CSA - Should I be on the old or new system?

OnlyHope

The £820 is to catch up with arrears. It seems they are taking the max they can from me then! Thanks for the NACSA website tip.

OnlyHope

I have just found the quote below on the NACSA website...maybe there is hope to be moved to the new system.

'If your case was originally calculated on the old rules system, but you were then linked to an application made after 3rd March 03, your old rules case will also migrate to the new rules system, although a program of phasing will be applied to the payments. Phasing lasts for a maximum of 5 years'

CSA_Help

Only hope

Do they have a deductions of earnings order on you just now .If so legally they can only take 40% of your take home pay

OnlyHope

I presume they do have this order. It does seem rather extreem, they have never even asked if they could take a DD from my bank. The amount they are taking is 40% of my wages, before any housing, loans etc.

karenx

They dont include them when working it out, it just goes on 40% of your take home pay

CSA_Help

They will contacted your employer then and it now becomes difficult to get this removed .The only thing you can do now is get an account breakdown and your DP files to see what has been charged etc .I have just had £4k taking from my arrears because of a CSA mistake and more to follow .

They can't assume your income either when they are backdating your arrears

13Kent

It's unlikely you will be moved to new system, but I am surprised if the case has been open for 11 years you only have 10 months of arrears - arrears usually count from when the case is opened.

Loopy_Girl

OnlyHope wrote: »

I have just found the quote below on the NACSA website...maybe there is hope to be moved to the new system.

'If your case was originally calculated on the old rules system, but you were then linked to an application made after 3rd March 03, your old rules case will also migrate to the new rules system, although a program of phasing will be applied to the payments. Phasing lasts for a maximum of 5 years'

There is no hope I'm afraid - the above was the intention but as the system couldn't cope with new cases, it was decided that the CS1 cases would stay where they are.

The only way that the case can change to CS2, is on the instruction of the PWC or if she has another baby with another man and makes a claim via the CSA then your case would be migrated over.

CSA_Help

I have received a letter to inform me that they will be taking £820 a month (for 10 months to include back pay to May) £460 thereafter, directly from my wages as I have not been complying!! I am going to loose my house over these payments, but the CSA don’t care.

Onlyhope

Get on the phone to them now and negotiate the arrears as they should allow you 2 years at least to pay the arrears but they are now taking a tougher stance on arrears .If they have messed up calculating an assesment for you then there should be a bit of leeway .

Follow this up with a letter as well after confirming an offer

kelloggs36

If you are on CS1 then your mortgage payments are included, but will be restricted to half your net income unless you have children in your household. Do you have any children living with you (yours or your new partner's)? If you want, I can check your calculation as I used to calculate CS1 cases. PM me. The assessment is based on your net income alone - they don't add your partner's onto it, only when they decide if you can actually afford to pay it.
Their steer is to get all arrears collected within 2 years, so you should be able to negotiate a more realistic figure for the arrears.