CSA arrears letter £15k demanded

Debicj

It might be worth trying to get the change of circs backdated or appealing about it.

My ex 'forgot' to tell the CSA about the birth of his 2 children and appealed about it when he realised it would have been beneficial to him if he had done so. The outcome was that the judge decided that 'the material facts existed' so the CSA must backdate to take the facts into account. This wiped out a huge amount of arrears on the case because the NRP was assessed at NIL for over a year even though he hadn't notified the CSA of the change of circumstances at the time, but only told them more than a year later.

Wasteland_Drifter

Debicj wrote: »

outcome was that the judge decided that 'the material facts existed' so the CSA must backdate to take the facts into account.

It might help the OP if you could allow him to cite your case in his apeal.

If the CSA then refuses to comply, the OP could contact his MP and ask for an investigation under Section 2 of the 2006 Fraud Act, or 15a(1) or the 1968 Theft Act.

kbmg123

Debicj wrote: »

It might be worth trying to get the change of circs backdated or appealing about it.

My ex 'forgot' to tell the CSA about the birth of his 2 children and appealed about it when he realised it would have been beneficial to him if he had done so. The outcome was that the judge decided that 'the material facts existed' so the CSA must backdate to take the facts into account. This wiped out a huge amount of arrears on the case because the NRP was assessed at NIL for over a year even though he hadn't notified the CSA of the change of circumstances at the time, but only told them more than a year later.

Like wasteland drifter said, if I could use this in my appeal it might help and it coulldn't hurt. I know ignorance is no defence and I admit my ignorance, but at the time I didn't know what I was doing.

Wasteland_Drifter

When planning your appeal, I think you need to take advice before approaching the CSA, as an inappropriate worded approach can lead to a charge where there may be none. Admit nothing.

Debicj

Try NACSA for help. I found them to be very helpful.

kbmg123

Thanks for all responses.
I have decided to pay for NACSA to help me with my case as the amount is so large and their fees small by comparison.

I got the detail printout of what I had paid since 1993 and what I should have paid and the difference is the £15k. Trouble is I had no knowledge of that difference until last week - almost 20 years on.

CSA claim that they took too little and therefore it's my fault. Can't see how it is my fault as it came out of my wages; was never voluntarily given by me as you can imagine.

When I changed jobs they found out within the month and the deductions were made as before. SO when I quit work I assumed they would know that as well. They always seemed to know what I earnt better than me so when I wasn't earning- well I thought they would know that too.

My better half is composing a letter to the minister in charge of DWP as this kind of behaviour by a govt dept has to end. Where else would you receive a bill for arrears accrued 16 years previously, that you had no knowledge of until 16 years later? My kids had grown up, I had moved on and now I am worse off that I have ever been in my entire life.

Moan over.

PlayingHardball

kbmg123 wrote: »

Thanks for all responses.
I have decided to pay for NACSA to help me with my case as the amount is so large and their fees small by comparison.

I got the detail printout of what I had paid since 1993 and what I should have paid and the difference is the £15k. Trouble is I had no knowledge of that difference until last week - almost 20 years on.

CSA claim that they took too little and therefore it's my fault. Can't see how it is my fault as it came out of my wages; was never voluntarily given by me as you can imagine. (why not, were they not your children?)

When I changed jobs they found out within the month and the deductions were made as before. SO when I quit work I assumed they would know that as well. They always seemed to know what I earnt better than me so when I wasn't earning- well I thought they would know that too. (how would they know you had quit work if you didn't tell them, who did you think would?)

My better half is composing a letter to the minister in charge of DWP as this kind of behaviour by a govt dept has to end. Where else would you receive a bill for arrears accrued 16 years previously, that you had no knowledge of until 16 years later? My kids had grown up, I had moved on and now I am worse off that I have ever been in my entire life.

Moan over.

I think, by all accounts of your story the CSA acted only with the information you provided.

I do not know for certain, but I've never heard of a case where someone has been successful at a tribunal questioning an assessment where the NRP didn't inform the CSA of changes of circumstances relating to income.

Maybe NACSA will know otherwise and be of some help to you.

kbmg123

Yes they are my children and I wanted to stay in the home and bring them up but I was asked to leave and the next day her lover was installed in my place.

I should have told her to leave and stayed put.