CSA Liability Order Granted, next step prison???

red57

As the title suggest the CSA have obtained a LO. Having read some info and advice on here and being heavily pregnant at the time I decided not to attend court to dispute the amount (I understood that it would be granted anyhow so thought I could do without the stress so far in my pg).

I heard nothing from them following my having obtained my file, (which didn't give any of the details as to how I came to have arreas, basically they took so long to make their assessment I was told unless I could pay my ex directly - I couldn't, then I would have to wait and arrears could be spread out when final assessment made along with my regualr payments). File also doesn't include telephone calls, nor does it include my letter to the woman who told me "if you pay it to us before your assessment finalised we will probably lose it".

I had continued to pay, including any arrears for several years, however and challenged the arrears when I gave up work some time ago as not only had the arrears increased, despite my missing no payments, but the initial amount seemed to have doubled?? I have refused to speak to them over the phone, so many people have worked on my case it's a joke none of them have been helpful. The file confirms they are aware I was not in work yet they have kept the assessment as though I was working.

I know that I have been a wally for ignoring their LO back in 2009, but I wasn't really in position to do anything being heavily pg then a new mum...and I hoped they would go crawl back under their rock - clearly that is never going to happen!

To cut long story short, they are suggesting I owe just over a grand, not a lot in comparison I know, but I was also told if I over pay I won't get it back - do not like through of ex enjoying my money when I know that I don't owe it!!! Today letter arrives telling me I will go to prison or lose my driving license and I have to respond within 7 days. I need to know the following;
1.Can I get them to look at this amount again, or have I left it too late
2.Is there any point getting them to look at this again?
3. Has anyone on here done a prison term - I think I am actually considering a week in prison rather than give them a penny more!
4. Because I don't work and how could I offer them anything?
5. Am I going mad or did I actually read somewhere that if an amount is being sought but it's being contested then can anything be done until they proven to be correct - or is it too late for that now?

I hate the CSA they are rude and unhelpful and I wish to god I had just ignored all their letters from the outset.

Also, I gave them a massive spreadsheet outling monies I paid and asked where this had gone as it doesn't tally with their money received, they ignored -what can I do about that??? again is it too late to challenge??

Thank you in advance.

skibadee

I'm sorry I do not know the answer....maybe try ICE or yr MP.


But how would yr ex ' be enjoying your money '???...you are paying towards the support of your children??

Also even if you went to prison the arrears would still be payable.

Blob

Hi

1. They can't send you to prison, end of. That has to be done by a Court!
2. I you are paying and are on benefit then the chances of a Court sending you to prison are not a lot, especially as you have a young child!

In the event that you get a summons to Court then turn up and put your case, they will listen! It really upsets the CSA as they think that they are above the Law and try to tell the Court this, just sit back and watch the show, the Court will take them to bits!

I have in the past reduced the CSA guy to tears and the solicitor to a fit, has to be done!

Good luck, hope it helps.

red57

Many thanks for your response.

My child is an adult now (no longer living there) and would not be getting the money as my ex has made it very clear numerous times that his travels have been at my expense.

Also, what's the point of them threatening putting you in prison for not paying if the debt remains?

red57

Hi Blob - I am not on benefit and I am not paying. I stopped making payments a little while ago when I realised that I have paid more than the amount I initially owed and each time I wrote to them they ignored me, literally every letter has been either ignored or partially responded to. As I mentioned they made it clear overpayments would be unlikely to be returned so I wrote with full breakdown of my payments and they've not replied, dealing with them soo shattering I am not sure I have the strength for it.

What happened with your case? Also is it too late to delay court and keep on at them for a proper look at the case?

wallandpiece

red57 wrote: »

Many thanks for your response.

My child is an adult now (no longer living there) and would not be getting the money as my ex has made it very clear numerous times that his travels have been at my expense.

Also, what's the point of them threatening putting you in prison for not paying if the debt remains?

I don't think I fully understand your original post, are you saying you do owe, you don't owe, or that you are disputing the amount that you owe?

If the CSA have a LO, surely that means that the amount is not in question, even if it was due to a lengthy assessment?

Also, how can your ex be enjoying your money when I assume he must have been looking after your child for the majority of the time at the time? Do you have any way of showing what you spent on your child, or whether you had them for some of hte week etc?

I don't see what going to prison or losing your licence would achieve however, as they won't write of the amount you may or may not owe. Can't see it going that far unless you point blank refuse to deal with it?

red57

wallandpiece wrote: »

I don't think I fully understand your original post, are you saying you do owe, you don't owe, or that you are disputing the amount that you owe?

If the CSA have a LO, surely that means that the amount is not in question, even if it was due to a lengthy assessment?

Also, how can your ex be enjoying your money when I assume he must have been looking after your child for the majority of the time at the time? Do you have any way of showing what you spent on your child, or whether you had them for some of hte week etc?

I don't see what going to prison or losing your licence would achieve however, as they won't write of the amount you may or may not owe. Can't see it going that far unless you point blank refuse to deal with it?

When I was first contacted I was told that they would allow me to pay the arrears they forced me to accrue (by refusing to accept payments until the assessment was done), by paying £20 per mth on top of the money I was already paying. I honestly don't recall the amount owed from the start, however a few years after paying, without missing any payments I spoke to them on the phone and they advised the amount I owed was approx £1,000 (this calculation was done while I was on the phone I continued making payments without questioning further assuming this amount was being reduced.

I was contaced after I left work to say they want the money now, and my payment plan was no longer allowed, it was then I discovered that despite me not having missed payment my arrears had accrued??? Never been given an explanation regarding this. I then sent a spreadsheet and asked why I could not continue paying the same amount, and where has the extra £20 been going. They have given me no explanation at all except they have new policy which means monies owed must be paid more quickly - despite they caused me to have arrears they say by not paying payments while the assessment was ongoing I accrued arrears, despite that initiall they refused to accept my payments.

Also, had I realised how much of an evil git me ex was going to be I would have ensured I made money from the house and divided assets, however I left the entire house and its wares for him and my child, just so that I could get away. I was and still am prevented from seeing my child (another long story). It was a long time afterwards that the CSA advised "we could have taken into account all the items I had left as part of a financial maintenance settlement had I told them at the begining that we had agreed he'd have everything - only trouble is I wasn't aware what I should have declared to the CSA.

It's all been a nightmare!

red57

wallandpiece wrote: »

I don't think I fully understand your original post, are you saying you do owe, you don't owe, or that you are disputing the amount that you owe?

If the CSA have a LO, surely that means that the amount is not in question, even if it was due to a lengthy assessment?

I had thought, by reading bits on here that I could not quibble with them getting a LO as no judge would argue with the CSA over amounts and that obtaining a LO is really a formality. I am sure I read that even if a LO was granted I could prevent action as the amount is being questioned??? Is this correct??

wallandpiece

I would ask to meet with them, and before you do, get all bank accounts showing payments made, all wage slips, all assessments you have received from them and do a full "audit" while you are with them.

How much are you actually disputing? Are you sure you have always paid in accordance with their assessment? Did you pay by DD or SO? What evidence have you got to suggest the final amount is incorrect? Surely if you know this, you can put it to them?

Sorry to hear you were stopped from seeing your child. The awful thing is that this really has no bearing on the liability to pay. My ex chose not to see our DS, however I'm not going to suddenly say, "Oh well, you didn't see him, don't give us anything."

I am on other end, funnily enough, was searching for liability order so came across this thread.

wallandpiece

red57 wrote: »

When I was first contacted I was told that they would allow me to pay the arrears they forced me to accrue (by refusing to accept payments until the assessment was done), by paying £20 per mth on top of the money I was already paying. I honestly don't recall the amount owed from the start, however a few years after paying, without missing any payments I spoke to them on the phone and they advised the amount I owed was approx £1,000 (this calculation was done while I was on the phone I continued making payments without questioning further assuming this amount was being reduced.

I was contaced after I left work to say they want the money now, and my payment plan was no longer allowed, it was then I discovered that despite me not having missed payment my arrears had accrued??? Never been given an explanation regarding this. I then sent a spreadsheet and asked why I could not continue paying the same amount, and where has the extra £20 been going. They have given me no explanation at all except they have new policy which means monies owed must be paid more quickly - despite they caused me to have arrears they say by not paying payments while the assessment was ongoing I accrued arrears, despite that initiall they refused to accept my payments.

Also, had I realised how much of an evil git me ex was going to be I would have ensured I made money from the house and divided assets, however I left the entire house and its wares for him and my child, just so that I could get away. I was and still am prevented from seeing my child (another long story). It was a long time afterwards that the CSA advised "we could have taken into account all the items I had left as part of a financial maintenance settlement had I told them at the begining that we had agreed he'd have everything - only trouble is I wasn't aware what I should have declared to the CSA.

It's all been a nightmare!

Just noticed your edit. How can ex stop you seeing your child if they are adult? Surely it's their choice?

Re: the LO. I understood it that you have ample time to question assessments before it gets to this stage, hence why you should always keep in touch and keep all correspondence and relevant information. I'm not sure though. I'm sure people use this more of a get-out clause to stop paying, if I'm honest.

red57

It's nominal compared to lots of other cases on here, however it's all relative isn't it. I have broken it all down, they have provided me with statements showing what I owed and what I have paid, it's all in black and white but all they have to do is add it up their end and I even provided a graph outling the differences and asked fror an explanation of where the money had gone as they have not use it to pay off arreas but they won't answer me. I have sent several letters over many years, they are all ignored.