Csa arrears

mwhite1962

I recently contacted the csa regarding changing my job and that they need to contact my new employer for payment details, 1 month later they rang me( 1 hour ago ) they said they havent contacted my employer yet but could i make a payment via my debit card for the month that had been missed, i did say i cannot as money is tight, he wasnt to happy, but the best bit is.... apparently they did an assessment in 2008 and concluded i was paying enough, so therefore i owe them or my ex £1700, bearing in mind they do a deduction of earnings, and this assessment that had been made, i knew nothing about? so now i am about to be penalised for their incompetance, i did sayi cannot afford any extra being taken off me, hence telling them a month ago i was changing jobs so any pay back would be minimal.
Anyone know if i can do anything about this?

bdt1

If I were you I wold request your Data Protection File, it will cost you £10 NACSA have a template on their website, put this in writing and send recorded delivery, keep a copy and print off signature/barcode as proof they received it.

Also put in writing a request for the 2008 re-assessment calculation and an account breakdown to include an arrears figure - again recorded delievery etc etc.

CSA are well known for not communicating with parties when they have decided to perform re-assessment, they may not even have correct details with regard to your income etc, ask for the proof and how they have come up with their figures!

Welcome to the world of CSA 'alleged mystery arrears' for those of us who are compliant any pay regularly

kaya

lol, i have a £20,000 mystery set of arrears, me owing them money is not in dispute, but the amount is, however they managed to get a court liability order issued against my name for that amount about a year ago, despite it being unproven, i opted for the freedom of info and asked for my records, i got hundreds of photocopied a4 sheets of paper through the door, thanks to labours incompetance there is no longer the "innocent until proven guilty" element in law in the uk, the magistrates are forbidden from asking for proof of the arrears either

gratefulforhelp_2

Well done for updating them on your new job details, good on you.

bdt1

Kaya

You are not alone, we also attended Magistrate Court for a LO just over £32,000, the Magistrate was in tears (as we were) and said she had never felt so powerless in her own Court - the CSA Officer couldn't tell her where the arrears came from just that, she knew they were correct - yeah right!!! So, the LO was granted , then a CCJ , and then a charge on our house, we have just won a Tribunal hearing regarding the 'incorrect' assessment leading to the imaginary arrears, so the Judge is awaiting correction of the incorrect assessments (as we are), think even the Judge was amazed by the CSA incompetence. Didn't help that CSA also revealed the PWC residential address, place of work, work fax and phone number, despite signing a confidentiality form, and of course CSA 'lost' over 100 pages of bank statements they had obtained (I'm S/E) and these statements proved my innocence (ICO confirm they breachd 6th & 7th Element of DP Act).

So all in all a total waste of tax payers money, due to this totally incompetent Government Organisation - not to say the stress and near marriage breakdown it caused me - they are amazing, and yes you are right no innocence until proven guilty with CSA - in fact homelessuntil proven guilty is more the case - scary they get charge on house before proof the debt is actually owed!!!!!!!!!

PlayingHardball

mwhite1962 wrote: »

I recently contacted the csa regarding changing my job and that they need to contact my new employer for payment details, 1 month later they rang me( 1 hour ago ) they said they havent contacted my employer yet but could i make a payment via my debit card for the month that had been missed, i did say i cannot as money is tight, he wasnt to happy, but the best bit is.... apparently they did an assessment in 2008 and concluded i was paying enough, so therefore i owe them or my ex £1700, bearing in mind they do a deduction of earnings, and this assessment that had been made, i knew nothing about? so now i am about to be penalised for their incompetance, i did sayi cannot afford any extra being taken off me, hence telling them a month ago i was changing jobs so any pay back would be minimal.
Anyone know if i can do anything about this?

Yes, you can appeal. Ask them for the arrears break down in writing.

Once you get this, you can appeal it and will have 28 days to do so. If the appeal is successful, you'll go to a tribunal hearing.

In the meantime, do make sure you keep all your monthly payments completely up to date during all this time, or you'll end up with a higher figure.

You'll want to see all the records that CSA hold to find out why the 2008 assessment never happened, resulting in arrears. Hence, requesting the data protection file.

blimey40

Definitely not on your own.

Liability order passed very easily in January 2009, since I got my data Protection files last summer havn't heard a thing.

Very important to get the files, if cases ever go to court it says in black and white £4,000, not the £42,000 they first tried and the subsequent £26,000 they got a liability order for.

To compound the inability of the CSA to do anything correctly, they had my daughter being born in 1996, when in fact it was 1985

jules441965

Hi there,

I'm a newbie here so apologies if I'm posting in the wrong place. I was kindly sent over here and told to ask for Kellogg?

I'll try to keep what is a very complicated situation brief.
My OH is being taken to court by the CSA for a liabilty order for a claim going back to 1996.
For personal reasons, my OH never responded to the claim at any point as the PWC lodged the claim with the CSA, 7 years after registering the child as "father unknown" on his birth certificate and when OH asked for DNA testing, she disappeared for nearly 12 yrs!
The CSA have produced as evidence, only 2 demands, one dated september 1996 and one dated april 2006.
In 2006 they lodged their first attempt for a liability order, which they abandoned in court at the last minute.
However thay are now going ahead again...given that they are trying to claim a debt going back to 1996, are we in a position to use the statute of limitations at all?

Donedoingdebt

jules441965, you may be better off starting your own thread on this topic with the same bold headline. That way, kelloggs etc may see it quicker.

kkkkk

Hi, I am new to this site and want to ask a question about CSA arrears but did not know how to start new post??
My husband is NRP and his assessment was reduced to Nil 5 years ago as his income was low and we have 3 children in our household, in the last few years his income has increased a lot and the PWC asked for a re-assessment, we got a letter from CSA a week ago saying we must start paying 120/pw although on new system it would be 83/pw. The CSA tell me they are looking at all previous assessments on this case and will contact us with payment info but I am wondering if they can start backdating to when the assessment was reduced to nil 5 years ago (after paying almost 18k over the 1st 6 years), I believe the case was never closed, just made nil. Any help would be greatly appreciated.

bdt1

KKKK,

They did exactly so in our case, made a decision (an incorrect one) in 2007, then applied it to a further 3 assessments from 2006, Jan 04 and Nov 04, then said we owed over £34,000 arrears etc etc. Suppose if they come back with new assessment figgures from previous decisions you will need to deteremine whether the decisions were FMA or IMA, if IMA ask and provide the information they need to perform a FMA.

If not then once they completed their new calculations may be worth getting your dp File to see how they have come up with their calculations - you will probaly be best to start thinking about the evidence you have and will need to prove your income etc etc to protect yourself from possible masses of CSA arrears.

It is always best to keep CSA updated with regard to income/circumstance changes, hopefully that way you won't get stung by a backlog of nasty arrears (the imaginary one's CSA make up are bad enough)