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out of the blue arrears demand

my husband has just received a phone call from CSA demanding over £2000 arrears accrued in 1998. It was also suggested that he take out a loan to pay them. His son is now 19 and the case has been closed. He requested that they put this information in writing to him. I have several questions regarding this issue and would appreciate advise.Firstly should this issue not have been brought to his nocice in writing and not by a phone call?Should there not have been some sort of indication ie on statements before now that there were arrears? Statements have shown a nil owing and nil due as my husband has been on long term Incapacity benefitAre we able to request confirmation and evidence of when and how these arrears were accrued?As my husband is on I/C and as a couple we are on guaranteed Pension Credit would the CSA take repayment from this income?
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Comments

  • Not sure if Law has changed, but they cannot go back before July 2000.

    If your husband can prove he has been on benefits and still on benefits, he will only have to pay the minimum which is £5. Don't be bullied and they should not be advising to take out a loan, not the first time I've heard them doing this. Get the name of the person recommending this and report him/her.
  • chall1964
    chall1964 Posts: 229 Forumite
    edited 19 November 2009 at 12:57AM
    The agency at present can not gain a LO for any amounts owed before July 00. However an amount prior to this date can still be collected by other methods.

    Your OH should apply for their Data protection file, theres a template letter in the download section at www.afaierecsaforall.co.uk (as other sites are linked up to for template letters, I cant see an with issue for this!!)
    A fairer CSA for all
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    chall1964 wrote: »
    theres a template letter in the download section at www.afaierecsaforall.co.uk (as other sites are linked up to for template letters, I cant see an with issue for this!!)

    You've typed the link wrong ;)
  • shell_542
    shell_542 Posts: 1,333 Forumite
    They can pretty much ask for the arrears in any method of communication they see fit ... BUT you have every right to request it in writing, more information about the arrears (whether you get it or not is another thing) and a copy of the files under data protection. There is no way I would ever pay any money to someone on the phone who has rung out of the blue.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • Sonia_G
    Sonia_G Posts: 14 Forumite
    Part of the Furniture First Post Combo Breaker
    many thanks all of you for your replies. Could you let me have the correct link for the template so i can get the required file. After a sleepless night I feel a little bit more reassured so thank you
  • shell_542
    shell_542 Posts: 1,333 Forumite
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • thank you - just downloaded the form. Letter arrived today - what a frightening one!!! thank you for the advise to not be bullied as it certainly was a very threatening letter.
  • just a quick question following on from this we have received this morning a further letter from CSA stating that because we have refused to pay the arrears they are taking legal action. Firstly we haven't refused and secondly can it happen so quickly? We only heard about this Thursday!! Is the bailiff going to be knocking on the door Monday? Or is it bullying tactics? We have sent them a letter and requested data file but they won't receive that til Monday.
  • speedster
    speedster Posts: 1,300 Forumite
    Sonia_G wrote: »
    just a quick question following on from this we have received this morning a further letter from CSA stating that because we have refused to pay the arrears they are taking legal action. Firstly we haven't refused and secondly can it happen so quickly? We only heard about this Thursday!! Is the bailiff going to be knocking on the door Monday? Or is it bullying tactics? We have sent them a letter and requested data file but they won't receive that til Monday.

    they cannot pursue legal enforcement while you are awaiting your DP files, so you have 40 days leeway.

    well, 40 days legally, but probably more like 60 :rolleyes:
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • thank you so much for your reassurance
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