CSA Advice

hbslc

Please help! Received a letter from CSA today, claiming I owe £8k+ without any explanation of how they've calculated this amount and if I don't pay I'll face legal action.

To my knowledge this is for unpaid maintenance since Oct 2004. However, I had a voluntary arrangement with my ex of £470 a month which I paid until approx. Sept 2007 when I had to stop for debt reasons. I can prove this. I have also always paid the mortgage on the house that I still own 50% of, my ex owns the other 50%, and still lives in it.

I heard nothing from CSA until about a month ago, when they called my mobile to ask if my 2005 & 2006 earnings were the same as my 2004 earnings. I said I didn't know without referring to papers I had at home, and asked them to write to me - they haven't until this letter.

Any advice on next steps would be appreciated. Thanks

13Kent

You need to post this on the benefits and tax credits forum - sub forum child maintenance - unfortunately any voluntary agreement is your word against hers and from our experience the CSA side with the PWC (we had £12,000 arrears for payments my OH had already made that she denied getting)

Lots of good advice on the other board though.

g1ryt

Hi
They're a law onto themselves. Get together all what you have paid you ex including mortgage payments saying that you don't live there. The trouble is its your property so that it in your interest to pay 50%. Calculate what you paid in maintenance since when they are claiming for, they should then deduct this. You are sorry to say still eligible to pay from sept 2007 as there is no exceptions unless your not working and then you have to tell them. I had 6 months unemployed and didn't tell them and they now want the money. Even if you are bankrupt you still have to pay it. A colleague of mine had problems and went freelance, he said they can't touch him now, not sure why not though. My only advice is to go back through all bank statements and make a note of all payments inc mortgage then deduct that and remember you can make them an offer, they will accept part payment as its better than nothing. They actually think they do a good job!!!

kelloggs36

As you have a legal interest in the property, you won't get any reduction because of this. You say you haven't paid since 2007 - my guess is that she has gone to them to ask them to collect the money owed; if you divide up the arrears from the date in 2007 to date, you can work out the weekly amount. For there to be arrears, there must have been a case open since 2007.

missmontana

so £8000 over 2 and a half years is about 60 quid a week, sounds quite feasible doesn't it?

hbslc

Thanks will post on the right forum

missmontana

you're on the right forum now.

hbslc

Firstly I don’t dispute that I owe maintenance to CSA nor that I should pay maintenance. However, I don’t appreciate the way the CSA behaves, that the first letter from them since 2005 is a letter threatening court action if I don’t pay arrears now.
So, I intend on responding in writing along the following lines:
1) Here’s a cheque for 10% of the arrears to show that I have every intention on clearing the arrears
2) Please tell me how the arrears amount has been calculated
3) I’d like the following to be taken into account:
a. 50% of Mortgage payments made by me, as ex liable for 50% AND 50% of mortgage arrears fees and other joint debts paid settled by me
b. Voluntary payments made by me
c. Purchases made by for my daughter – school uniforms etc.
d. Costs incurred by me travelling to see my daughter (150 mile round trip from home). Arguably 700 mile roundtrip in 2008, when I worked and lived away from home – this can be proved by a tenancy agreement.
e. Regular Overnight stays (104+ nights a year until Oct 2009)
f. Periods of unemployment
Would be great to hear what other members think of this letter?

markeymark

to be honest i dont think you will get very far with the letter as you never contacted CSA to advise change of circumstance regarding period of unemployment

as kellogs said u wont get a reduction regarding the property

also they wont take into account distance of travelling as you should have mentioned to them earlier and also money towards school uniforms etc means nowt to them

because you have arrears they can take 40% of your net earnings, so be prepared for that

you also need to get a full account breakdown and find out where arrears are from, if u say its for a period where u had a private agreement, u will need to prove this

surely u must have realised these debts would just keep escalating? but you hve your own reasons for that im sure

sorry i cant be anymore positive for you, but good luck in dealing with them and get a full account breakdown ASAP

missmontana

I don't think they'll take into account voluntary payments and school uniform etc bought.

They should take into account the travel factor and reduce payments for nights spent with you.

Periods of unemployment - its up to you to inform them of a change of circumstances so they can adjust your amount at the time. I think you'll have to provide proof of all this.

Some of the fella's on here will have more insight with regards to this!

hbslc

Thanks markeymark - main reasons for avoiding this was a) the voluntary private agreement, which I can prove and b) National debt helpline advised me that I had other higher priority debts.

By account breakdown I assume you mean a DPA request?