please help...i am going out of my mind

kezzygirl

I have been battling with the csa for my husband who is a nrp.He has had a deduction from earning order in place since 2001.He stopped work in april 2010 to care for our children,I am now the only person in the house who works.I have been battling the csa for years who say that he owes £7000+ arrears on the account. I requested a breakdown of the account and finally,4 years later, we have received one

There were four years of payments missing, and lots of other mistakes.We sent 7 years worth of pay slips last week,showing that he has paid.The csa called us today saying that there is now £4500 owed,taking into account his evidence in the form of payslips that we provided.My husband told them that he does not work,that I do.I called them when I got in and they told me that they want the money.I told them that my husband could not pay them as he is not earning, they told me that they want to come to an arrangement and see that we have £1010 available to us at this time,as they performed a credit check!

I laughed,as this is total tosh.Explained to him that we have been on a dmp,all of our forms of credit are frozen and we are currently in our overdraft...I asked what credit reference agency he used, he said that he cannot divulge that info.

He then said he wanted to set up a standing order now, to take an initial payment.I explained to him again MY HUSBAND DOES NOT WORK!
He then said that they will refer it to their legal department as it is debt and they want the money.
Bearing in mind that for years and years my husband has paid arrears back, he could not get out of not paying as it was taken directly from his wages along with tax and national insurance.

So,my questions are..
Are they allowed to take my money to pay off these arrears?

Are they allowed/supposed to perform a credit search?

Is hubby still eligible to pay although he is raising our kids and therefore has no job and no income?

Thanks in advance..any advice appreciated.I am so sick of this and have been crying because i cant cope.

DUTR

kezzygirl wrote: »

I have been battling with the csa for my husband who is a nrp.He has had a deduction from earning order in place since 2001.He stopped work in april 2010 to care for our children,I am now the only person in the house who works.I have been battling the csa for years who say that he owes £7000+ arrears on the account. I requested a breakdown of the account and finally,4 years later, we have received one

There were four years of payments missing, and lots of other mistakes.We sent 7 years worth of pay slips last week,showing that he has paid.The csa called us today saying that there is now £4500 owed,taking into account his evidence in the form of payslips that we provided.My husband told them that he does not work,that I do.I called them when I got in and they told me that they want the money.I told them that my husband could not pay them as he is not earning, they told me that they want to come to an arrangement and see that we have £1010 available to us at this time,as they performed a credit check!

I laughed,as this is total tosh.Explained to him that we have been on a dmp,all of our forms of credit are frozen and we are currently in our overdraft...I asked what credit reference agency he used, he said that he cannot divulge that info.

He then said he wanted to set up a standing order now, to take an initial payment.I explained to him again MY HUSBAND DOES NOT WORK!
He then said that they will refer it to their legal department as it is debt and they want the money.
Bearing in mind that for years and years my husband has paid arrears back, he could not get out of not paying as it was taken directly from his wages along with tax and national insurance.

So,my questions are..
Are they allowed to take my money to pay off these arrears?

Are they allowed/supposed to perform a credit search?

Is hubby still eligible to pay although he is raising our kids and therefore has no job and no income?

Thanks in advance..any advice appreciated.I am so sick of this and have been crying because i cant cope.

Bit confused as if they have been collecting via DEO and you have the proof by way of wage slips, then I would be inclinded to let them take your hubby to court and let them make a judgement.
Hubby is still liable during the qualifying age , even if it is a nil assessment, had he informed the csa when he retired from working?

kezzygirl

yes he called them and told them.They provided a nil assessment as of the date he stopped working.

We know he is still liable,my point is that they are asking for money that he has not got...he has no earnings.

I am confused too as to how he owes arrears when he been paying by deo.I am so stressed

kezzygirl

also,the payslips date back to may 2003,nothing prior to that and i think companies only hold that info for 6 years so we have no way of proving what he paid prior to 2003

DUTR

kezzygirl wrote: »

yes he called them and told them.They provided a nil assessment as of the date he stopped working.

We know he is still liable,my point is that they are asking for money that he has not got...he has no earnings.

I am confused too as to how he owes arrears when he been paying by deo.I am so stressed

That bit is what confuses me, whether he has money or not, the real question is are the arrears due or not.
I pay via SO and should they assume Im in ghost arrears then they can meet me at the court house.
Perhaps another forum viwer maybe able to shed some light on this type of scenario.

bdt1

In answer to your questions.

1) They cannot take your money as such to pay his child support, but if you have a joint account, be very cautious, as they can take monies from accounts in his name/joint names.

2) They regularly perform credit searches to see how much credit is available to NRP, then at times they will/may suggest paying any arrears off via a credit card - yet they should never do so

3) If you hubs is not working/earning and raising your children, you should have asked for a re-assessment at this point due to change in circumstances, if not then an arrears may still stand. If arrears are outstanding and he has no income for child support purposes, they will pursue the debt in other ways. IE they will get a Liability Order through the Courts to legalise the debt, then send bailiffs, get a CCJ, and if your home is owned, then they will get a charge on your house, they can look at his car (seizing it), and lastly committal or passports (last stage). Be prepared, as this is common practice - I should know, been on rceiving end of incorrect arrears, and most of above have happened, only for Judge at Tribunal to uncover I was right all along and CSA arrears did not exist - they just made lots of mistakes.

BUT core point here - if no change in circumstances reported by your hubs, to state he is not earning and is house husband, the arrears may still be racking up, and yes your hubs will still be expected to pay in some form, any arrears owed whether he is earning or not - even bankruptcy does not exclude you from paying child support/arrears

bdt1

Ask for your Data Protection File, via NACSA website, and also ask for an account audit/breakdown from CSA, put it in writing, send recorded delivery and keep Royal Mail barcode as proof they received your request.

You could also try your MP if you don't have any luck, some are more helpful than others, but they do have a Parliamentary hotline to CSA

kezzygirl

hi thanks for your replies.They have provided a statement saying that he is not liable to pay maintenance due to stopping work.we have a joint account-this is our only account.
We also have deo saying he owes no arrears from a few years ago, then one saying he owes £300, then one saying he owes £1000...now he apparently owes £4500 despite not missing a payment.
as far as i am concerend, they have performed a re-assessment?by saying the he is to pay nothing?

kezzygirl

hi bdt1, i have had the mp involved twice...it has taken them 4 years and two letters to the chief exec of csa for the account breakdown, which finally came a month ago!