CSA arrears letter £15k demanded

bdt1

Ok we have been in same boat, so know what you are going through (our alleged debt was £34,000 tho).

You have made the 1st step, you really need your Data Protection File, so you can go through it with a fine tooth comb, and look at the assessments and thus associated arrears CSA are on about.

Until you get this information there isn't much you can do. Apart from try and negotiate a payment scheme with them, so they do not railroad a Liability Order, bailiff action, charge on house etc (as they did with us).

They will try and get you to pay any debt (real or not) over 24 months, they will tell you this is law, it is in fact a CSA steer.

Once you get DP Fie you can appeal any errors in an assessment then they will refuse to change it, which then gives you full appeal rights, whereby your case can be heard by an Independent Tribunal, and (in in our case), if you win (as we did), CSA are then instructed to amend errors and readjust any arrears. Our went from over £34,000, with a LO, bailiffs at door, CCJ and charge on house for this figure to £2,100, £2,400, or £2,700 dependent upon which letter we believe - we are asking for breakdown as our figures show we have actually overpaid!!

Good luck if we can help jjust let us know

kbmg123

Thanks for response. It's unreal isn't it.
I have written off for a copy of his file a week ago, but haven't had a response yet.
How long does it usually take to get this info? And what info does it give us exactly?

Thanks again

bdt1

kbmg123 wrote: »

Thanks for response. It's unreal isn't it.
I have written off for a copy of his file a week ago, but haven't had a response yet.
How long does it usually take to get this info? And what info does it give us exactly?

Thanks again

There is a legal requirement that the info be provided within 40 days, but CSA commonly do not adhere to this.

It should include all information, correspondence and assessments etc etc relating to your case, about you, not the other party

blimey40

bdt1 is spot on.

Don't forget the CSA will go for the most money they can. They really don't care if its right or not. All the more coffers for the government department is all they want.

If you get your Data Protection files you will normally find big inaccuracies which in turn makes your defence easier. Without that, you are fighting a losing battle.

kbmg123

Have offered to pay £200pm while I try to get an accurate assessment of arrears owed. CSA, on the phone, threatened me with bailiffs and asked me to pay on a credit card or get a loan. They said 200pm was not enough as I had to pay it all within 2 years.

Apparently, £6k debt is pre 2000, when I paid direct through my wages; was told that I hadn't paid enough. £9k is 2000-2003 when I was out of work and not making any payments.

What a mess.
Have written for my data files and hope that I can keep the bailiffs at bay long enough to get the debt reduced.

RAS

Hi

Stop dealing with them on the phone, then they will have to write down the threats, or stop using them.

kbmg123

I understand what you mean about not using the phone.

I used the phone in the CAB office as I wanted to contest the arrears breakdown.

The trouble with letters is that they don't give you time to respond.
The CSA woman said we were late responding to a letter dated 26th November which we still haven't received.

It;s taken them almost 20 years to ask for this debt and they won't give me a week to received and read a letter.

Your're right tho. They won't use threats like this in a letter- but if I wait for the post will the next letter I receive be from the bailiffs?

bdt1

Did you inform the CSA at the time that you were out of work?

If you did then it should be in your DP File and usually at most if you are receipt of benefits and not working then an assessment of £5 per week or so is deducted from your benefits.

If you did not inform CSA at the time that you were out of work, then you will be loiable for full assessment I believe unless you can prove otherwise.

You could always try appealing the assessment when you were out of work, although you will need an out of time appeal. If they decline then this gives you appeal rights, so when they refuse to change it, you can proceed to an Independent Tribunal hearing to put it right.

With regard to bailiffs, you won't hear anything from them until CSA have gained a Liability Order for the amount they say you owe. After a LO is granted bailiffs will visit a number of times but generally give it a couple of months or so, and a few visits, if no luck then they refer case back to CSA, who then go for CCJ, a charge on any property etc.

Please do not communicate except by letter recorded delivery, they are well known for denying any conversations took place. Brace yourself they will enforce this debt, and you must fight them, they even rang us one Christmas Eve a few years ago asking if we managed to get a remortgage for £34,000 to pay off the alleged debt we owed them!! They told us on Christmas Eve that they would be getting a charging order on our home - that was a great Christmas, and I believe the person making the call should have been sacked - could they not have waited until the New Year to make such a phone call!!!!

But this is how they are - bullies!!!!

Best is we proved the debt was never owed, so keep strong! We in process of trying to have CCJ, LO, and charge removed at present

kbmg123

No I didn't tell them I wasn't working because I was travelling around Europe with friends.
I have never claimed benefits.

Would be difficult to get assessed on that wouldn't it?

kelloggs36

If you didn't tell them you were out of work, then your liability would have continued to accrue at the rate it was at the time - you cannot get that changed now as the onus was on you to notify them of a change in circumstances - they aren't psychic! The law is clear on the fact that they cannot act retrospectively, unless they were notified and failed to act on it.