Advice needed

thedaddy1971

Hi.
I have a problem with regards to CSA :j and especially a reversal of a decision they made against me. I will try and give a brief history.
The debt is for arrears 2003-2006 and none owed now.

I was paying regular maintenance via DEO up until 2003. I was then advised I had no more to pay (change of job) and my DEO was stopped accordingly. I was then contacted again in 2006 for figures etc and called them. They (CSA) again advised I had nothing to pay.

Last year, CSA contacted my employer out of the blue (they sent a DEO via fax to a general office number:mad::mad::mad: so everyone within the office found out) advising they start to deduct at 11X£256.45 and 1X£166.71 (=£2731.21).

Next letter said I owe £3244.11. No monthly amounts

Next letter said £256.45 a month (no amount of months or total owed advised. £3244.11 isnt divisible by £256.45!!!!)

Next letter said 9X£341.94 and 1X£166.65 Protected earnings £392.17.

After several phone calls explaining that they previously stopped DEO and advised in 2006 that my account is clear, I was advised (11.6.09) that no deductions are to be made and received a letter advising "An officer acting on behalf of the Secretary of State has decided that a DEO is no longer applicabe: no deductions to be made."

I thought that was the end of it, but oh no.

6 months later, they have again applied for a DEO (against an employer I havent worked for for 2 years!!) advising payments @ £341.95. No total or monthlys. Protected earnings £1011.95.

Next letter advising payments @ £449.40. No monthlys or total. Protected earnings £946.88


HELP.

They obviously dont know what they are doing and my case handler hasnt called me back after I advised I have no faith in any figure they quote and want a full review to include all earnings etc at the time. They advised the letter from Secretary of State is a mistake and I have only 6 months to repay a debt that isnt my fault.

My 3 main questions are:

Has the letter from Secretary of State any right to be just dismissed as an accident? Would it not need someone of similar standing to overturn.

I understand that they have no right to get the debt in 6 months but what is the legal timescale? Especially as it is down to their error. I sure as hell cant afford some of the figures they are banding around.

Do they hold any sort of liability as they have twice advised historicaly that I have nothing to pay?

Any help in me getting this sorted would be greatly appreciated.

Thanks

CSA_Debt_Bod

I think that "an officer acting on behalf of the secretary of state" means a CSA officer. They act on behalf of the SOS, and no-one from outside the CSA would have terminated the DEO. So it sounds like that letter was from the CSA not the SOS.

Have you asked the CSA what period your arrears are from? You say "The debt is for arrears 2003-2006 and none owed now" - I'm not sure what you mean. Is your case still open and charging every week?

Do you still have copies of the letters that advised you there was nothing to pay? It would be useful if you could post the wording here, so I could establish if you were assessed at a nil liability.

There is no legal requirement for the CSA to collect the debt within a set timescale but they are permitted to deduct 40% of your net earnings until the arrears are cleared. It sounds like they are taking the maximum they are allowed to from you, and they do this in the interest of the QC; however if you speak to them and explain exactly how their deducting such a high amount will cause you hardship, they may reduce this amount.

thedaddy1971

Hi.

the debt is for a period between 2003 and 2006. I am not sure of the exact dates.I dont currently pay anything monthly as my daughter is 17 so it is closed and has been since 2006. It is all arrears.

I dont have a copy of any letters received going back to then, they have been lost but I am not even sure I ever received confirmation in writing.

I am just confused and annoyed, especially the way they have gone about this and the different figures they keep quoting and the different protected earnings that they quote. If I have arrears then so be it, but I dont think it fair to be advised nothing to pay twice and then the process starting again some 3 years later.

Can you advise what does protected earnings actually cover?

Thanks again.

CSA_Debt_Bod

I am not completely sure how the protected earnings figure is calculated, but I know it takes in to account any children in your household and housing costs such as rent or mortgage. Your protected earnings figure will be based on your circumstances when your last assessment was done, when your case was still open. The protected earnings figure is not re-calculated or updated after a case is closed but stays the same, so if your circumstances have changed drastically since your last assessment (eg you have since had children who live with you or your rent has increased a lot) you would have to request in writing that these factors are taken into account when the CSA calculate the rate that your repay the debt.

Do you know if the debt is owed to the SOS or the PWC?

It's not a good sign that you have had so many conflicting figures in your correspondence from the CSA and understandably you have no confidence in the competence of the people dealing with your case . In the circumstances, I think it would be reasonable for you to ring them and ask to speak to a manager about this, and for them to provide in writing the full amount of your debt and your weekly protected earnings figure (which if you are paid monthly you can convert to a monthly figure by multiplying it by 52 and dividing by 12). If you will struggle to repay your arrears over the six months they want it within, be specific in explaining why, and request to pay it over two years instead. You can also cite the fact that you were advised you owed nothing, and you were unaware of the debt until now. All of these facts can be considered when the CSA make a decision to lower the rate that your repay your arrears.

thedaddy1971

Thank you for your help