Whits end.... Help!!!!!

lannes

My partner separated from his old flame back in 1993 leaving 3 children behind(she met a new man).The CSA got involved and he was paying her roughly £98 per week for the children plus school uniform school trips new trainers £1,000 every christmas basically because she said if he didnt he wouldnt see his kids.In 2003 he became ill with depression(suicidal to be exact) so was on benefits so the payment which were taken from his wage stopped.He got threw his illness with alot ov help and support.In 2006 he decided to become self employed and we started paying her money again school uniform trainers holidays abroad and the money at christmas even her bills ! Then in 2009 we received a CSA bill for arrears for £38,000 which we gob smacked so he got on the phone tried sorting it out like you do (even though you got no joy and were passed from 1 person to another),then they sent him a new "revised" bill for £32,000,once again phone calls were made telling them what we had paid her cause of the threats not to allow him to see his children (she had changed the childrens names by this time aswell from his surname to hers without his concent),were now in 2012 and they are still on our case,they refuse to acknowledge he was unemployed in 2003 because he didnt put it in writing but he did inform them over the phone a new bill has arrived £18,000 to pay NOW or i we will loose our home,i dont know where i stand because i purchased this home alone and added him to the mortgage so we could remortgage 10yrs after im now stressing to hell hes back to been depressed and im scared hes going to go down hill again iv 3 children aged 5-7-13 which im scarred for them ending up on the streets my partner has no work coming in hes self employed im struggling to live day by day,he offered to pay them £20 a week which is realistically all we have left and theyv refused so any advice out there would really help .....am i gonna wake with a for sale sign outside my home !!!???

skibadee

Wow....I sympathsise with you, you need to apply for your data files, I think they charge £10 for this now? When we got ours there were hundreds of pages to go through....so be prepared for a long read!...if your partner contacted them to inform them of being unemployed hopefully there will be a note of this in there....but don't count on it!!

I am surprised they have only just given you a revised amount for arrears considering they first brought this up 3 yrs ago, are you sure you've had no other correspondance from them regarding arrears in that time?

I doubt they would take yr home straight away, they will probably apply for a Liability Order, beware that they can under CSA1 take upto 40% of nett wage.

Their guidline...and it is only a guideline...is to collect arrears within 2yrs!!.

Is/was the PWC on benefits at anytime? if not and the if arrears are all due to her you may be able to come to an arrangement with her regarding them, but she would have to contact the CSA to say that she'd agreed to that?
Are you still paying regular maintenance?

Never pay any money to ex without being able to prove you paid it, you certainly are not liable for her bills, but I can understand the bigger picture of wanting to help because of the children.

clearingout

please try not to panic! I am on the other side of this - in that the CSA are currently taking my ex to court for an Order of Sale - and I have done a bit of research to see how likely it is the Order is made.

Have a look at this link first:

http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/charging_orders.htm

It's about Charging Orders first but if you read through it you'll get an idea of what the CSA are now going to have to go through before they get to the Order of Sale bit - and there's a bit about Orders of Sale as well. Hopefully after reading it all you'll feel calmer.

As you are a) a joint owner and b) you have dependent children, an Order of Sale is very, very, very, very unlikely.

Now breath...

All that said, you're still going to have to get it sorted. Have a look at the NACSA website - there are templates on there as to how to go about getting your file from the CSA which is your first thing you need to do. I haven't used the NACSA myself but they do have a good reputation and are cheap compared with solicitors - it may be worth a phone call to see if they can help you and at what cost.

Once you have your file, you can begin to get an idea of what's gone wrong. You will probably also find it beneficial to get your MP involved. What is really problematic is whether or not they are going to accept that you have been paying regularly via a private arrangement and as such, less/no money is owed. How is the relationship with the PWC?

lannes

we got the letter in 2009 after hearing nothing since he informed them ov him becoming unemployed in 2003 he has proof from jsa that he was on incapacity benefit but they say they have the same but because he didnt put it in writing they arent going to deduct it from his arrears !! his argument is how can they not deduct it and also why it took 6yrs to inform him of the arrears and letting it get to a large amount instead ov getting in touch when the amount was managable they said they were going threw a change over !! wat ever that meant !......she was claiming wtc as far as im aware.im just more scared its gonna drive my partner to do something stupid then my children wont have a father at all plus its affecting my 13 yr old son aswell.

kevin137

If she was claiming then it is a debt to the SOS, meaning the government.... They will not give up without a fight...!

Involve your MP as quickly as you can, and file a formal complaint with them for negligent handling of your case...!

6 years is a long time for them to have NO contact and it is my understanding that they have to produce a new schedule every 12 months, meaning 6 occasions when they should of notified you of your schedule of payment. If they did not notify you then they have failed and you have a case against them...!

CSA_Help

lannes wrote: »

we got the letter in 2009 after hearing nothing since he informed them ov him becoming unemployed in 2003 he has proof from jsa that he was on incapacity benefit but they say they have the same but because he didnt put it in writing they arent going to deduct it from his arrears !! his argument is how can they not deduct it and also why it took 6yrs to inform him of the arrears and letting it get to a large amount instead ov getting in touch when the amount was managable they said they were going threw a change over !! wat ever that meant !......she was claiming wtc as far as im aware.im just more scared its gonna drive my partner to do something stupid then my children wont have a father at all plus its affecting my 13 yr old son aswell.

If you can provide proof to say you called them then there is legislation in place that allows the CSA to go back and review cases when benefits were claimed. This was applied at tribunal and it was acknowledged dating back to 2003


The Child Support (Miscellaneous Amendments) Regulations


(4) In Schedule 3D (effective datesfor supersession of child support decisions)([FONT="TimesNewRoman]c[/FONT])—

(a) in paragraph 3 (decisionbackdated to when the change occurred)—

(i) after sub-paragraph (a), insert—

“(aa) a relevant other child dies orceases to be a relevant other child;”,

(ii) omit “or” at the end ofsub-paragraph (c), and

(iii) after sub-paragraph (d), add—

“; or

(e) the non-resident parent begins orceases to receive a benefit mentioned in

regulation 4(1) of the MaintenanceCalculations and Special Cases Regulations

(flat rate) or begins or ceases to bea person who receives, or whose partner

receives, a benefit referred to inregulation 4(2) of those Regulations.”;

WYSPECIAL

First thing is stop worrying about losing your home.

They can apply for all sorts of things but what judge is going to put three kids out on the street.

I would advise making a data protection act request for all the information they have on him. Will cost you £10 but well worth a look through especially when you find details of that phone call!