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csa i really need as much help as possible

peterpumkineater
peterpumkineater Posts: 9 Forumite
edited 10 December 2011 at 3:40PM in Child support
I split with my ex in 2004 and got with my new partner I was working a part time job and paying her maintanance in a cheque at the end of every month then comes the bomb shell she went to csa saying I owed her money a bit later the csa put an attachment of earnings on my wages which I was happy to pay then I changed job and csa got back in touch I told them my new job details and a year later I gave up work to take care of my new baby to my new partner. I phoned the csa and told them that I had gave up work to take care of my new son and was told off the operator
that was fine and I told them I would be in touch when I got a new job, thats fine the operator said to me I also asked if it was possible to take money off my partners wages to pay for my son and was told that wasn't possible to do so left it like that a few weeks later I received a letter from csa with what I am supposed to pay in which I had already informed them that I had left work so I called them again and informed them again after that it went quite for a while then out the blue yet another letter comes I thought must be a miss print as they had been informed twice now.
I later moved to a new house with my son and partner lived there for a year and never heard anything off them so I thought all was good with it all we later moved again after a further year no news off them which was good then we moved again after 2 years still nothing at all of them which I thought all was good yet again. Then me and my partner separated as things didn't work for us she moved out and left my son with me to bring up about a year later I was going to move in with my new partner his mum said I wasn't to take him away from her so I asked him if he would like to live with his mum, which he said he would so he moved in with her and I moved down with my new partner. I got with my new partner it was there about 3 weeks and bang a bomb shell I got a letter from the csa saying that I owed 6689.40 for the period 12 may 2004 too 22 mar 2011 which I knew was wrong as I hadnt worked
as my ex had been the bread winner in our family which they couldn't touch her wages at all I was told by the operator so I phoned them up and was told it was going to the enforcement department so I phoned them up I told them I still wasnt working had been in full time care of my youngest son. I also mentioned the phone calls I had made earlier on in 2004 to them and was told there was no record of the calls on there system
so it went to the enforcement department. I later got another letter saying they were going to take me to court for a liability order against me so I phoned them up yet again and told them I don't owe that much and asked them to recalculate it and got told the calculations was right they took me too Dover court which is miles away from where I live and couldn't get to to prove my point they got there liability order over me I now have bailiffs comeing to the house for a debt I don't owe
I was told by citizens advice they would need prove I was working before they could apply to the court for a liability order then I phoned them and asked them about it which they said was untrue citizens advice was basically lying they say so I got no further forward with them and still have bailiffs coming to take all my partners stuff from the house
which in when I moved down I just brought my clothes how can that be fair she don't owe them any thing the csa is a big joke in its self they need to learn to do there jobs properly and stop blaming the father they need to listen to both sides to storys there are two partys not just the mothers my eldests mums ran off with him with no contact at all to let me know where she had moved to and changed her mobile number I haven't seen him in 8 years where is the justice in that by the way this is the one I am writing about who ran off. I sent my bank statements into the CSA to prove I have not worked since September 2005 which they said they never recieved even tho I have the post office recorded receipt and proof that someone signed for them,
I had to send them again and once they did look through them they said they was only going to go back till April 2010. My new parnter and I have made loads of phone calls to them, been to citizens advice, tried to get a solicitor which I was told a solicitor would not be able to deal with the case as it is classed as a debt even tho I do not owe that amount.
I asked the csa if they would even take a payment of £20 a month which my partner would have to pay as I am still not working but they refused that.
They said the payment had to be cleared in 2 years which is impossible for me to do. Please help,
I do not know what else to do. I am at my wits end, have severe depression and can not cope with this any longer. My relationship is breaking down because of the bailiffs due to come to the house and possibly she may lose all her belongings as I am living there. She has 2 sons herself. This is really not fair on them or myself. I would be grateful if you could advise or help in anyway.[IMG]file:///C:/Users/lisa/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG]
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Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could you go back into your post and put some paragraphs in, it's extremely difficult to read. You will get more help by doing this
    as people will jst give up reading it.

    No offence is intended
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Could you go back into your post and put some paragraphs in, it's extremely difficult to read. You will get more help by doing this
    as people will jst give up reading it.

    No offence is intended
    :hello:

    Press the Thanks button if someone has helped you, it also lets them know that you have actually read the post,



    if u read it it say i dont know how to do this sorry
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Click onto the blue tab at the bottom of your post where it says 'Edit'

    Thanks
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Click onto the blue tab at the bottom of your post where it says 'Edit'

    Thanks


    ok but i dont know how to do paragraphs this is one mager problem for me to do i dont know how to start and end them sorry
  • i know this is not very good english but i must say i am dislecksic and always had trouble with paragraphs and where they go so any help would be great thanks in advance :cry:

    I split with my ex in 2004 and got with my new partner I was working a part time job and paying her maintanance in a cheque at the end of every month then comes the bomb shell she went to csa saying I owed her money a bit later the csa put an attachment of earnings on my wages which I was happy to pay then I changed job and csa got back in touch I told them my new job details and a year later I gave up work to take care of my new baby to my new partner. I phoned the csa and told them that I had gave up work to take care of my new son and was told off the operator

    Make a note of this, the CSA shouldnt be telling you off.
    that was fine and I told them I would be in touch when I got a new job, thats fine the operator said to me I also asked if it was possible to take money off my partners wages to pay for my son and was told that wasn't possible to do so left it like that a few weeks later I received a letter from csa with what I am supposed to pay in which I had already informed them that I had left work so I called them again and informed them again after that it went quite for a while then out the blue yet another letter comes I thought must be a miss print as they had been informed twice now.

    This could be due to your dyslexia, or if not, the CSA is deliberately hiding your notices of a change of circumstances to trying and take money from you they would otherwise not be allowed.
    I later moved to a new house with my son and partner lived there for a year and never heard anything off them so I thought all was good with it all we later moved again after a further year no news off them which was good then we moved again after 2 years still nothing at all of them which I thought all was good yet again. Then me and my partner separated as things didn't work for us she moved out and left my son with me to bring up about a year later I was going to move in with my new partner his mum said I wasn't to take him away from her so I asked him if he would like to live with his mum, which he said he would so he moved in with her and I moved down with my new partner. I got with my new partner it was there about 3 weeks and bang a bomb shell I got a letter from the csa saying that I owed 6689.40 for the period 12 may 2004 too 22 mar 2011 which I knew was wrong as I hadnt worked

    I thought as much!!

    The CSA, has not taken into account your notice of a change of circumstances. The CSA may have taken advantage of your vulnerable position having dyslexia and difficulty in communicating effectively in writing.

    This could be a simple misunderstanding, but if its not, then somebody at the CSA has deliberately concealed your notices of a change of circumstances - an offence under the Fraud Act 2006, namely Section (4)(2).
    as my ex had been the bread winner in our family which they couldn't touch her wages at all I was told by the operator so I phoned them up and was told it was going to the enforcement department so I phoned them up I told them I still wasnt working had been in full time care of my youngest son. I also mentioned the phone calls I had made earlier on in 2004 to them and was told there was no record of the calls on there system

    The more I read this, this more and more it looks like the CSA has been disregarding your notices of a change of circumstances and carried on charging you maintenance under the pretence you are still working.
    so it went to the enforcement department. I later got another letter saying they were going to take me to court for a liability order against me so I phoned them up yet again and told them I don't owe that much and asked them to recalculate it and got told the calculations was right they took me too Dover court which is miles away from where I live and couldn't get to to prove my point they got there liability order over me I now have bailiffs comeing to the house for a debt I don't owe

    I wouldnt worry about bailiffs, they cant take what you dont have. Keep your door locked shut if one appears on your doorstep.

    If you turned up at the Liability order hearing at the magistrates court, you could not have defended it anyway. The best way to defend it is a committal hearing and the court then has the power to throw out the assessment and order the CSA to adhere to your notices of a change of circumstances.
    I was told by citizens advice they would need prove I was working before they could apply to the court for a liability order then I phoned them and asked them about it which they said was untrue citizens advice was basically lying they say so I got no further forward with them and still have bailiffs coming to take all my partners stuff from the house

    Bailiffs cannot take someones goods for another persons debt. If anyone threatens your partner with breaking & entering, she must call police on 999 reporting a robbery in progress and a suspect still on the premises. Do not say the word 'bailiff' to the police. Try to video everything on your mobile. There are ways of dealing with bailiffs.

    To be honest I wouldnt fret over bailiffs, they cant do anything anyway if you are not there, and even if you were, you dont have the money so its a dead-end case for the bailiff and he just returns the case back to the CSA with a Nulla Bona (a certificate saying the debtor has no available assets).
    which in when I moved down I just brought my clothes how can that be fair she don't owe them any thing the csa is a big joke in its self they need to learn to do there jobs properly and stop blaming the father they need to listen to both sides to storys there are two partys not just the mothers my eldests mums ran off with him with no contact at all to let me know where she had moved to and changed her mobile number I haven't seen him in 8 years where is the justice in that by the way this is the one I am writing about who ran off. I sent my bank statements into the CSA to prove I have not worked since September 2005 which they said they never recieved even tho I have the post office recorded receipt and proof that someone signed for them,

    Keep this, you may need it for a tribunal.
    I had to send them again and once they did look through them they said they was only going to go back till April 2010. My new parnter and I have made loads of phone calls to them, been to citizens advice, tried to get a solicitor which I was told a solicitor would not be able to deal with the case as it is classed as a debt even tho I do not owe that amount.

    Most solicitors dont want to work in the dirty waters of CSA. Its a taboo among solicitors to be representing a client who has a quarrel with the state.
    I asked the csa if they would even take a payment of £20 a month which my partner would have to pay as I am still not working but they refused that.

    Strange to see the CSA refusing a payment. If this were a consumer debt, your liability is discharged.
    They said the payment had to be cleared in 2 years which is impossible for me to do. Please help,

    If you dont have the money, there is nothing the CSA can do about it.

    I do not know what else to do. I am at my wits end, have severe depression and can not cope with this any longer. My relationship is breaking down because of the bailiffs due to come to the house and possibly she may lose all her belongings as I am living there. She has 2 sons herself. This is really not fair on them or myself. I would be grateful if you could advise or help in anyway.:cry:

    Are you working? If not then put in a claim for Job seekers allowance and NOTIFY the CSA. That will stop any new liability accruing hereforward. Do this online now.

    I suggest getting your files from the CSA, Others on this forum can advise how to do this. but they may only provide documents and decisions that are less than 6 years old, so specify on your written request, you want information as to how the WHOLE liability accrues, and not whats accrued in the last 6 years.

    I think you need to speak to NACSA, explain that your are dyslexic and communication is very difficult for you. Ask they look over your case and see if there is any ommission on the CSAs part of your notices of change of circumstances. If you have a case, then a tribunal is the only way to resolve it.

    Tribunals may only be able to deal with a wrong decision. We might be dealing with clerical errors. If this is the case, then contact your MP and ask the Parliamentary Ombusdsman to intervene.
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    OP, there is no point in "phoning" the CSA now.

    You MUST (or ask someone on your behalf) write to them.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    I agree whole heartedly that you MUST do everything in writing, and that you must involve your MP as well... Make an appointment to see him ASAP and tell him the whole story of what has happened, they like us, are not keen on dealing with the CSA, but it is there job to represent you, and as such will do so. The CSA will answer them when it is possible they won't answer you. But a cheque for £10 to ask for your data protection file is definitely a must, they have to include everything in it, including recorded conversations on disc. So this will tell you exactly what they have and don't have, remember that the person dealing with the data request will only read and delete your partners details, they are not looking for anything they may of said they have not received, and as such, a recording may well say they never got it, but it is indeed in the file.

    This is all stuff you need to get and find someone to read through with you and document in order as to details, so you have an index if you like, making it much easier to show your MP.

    Hope you have someone who can help you, it is not something worth getting depressed over though, and ask your g/f to read these posts, if the bailiffs knock then you must NOT let them in, keep them on the doorstep and politely tell them to go away they have no reason to be there, and if they refuse call the police reporting a harassment. She need not worry, if all the belongings are her, they cannot take anything, and to take it they must prove you paid, and going by what you said they cannot as you have not had any money in your bank to pay for stuff.
  • thanks very much matt that is a great help
  • I agree whole heartedly that you MUST do everything in writing, and that you must involve your MP as well... Make an appointment to see him ASAP and tell him the whole story of what has happened, they like us, are not keen on dealing with the CSA, but it is there job to represent you, and as such will do so. The CSA will answer them when it is possible they won't answer you. But a cheque for £10 to ask for your data protection file is definitely a must, they have to include everything in it, including recorded conversations on disc. So this will tell you exactly what they have and don't have, remember that the person dealing with the data request will only read and delete your partners details, they are not looking for anything they may of said they have not received, and as such, a recording may well say they never got it, but it is indeed in the file.

    This is all stuff you need to get and find someone to read through with you and document in order as to details, so you have an index if you like, making it much easier to show your MP.

    Hope you have someone who can help you, it is not something worth getting depressed over though, and ask your g/f to read these posts, if the bailiffs knock then you must NOT let them in, keep them on the doorstep and politely tell them to go away they have no reason to be there, and if they refuse call the police reporting a harassment. She need not worry, if all the belongings are her, they cannot take anything, and to take it they must prove you paid, and going by what you said they cannot as you have not had any money in your bank to pay for stuff.



    thanks kevin137 yeah i have asked her to read them just not sure which way to go around things i have phoned my mps office and sent an email to her the office said basically do not no if it would make any diffrence so still no further forward they said they would write to them though so hopefully that may work
  • how do i obtain my data protection file and who do i have to ask for it as not sure how too and will it have every thing that i need to prove my point to the csa
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