Urgwnt CSA1 case

nannytone_2

I split with my ex in 1990
. i worked and he paid some maintenance, but i was happy to support the kids while he paid for the 'extras' in 1996 i was out of work for a short time and the CSA became involved. i couldnt give them an address for him, as i didnt know where he was living.
obviously i was claiming income support at the time, so a CSA1 case was opened. because i couldnt supply an address, nothing more became of it. after just over a year on bvemefit, i started working again.

last year i got a phone call from the CSA ( strange, because i had moved 200 miles away) they asked if i wanted to pursue the ex for maintenance. i said no, as my kids were then 26 and 29. they were offhand and gone from home.
then my daughter told me that they were chasing my ex for 42k!
they are now taking £500 a month from his wages, even though i only claimed for just over a year!
they say he has no right to appeal, because they sent him a letter in 1996 that he didnt respond to.......................he didnt respond because he never got it!

his girlfriend told the CSA that i had been claiming fraudulently ( untrue) but the didnt care. they said i dont work and have any earnings, so they want money from huim.
he has seen a solicitor, but they didnt want to touch the case.
what are his oiptions?

CSA_Help

I f he can prove he didnt get contacted i.e where the maintenance enquiry form etc was sent and what address he was living at then they can whistle

nannytone_2

they have agreed he didnt respons. but how does he prove he didnt respond because he didnt receive it?
they have said his right of appeal ended in 1996 when he didnt respond!
they have a DEO for £500 a month from him. he cant pay his mortgage!

my daughter is on my case now, to sort it out................but theyre not interested in anything i have to say.
i dont know how they assessed him for 42k...........................but it seems like he has no chance to question this.

CSA_Help

nannytone wrote: »

they have agreed he didnt respons. but how does he prove he didnt respond because he didnt receive it?
they have said his right of appeal ended in 1996 when he didnt respond!
they have a DEO for £500 a month from him. he cant pay his mortgage!

my daughter is on my case now, to sort it out................but theyre not interested in anything i have to say.
i dont know how they assessed him for 42k...........................but it seems like he has no chance to question this.

He needs to get his data protection file to see what addresses they held for him back then. If he can prove he wasnt at the address the mef was sent then he has no case to answer. Hopefully Kelogs can clarify.

When did they eventualy catch up with him?

fannyanna

I would suggest the easiest thing would be for you to send a letter to the CSA recorded delivery (with a copy sent to your ex for his records) stating that you are aware that they are pursuing him for child maintenance and that as the children are now adults you have no wish to pursue this claim and want them to close the case.

nannytone_2

early last year i had a phone call. then mid last year the contacted him. they said theyt had known who he worked for a good time before.
his objection is that if they knew where he worked,,,,,,,,,,,,,,,,,,,,,,,why nhadnt they contacted him before........and how have they come to the 42k?
i'm in a difficult position. my daughter is saying her dad cant afford his mortgage....................but what cni do?

nannytone_2

fanny..........i have told them that i dont want to pursue it......but the say they cant close the claim just because i say so. they are assessing him over the whole 16 year period...............even though i only claimed benefit for 18 months. seems like once a claim is opened, it cant just be shut!

fannyanna

That seems mental bearing in mind that they are looking to change the system and encourage people to enter into private arrangements to avoid having to use the CSA.

I would suggest that providing you really are happy for the case to be closed it can only be done on your say-so and not your exes. I would therefore write a letter of complaint stating that you want the case closed. Ultimately they're only pursuing him to get money to send to you. So if you say you don't want it why on earth do they want to go thorugh the hassle and cost of pursuing him.

Another example of how the CSA system is mental.

nannytone_2

THE PROBLEM IS THAT WHEN THE CASE WAS OPENED IT WAS BECAUSE I CLAIMED BENEFITS. IT WAS WAY BEFORE THE TIME THAT MAINTENANCE WASNT TAKEN INTO CONSIDERATION. IT SEEMS THAT THEY ARE ON A MISSION TO CAPTURE ALL nrp. BECAUSE A CASE WAS OPENED IN 1996.......AND IT WASNT ACTUALLY CLOSED........THEY WANT MONIES FOR THE WHOL;E PERIOD, REGARDLESS OF WHAT MY WISHES ARE.

jetta_wales

How long were you on income support for? Tell them that from a date after you were no longer on benefits he started to contribute privately to you for the children and paid you regularly since then so then they could only pisue him for the maintenance for the period you were on income support surely?

nannytone_2

ive told them that. But they say because the case was never 'officially ' closed ( was never closed because they never found him) he has to pay for the whole time ............until the youngest child was 18.
i have my daughter on my case now..................because her dad is being stopped £500 a month.
i dont understand what it is that they think i can do about it!!!