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Private Agreements and legislation

After my tribunal hearing i would like some advice on the legislation surounding private agreements .

The judge at my tribunal hearing as confirmed that there had been a period of private agreement during the account . The csa presenting officer informed me that the CSA have the power to include arrears onto an account even though it shows an action of closed on the data base .

i have read on these forums that cases should be closed once private agreements are in place and that no arrears should acrue during these periods can somebody please point me in the direction of the legislation that supports this so that i can use it to appeal the judges decision over the arrears amount .

cheers
I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency

Comments

  • borders_dude
    borders_dude Posts: 1,974 Forumite
    Steve40 wrote: »
    After my tribunal hearing i would like some advice on the legislation surounding private agreements .

    The judge at my tribunal hearing as confirmed that there had been a period of private agreement during the account . The csa presenting officer informed me that the CSA have the power to include arrears onto an account even though it shows an action of closed on the data base .

    i have read on these forums that cases should be closed once private agreements are in place and that no arrears should acrue during these periods can somebody please point me in the direction of the legislation that supports this so that i can use it to appeal the judges decision over the arrears amount .

    cheers

    You can view acts of parliament online, might be worth taking a look.
    When dealing with the CSA its important to note that it is commonly accepted as unfit for purpose, and by default this also means the staff are unfit for purpose.
  • Steve40_2
    Steve40_2 Posts: 125 Forumite
    You can view acts of parliament online, might be worth taking a look.


    Hi Bd i have looked everywhere but cant find anything regarding private agreeent the only relevant information is in the human rights act 1998 where it states the meaning of the word privacy .
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Can you give more details? You had a CSA case open, yet you also had a private agreement? I'm confused.
  • Steve40_2
    Steve40_2 Posts: 125 Forumite
    hi Kelloggs i had to secure provision for 2 QC's with 2 pwcs there was an open csa case for the first PWC which had all action halted when we made a private agreement between the 3 of us so that 20% of my wage could be shared equally . the csa account was closed following the agreement but as i have just found out the case was not. if that makes sense
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Why was it not closed? If it was not closed, they can in theory ask for payments which cover that period - I take it that the PWC is not agreeing that you paid the money? If the case was not closed in error, then they should be able to backdate the closure.
  • Steve40_2
    Steve40_2 Posts: 125 Forumite
    The PWC did agree that the payments were made and the csa had sent me a letter informing me no further action would be taken due to us having a private agreement . The data sheets from the cscs show the account being closed and no action taken on it for 3 years until they phoned me up in 2006 and denied everything . the tribunal judge has agreed that a PA was in place and that the amounts i payed had been removed from the final figure but i still accrued arrears whilst paying for my children via private agreement surely they cant do this as private in law means none of anybody elses business
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
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