CSA Arrears out of the blue

AndyPie

Hi,
Just after some advice really, around 2002 I was self employed and the CSA contacted me even tho I had an arrangement with my sons mother and had him 3 days a week.
I then was sent a letter stating £120 a week payable I argued this over a period of 10 months in which they demanded I give them them £3000, which I couldn't because I was really struggling.
I then ended up on JSA and heard nothing from them since this week.
Since then I've been self employed on and off for a few years till approx. 4 years ago when I had no option but to look after my severely disabled partner and only receive Carers Allowance for myself.

When I contacted them this week they threatened me with court action and that my goods would be seized etc (not that I have anything to seize.)
She then told me by law I have to pay the minimum payment of £7.10 per week even tho I only received £58 Carers Allowance and I would still be referred to the legal department.

They also said it was a straight forward case and only wanted payment for the 10mth period as the case was now closed.
Her attitude wasn't very pleasant to say the least, I was told things like get a loan to pay it off and said for all she knew I could have thousands stashed (I wish.)

Can anyone give me some advice on what I should do next or what they will do.

Please don't paint me out as a bad dad I have seen or spoke my son practically every day, even tho he has just turned 20 and have always tried to do right by him.

RAS

Did you ever record the changes in your circumstances with the CSA?

AndyPie

They were told at the time I was unemployed at the end of this 10month period, apart from that I never spoke to them.

RAS

Di you ever write?

You need to do so now and demand your entire file including phone calls. If you are lucky, your call notifyign them will be logged. if not, they will have been racking up debt against you for years.

AndyPie

I asked them on the phone, I said what if I have worked on/off after that 10mth period or if you want more money she said no, you only owe £3000 odd and no future debt forth coming and case is now closed and is one of the most straight forward cases she has seen.
I presume because he has turned 20yrs.

They do have previous details of what I have said to them, she confirmed pretty much every conversation.
I asked them to send me a letter confirming what I owe and the amount that is the least payable, that arrived today which I didn't expect tbh.

Rustic100

RAS - would it make any difference if Andy Pie had informed the csa years ago. If he had and they had ignored his information would that make any difference?

kevin137

1stly, make an application under SAR for all the info the CSA hold on you including call recordings in audio format, this costs you £10 and is money well spent...!

This may include calls way back when and any letters you sent them they sent you etc, but more importantly, it will include the copy of the recording in which she was rude and advised a loan etc, this is NOT legal, and you may have a claim against them for compensation...

It was always my understanding, that unless they have had training for financial matters they cannot advise you to do anything, and this is a serious breach, that needs to be brought to light, but with the involvement of your MP and screaming loudly, you may get something sorted...

This is where i would start, and in the meantime pay the minimum they require, but do it at your leisure and not theres, never agree to a DD as they can change this on a whim...

Also, remember, that unless you have had in writing that the CASE IS CLOSED this cannot be the case, and they CANNOT close a case with arrears, so ask them to confirm this in writing, if they do, it is another formal complaint and possibly a closure to the case, as this is there legislation. If a case is notified as closed then it has to be fully closed meaning NO arrears...

AndyPie

Hi again,

Ive recieved an Enforcement letter today saying they are applying for a liability order.
Made a few minium but thats been hard due to xmas, what exactly does the order do is it a matter of routine for them?

Thanks.

kevin137

It is a matter of routine yes. However they will also tell you this is a formality and you cannot object to the application and that it will be granted regardless.

You must understand that if you are objecting to the amount that is owed, then you must appear before the court and state your objections, you do NOT need a solicitor to do this, and do not believe the CSA when they tell you that you do not need to go.

If you object to the amount owed, then legally the CSA cannot obtain the LO, there is now a president for this, easily searched, but you have to understand you can only object because the amount is wrong...!!!

Did you apply for your files under SAR as suggested after your 1st post, if so, then this gives standing for getting the correct data and would give you grounds for an adjournment if the paperwork had not yet turned up, you could also get an adjournment if it had only just turned up, as you would need a reasonable 28 days to get through any paperwork sent to you. No court would suggest less for CSA paperwork, it would not be enough time and would give rise for reason to appeal any decision.

The actual order itself means nothing, it is what they can use it for after that is frightening, such as removing passport, driving license, charge on house, attachment of bank account, possibly bailiffs etc. So do not take it lightly even thought the order itself does nothing...

CBU2004

AndyPie wrote: »

Hi again,

Ive recieved an Enforcement letter today saying they are applying for a liability order.
Made a few minium but thats been hard due to xmas, what exactly does the order do is it a matter of routine for them?

Thanks.

I have heard they turn up with no evidence at all and try fob you off before hand telling you it is just routine and you do not need to attend, (make sure you do, not attending is you basically saying "guilty") Attend and show/prove your willingness to pay, even if you are currently fighting against the amount...

kevin137

Read a little more about this

http://www.marilynstowe.co.uk/2012/10/31/child-support-agency-routinely-breaching-the-human-rights-of-fathers/

and then challenge them...!!!

It is not about getting out of paying, and if you owe it, then you will ultimately only make things harder for yourself if you do not pay. However, they must PROVE you owe it, so straight away they are under an obligation to provide you with evidence of the debt in court for the LO to be successful...