a little specialist advice needed

romanempire

Hi nannytone,

You need to be a bit more specific. How long were you on benefits? Thats the only period over which you have no say in whether the CSA pursue your ex as that money is owed to the state.

As I understand it if they have a supposed debt from outside that period you can cancel it.

A crucial first step is for both you and your ex to send off for your respective data protection files. This will allow you to see how much of the debt is real and how much they've invented. It may turn out that they never served the original forms on your ex so the case never got past first base.

R.

nannytone_2

i was on income support for an 18 month period. i KNOW their calculationsd are wrong, but they seem determined to collect for the whole period.
i have to admit that i'm reluctant to become involved, but it does seem very unjust.
my daughter is saying 'are you going to leave dad to sort it out? but at the same time, he wants me to say that he paid maintenance (which he didnt) for the 18 month period, which would then leave me open to proceedings from the D W P.

iv'e no desire to see him in trouble, but i'm not going to offer myself up as his scapegoat.

nannytone_2

i have claimed income support at another time.excepting that 18 month period, but that was due to me being registered blind and not because i was a single parent.

Didismump

Bless you...If 'he' paid for the dancing lessons then I 'believe' they MAY be classified as a gift to his child..NOT to you..
If he gave you no other monies ( in your hand) during the time you were on I.S then why should YOU be his crutch and say anything to save his bacon..
Especially as he is prepared to drop you in the mire on his way down..:(
Never tell lies as they will find out somehow..and he SHOULD have proof of any monies he gave you OR paid you via cheque/S/O or D/D so it was all accountable... IF he gave you anything...
Only YOU know what monies he gave you..and IF it is all 'clean & tidy' then you have no fears..:)
I am sure that if you had NO handling of him paying the dancing fees etc then they are classified as a gift for HIS child/children...
DO get your DPF...and then you can see where their calculations are going..
It costs £10 and IF you need the address for the DPU, PM me and I will pass it on to you along with the template for what to write ( exact words so they cannot get away with missing anything out ( although they STILL WILL as I have recently found out).....:)

Always ..ALWAYS put everything in writing to the CSA..and ALWAYS send it Recorded Delivery so that it HAS to be signed for ...as they DO & WILL lose post if it suits..so IF it is recorded you have the proof..(Always keep the stubs from the Post Office filed..they COULD be your lifeline)
Never,NEVER rely on telephone calls as you will never get the same answer twice and they DO lose calls IF it suits..
IF you have to call them log EVERYTHING..and then back it up with a letter (recorded delivery..Remember..;))
Trust me..my fingers have been sorely burned by the CSA...and I have learned a VERY hard lesson..
But..NEVER trust them..there are plenty of us on here who will tell you the same..and it is not about being bitter..it IS about facts..and the CSA do NOT give a DAMN if they 'think' they can get money out of either of you..
So DO get ALL the facts..and FIGHT your side..as they will not let it drop if they think they can get a penny extra..:)
( Those who will also help you on here include Kelloggs 36 and bdt1..and they both give EXCELLENT,valid advice and know the facts too...:))..Good Luck..:)

Blue_Horizon

nannytone - I think the CSA are just after the money owed to the government, which can't be £42k. That means the balance should come to you. If so you can give it back to him? Is this too simple?

He should ask for account breakdown, with dates and amounts so he knows exactly how the £42k is made up.

Blue_Horizon

Also - CSA was not brought in until 1993, so they can't claim prior to this. Looks like your kids would have reached 16 in 1996 and 1999. So maximum period should be 6 years. £42k seems a lot unless he was earning big money?

He should ask for that breakdown, dates, income, CSA 1 (if so what assumptions they used?). He should also ask on what grounds they are asking for this? What law? As I said they will be after the value of IS for 18-months and I'm sure that is a figure a lot lower than £42k.

gratefulforhelp_2

nannytone wrote: »

my daughter is saying 'are you going to leave dad to sort it out?

You need to explain to her that this is not in your hands, and that you will not tell lies to government agencies.

nannytone_2

asmy kids both stayed on at 6th form the dates are 1994 - 2002 so 8 years in total. ( kids were both september babies, so they were a year behind in school........both almost 19 when they finished A levels)

Didismump

Hi NannyT....
As I have previously said...
Never TALK on the phone to the CSA, as they DO lose conversations (conveniently)..and you will never get the same answers from anyone there....
Always put EVERYTHING in writing..and ALWAYS send any letters via RECORDED delivery ( so that it HAS to be signed for by someone) as they are VERY good at losing mail IF it is not in their favour ( and even if it is in their favour..as it seems in our case)...
NEVER think it has (your case) been dropped (it won't be..easily)...and always keep one step ahead (IF possible)..
IF you feel you HAVE to talk to anyone at the CSA..log all times/dates and the persons name you talk to...but ALWAYS best to put everything in writing afterwards to them anyway..as they WILL lose the conversation IF it suits...:(

Write and ask for a complete breakdown of ALL the arrears for the years owed (42k is VERY high for 8 years arrears so they MUST be wrong there..unless he was earning a fortune)..but asap ALSO request your Data Protection File from the Agency ( this will tell you the dates they are trying to claim for)..this costs £10 ( made payable to the CSA)

For this you need to write to the following address:-
Data Protection Unit
CSA
Room BP6102,
DWP Benton Park View,
Longbenton,
Newcastle-Upon-Tyne
NE98 1YX
The following template is one I was given for the same, and is worded exactly as is required....

Your Name- ***** *******
Your D.O.B- **/**/****
Your Nat.Ins No -*********
CSA Ref No/Case No- ************

Dear Sir or Madam,
Please send me the information to which I am entitled to under Section 7 (1) of the Data Protection Act 1998. I request all computer and clerical records to which I am entitled, and would ask that the notepad sections of the computer files are dated.
If you need further information from me ,or a fee please let me know as soon as possible. I have enclosed a (postal order/cheque (state whichever you send)) for £10 which I have been advised is required for the processing of these files.
If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate official.
Yours faithfully,
**** ********* (your name)

(Remember to put your name/address on the top right hand side of the letter and the date you write it..also DO write the CSA Ref No on the back of either the cheque OR postal order IF possible so that they cannot say they have not received it...)
Always,ALWAYS send everything by Recorded Delivery...

I would do this as well as writing and asking for the full breakdown of all the arrears simply as it can take up to 40 days for the DPF to get to you ( IF it is any later then they automatically breach the 6th Principle of the Data Protection Act and YOU can then claim compensation from THEM..so DO keep a check of the date you send off your request against the date it arrives)...

Hope this helps..and rest assured..you WILL be helped here..:)
This site is excellent...Good Luck...:)