CSA Advice

missmontana

DPA is the data protection thing, you can ask for a copy of all the information they have on you.

National Debt Helpline think that other debts are more important than paying for your child?? That's got to be wrong.

markeymark

hbslc, i was in no way judging u m8

how did u pay the voluntary agreement? ie standing order

CSA debt i think takes higher priority, similar to council tax so i dont think that advice was the best, but dont quote me m8

account breakdown will tell maintenance u r liable for per week and u will see from what period the arrears accrued

also get your data protection files and go through them with a fine toothcomb as CSA arent the most reliable of organisations

have u had previous letters from CSA asking for wage details etc?

any other questions just ask away

hbslc

Another quick question. I realise CSA can take 40% of net earnings. But is my statement of needs taken into account, or is it a straight 40%? Reason I ask is that I'm already on many debt repayment plans based on available disposable income. If they take 40% then i'm screwed? Other than not paying other debts, the other things not to be paid would be mortgages and contact legal fees?

markeymark

they might go straight for the jugular m8, they are only interested in there own debt, but are u still liable to be paying maintenance the now? if u r then more arrears will be accruing

kelloggs36

hbslc wrote: »

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 As you own the property, you will not be given any reduction towards the repayments you have made
b. Voluntary payments made by me if these payments were made during a period where you should have been paying via the CSA then you may have a fight on your hands as you should have paid them and not her direct
c. Purchases made by for my daughter – school uniforms etc. if you already had a CSA assessment then these purchases will be classed as voluntary extras - your priority was to pay the CSA not make these purchases
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. you won't get anything for past trips but you may get a reduction for future visits if you can prove the costs - complete a variation application form.
e. Regular Overnight stays (104+ nights a year until Oct 2009) you can EITHER get a reduction for overnight stays OR visit costs - you won't get both. Work out which will benefit you more and claim for that. Bear in mind that visits will incur a £15 per week disregard
f. Periods of unemployment Did you notify them of this at the time? If not, then they cannot apply this retrospectively.
Would be great to hear what other members think of this letter?

...........................................

hbslc

Yes still liable for maintenance, so arrears still climbing. I can't afford 40% what with all the other related expenses.

I'll respond with a cheque for 10% of the arrears, including the DPA Account breakdown words in the NACSA template letter.


Taking each of my points in turn:
a) Fine, just part of the mess. 5+ years I’ve been involved in getting regular contact, parental rights, and this house sold. It’s been on the market 2 years, and the Ex is doing her best to ensure it doesn’t sell. For example, it had no heating for 6 months!

Was seriously considering walking away even before I received this CSA letter. Made a decision back in Feb 2010 to give it another 6 months and a final push to get settlement. The mess is getting messier, with no signs of clearing, it’s all just delay tactics being played. I was supposed to see my daughter today, but I made arrangements in an incorrect manner. In the words of my current partner “I didn’t text, then email, then text, then stand on my head & juggle”.

b) I had an assessment in 2005, but it was kind of dropped by my Ex and I as we had the private voluntary agreement. I can prove I made payments, so will attempt the fight.

c) Fine, I want to buy my daughter things anyway. Just annoying that my Ex knows this & therefore I get asked to provide things like “big powerful laptops”.

d) Travel costs were raised and agreed in 2005.

e) Thanks will work this out. I don’t have overnight contact anymore so travel costs probably the way forward.

f) No. I didn’t know I had too. Ignorantly I assumed CSA case closed, given the private voluntary arrangement.

Sorry if I’m being emotive, just frustrated.

hbslc

markeymark wrote: »

hbslc, i was in no way judging u m8

how did u pay the voluntary agreement? ie standing order

Mainly through internet banking, with the rare cash over the counter transaction for which I've got the paying in slip.

CSA debt i think takes higher priority, similar to council tax so i dont think that advice was the best, but dont quote me m8

Similarly don't quote me, it may be a priority debt but it's definitely a lower priority to council tax. There's a section on the National Debt Helpline website and in their guidance pack - i'll dig out a link.

account breakdown will tell maintenance u r liable for per week and u will see from what period the arrears accrued

also get your data protection files and go through them with a fine toothcomb as CSA arent the most reliable of organisations

I don't want to appear to the CSA as being obstructive. I assume I can ask for an account breakdown at the same time as data protection files? Or should I wait until things have settled before getting data protection files?

have u had previous letters from CSA asking for wage details etc?

No, none since say 2005.

any other questions just ask away

Thanks MarkeyMark - See above

AnxiousMum

In your first post, you say you heard nothing from the CSA until about a month ago when they made a phone call to you asking about past earnings being the same as in 2004. You mentioned that you had said you couldn't confirm that as they called you on your mobile, you weren't home where the paperwork was. You should've given them a call when you got home with the information they were requesting, and as you didn't, they have then made an assessment based on the information that they have, and hence the arrears.

I would like to have thought that they would've made another attempt to get in touch with you prior to the arrears notice - this would've allowed you to let them know exactly what your earnings were in those years, and a fairer assessment on arrears being made - but it looks like because you didn't respond to their request, they have gone ahead and done their thing.

There's been lots of good advice given above, I hope you can work something out with them that is of benefit to both you and your daughter.

Kimitatsu

Similarly don't quote me, it may be a priority debt but it's definitely a lower priority to council tax. There's a section on the National Debt Helpline website and in their guidance pack - i'll dig out a link

Sorry to be the bearer of bad news but this is wrong, CSA payments are a high priority debt as the CSA has huge sweeping powers, and could put a liability order on your property so forcing the sale if the arrears continue. Council tax payments can be paid over a much longer period of time and in my experience are usually far more leniant in the amounts they will accept. As a guide as to how important they are seen to be, CSA arrears are excluded from bankruptcy proceedings in their entirety whereas items such as mortgage arrears and council tax arrears can be taken into account under these orders.

As has been said the CSA can take up to 40% of your salary every month without recourse to you, the current steer is to clear the arrears within 24 months, in some cases they will allow you to pay over a longer period of time if you can prove that you will suffer severe financial hardship (this will not take into account any non priority debts that you may have) and as you own 50% of the property the CSA will look on that as an asset which can be used to clear the arrears.

I would write to the CSA asking for an account breakdown, and for DPA files (one will not affect the other) and put in an interim arrangement for the payments whilst you are looking at everything else. If you dont then they can put a DEO on your salary so you will have no option to pay as it will be deducted at source by your employer. Send them details of all of the payments (clearly marked child maintenance) so that they can see that it has been paid - they will ask your ex for her view on this though. Any extra contributions are not counted, those are yours to give but will not count towards your maintenance liability.

markeymark

hello again m8,

u mentioned that when they contacted u on your mobile they asked if your wages where the same as your 2004 ones, did you supply them correct details after this? also you defo need to say you had been paying directly thru a private agreement and provide all details as this is prob when arrears have been accruing from

defo get your DPA file and an account breakdown

if u want u can drop me a PM if u need further help, but dont hide yer head in the sand m8, it wont go away it will only get worse