end, this stops it from being 'lost'!

borders_dude

OP, please remember that despite the advice of Blob, ICE will not accept a complaint from you until you have followed the csa complaints process and it has been exhausted.

Blob

That is why I said to contact the complaints team!

borders_dude

Blob wrote: »

That is why I said to contact the complaints team!

I never said you didnt.?!

jillski_2

Thanks for your reply Blob! Partner is going to CAB on Monday for advice as well. Do you know what the CSA can enforce, i.e. how they calculate the repayments for the arrears? They have been calculated at the amount he was earning when he was working and he's been out of work for over a year now.

kelloggs36

Did your partner notify them of the change in circumstances? If not, then it is payable. The most they can enforce by way of recovering via a DEO is 40% of net income - which is a huge chunk. They will also want to secure the debt via a liability order so that they can (if necessary) take other enforcement action to recover the money. If they haven't got a liability order yet, that will take a few months - do you know if they have applied or been granted one? you need to find out. They are trying to force repayment within a period of 2 years maximum but preferably less than that time - 12k would mean payments of £500 per month which is (unless you are a high earner) going to be far too much. Your best bet is to go to your MP and get them to negotiate on your behalf - the CAB from my experience won't be able to do much as the CSA debt is classed as a priority debt so should come FIRST before other debts you may have.

Donedoingdebt

Unfortunately, OP, it is up to the NRP to notify the CSA of any change of address even if you have a nil assessment. So on that score, I think he's stumped with not receiving any correspondence from them as they could argue, probably with some justification, that this old address was a safe address as it was his last known address & they weren't notified otherwise.

As for why they suddenly stopped taking payments 2 years ago, who knows? He may want to contact them to discuss this, but it's my guess that they'll say he was notified of any changes at this old address.

blimey40

They will only take 40% from a DEO if you are working. If you are not employed than this gives you breathing space. Contact them and send them proof you have not been working over the last 2 years. The fact, they have threatened you with some kind of action means they bhave nothing. If they did, then you would have an automatic 40% deducted now.


The 2 year rule is not law, they are trying to push this.
Threats of Liability Orders, threats of baliffs, telling you have to pay is a way getting you tied down to an agreement. Simply tell them you are not working and provide proof. Once/If it goes to court they won;t have a leg to stand on.

jillski_2

Partners only income is a service pension. Can they take this?? If they do he will have no income.