can csa re-open a case that was closed years ago?

brad_plantpot

Hi all i am a first time poster and am in need of some advice.

I have been paying maintenance for my son by a private arrangement of 50.00 per week since he was 2 years old. befor that i paid the csa although i cant remember the amount. he was born in 1998. two months ago my ex decided to contact the CSA to try and get more money and they duely asked for my income details etc which i supplied. I earn about 24000 per year and according to their calculator i should be paying 47. per week but i have a demand for 76.41 instead. I asked them why the figures did not match and was told my case was based on the old system not the current one which the website calculator uses. I was told a few years ago by my ex that the original case had been closed due to us agreeing to a private arrangement so why did they not use the new system to calculate my payments. can anyone tell me how they work out payments using the old system as i think 76 is a big jump from 50 but they aren't very forthcoming with any details on how they came up with this figure. Any help is much appreciated

blimey40

Not 100% sure, but do know cases before 2003 are CSA1. Its obvious that the CSA will go for the higher amount, though I do believe you can go on CSA2, thats where someone else might be able to clarify.

Kimitatsu

You need to ask for your Data protection files to see if it HAS been closed or if it was just suspended due to having a private arrangement.

From personal experience I had a case that was closed under CS1 (not by me!) and I had to reclaim under CS2 so I would be interested to see what your outcome is. When I chased the CSA I was told that because my previous case had been closed then I could not reopen it.

marksoton

brad_plantpot wrote: »

Hi all i am a first time poster and am in need of some advice.

I have been paying maintenance for my son by a private arrangement of 50.00 per week since he was 2 years old. befor that i paid the csa although i cant remember the amount. he was born in 1998. two months ago my ex decided to contact the CSA to try and get more money and they duely asked for my income details etc which i supplied. I earn about 24000 per year and according to their calculator i should be paying 47. per week but i have a demand for 76.41 instead. I asked them why the figures did not match and was told my case was based on the old system not the current one which the website calculator uses. I was told a few years ago by my ex that the original case had been closed due to us agreeing to a private arrangement so why did they not use the new system to calculate my payments. can anyone tell me how they work out payments using the old system as i think 76 is a big jump from 50 but they aren't very forthcoming with any details on how they came up with this figure. Any help is much appreciated

As Kim says you need to find out if the case was ever really closed.

But also, if you were assessed this time under CSA1 how did they manage to do the calculation without you providing any of your housing costs etc !! :rolleyes:

kaya

the csa are a law unto themselves, they can do pretty much whatever they see fit to do, when they take you to a magistrates court to get a liability order granted against you the judges are not allowed to ask them how they calculated the arrears or even be satisfied that the arrears are correct, its legalised robbery(whatever happened to innocent until proven guilty and your human right to a jury of your peers?), they took me to court and gained a £20,000 liability order against me-i have never even filled in an assesment form-no other organisation is allowed to do this to my knowledge, in short the governbent is skint and the csa is just another revenue collection device to help make up for some of there financial mistakes

kelloggs36

PM me and I will breakdown the assessment for you - I used to do CS1 calculations.

You certainly need to check that the case was closed - was the previous assessment switched to direct pay? You will also need to ensure that there are no arrears on the account, in case they have been clocking up over the years. Don't want to panic you but it has happened. Probably they suspended the case rather than closed it. If they should have closed it; it depends on what the request was - you should be able to get them to do that, and then reapply under the new rules.

CSA_Help

kaya wrote: »

the csa are a law unto themselves, they can do pretty much whatever they see fit to do, when they take you to a magistrates court to get a liability order granted against you the judges are not allowed to ask them how they calculated the arrears or even be satisfied that the arrears are correct, its legalised robbery(whatever happened to innocent until proven guilty and your human right to a jury of your peers?), they took me to court and gained a £20,000 liability order against me-i have never even filled in an assesment form-no other organisation is allowed to do this to my knowledge, in short the governbent is skint and the csa is just another revenue collection device to help make up for some of there financial mistakes

Same happened to me and now have proof that the order they got was for the wrong amount.Going to see if i can go back to court and get it overturned .

brad_plantpot

Thanks for all the comments. i will PM you the details tommorrow kelloggs36

Blob

Prob the answer is yes they can as they have done this to a number of people on here. When they do it is in all prob their fault that it was messed up in the first place. They will pay you compensation for their mistake and then make you homeless all the same. Any lodgic there, not that I can see!

Good luck.