How far back can the CSA collect arrears? _UPDATE

kazzah60

Hi there - I hope someone here might be able to help me
my DH has a son aged 34 who he used to pay maintenance for via a court agreement many many years ago

we were contacted by the CSA in 1990's ( sorry can't remember when) who wanted a substantial sum of his wages long story short we may have gotten into some arrears

DH then had an accident and became very ill and eventually lost his job and was living off incapacity benefirts for 5 years

at some point the CSA contacted us again saying they wanted us to pay maintenance for his son who was by this point in the Army and earning more than DH

we thought it was sorted and TODAY I have taken a phone call for DH - it sounded odd so after the call ended I called the number back and it was the CSA

it must be at least 15 years since we had any contact with them and I am positive there are no other little hubbys around that he needs to pay for- so my question, if anyone can answer it, is how far back can they chase us for the money?

we have JUST started to get back on our feet after DH has had a long period of unemployment and now I am worried sick that we are being chased for something we can't actually afford

any advice would be very much appreciated

Marisco

If the arrears are owed to the Secretary of State (which they might be if it's from the '90's) then I don't think there is any limit to the time they can ask for repayment. I think your best bet would be to write to them, (recorded delivery, as mail has a habit of "going astray" with the CSA) and ask for clarification on what is owed to who, and how much.

If the arrears are owed to the SoS, then you need to arrange a payment plan with them, they'll not give up!! . If they are owed to the ex, then your oh might be able to come to an agreement with her to write to the CSA and say that she doesn't want to pursue collection of the arrears. But first you need to write to the CSA to get the "full picture" of what is going on.

shoe*diva79

As above. Be aware tho, the PWC can at any point ask for repayment of the arrears so its best to check out what is owed and that the figure is correct, and then come to a payment arrangement. The CSA aim to collect arrears in a 2 year timescale.

kazzah60

Thanks so much for this information - hubby has phoned the CSA (i texted him!) and says he will update me later- so I will let you know what they have said

the annoying thing was that when it was run by the court system he had the money deducted from his wages and never ran into arrears and then the CSA was brought in and things got soooo messy!

we will pay what is owed - but we need to find out whats what!

Marisco

kazzah60 wrote: »

Thanks so much for this information - hubby has phoned the CSA (i texted him!) and says he will update me later- so I will let you know what they have said

the annoying thing was that when it was run by the court system he had the money deducted from his wages and never ran into arrears and then the CSA was brought in and things got soooo messy!

we will pay what is owed - but we need to find out whats what!

I think you'll find that's generally par for the course with the CSA!! Their motto seems to be "If it's not broke, then we'll break it and f**k it up big style"!!

Sensemaya

Further to what the other posters have said is to contact the CSA and ask for a complete account breakdown from day one when the CSA took over the case.

"at some point the CSA contacted us again saying they wanted us to pay maintenance for his son who was by this point in the Army and earning more than DH

we thought it was sorted and TODAY I have taken a phone call for DH"

Do you have any paperwork relating to the CSA? Did you receive a letter stating the case was closed?

They state arrears must be paid within 2 years, but there is no legislation for this.

When they contact you again please say you wish to be contacted via letter only, ask for the complete account breakdown and make sure you take the officer's name and direct phone number. If they get stroppy or keep pestering then say you will be contacting your MP.

kazzah60

well - here we go
apparently he now owes £8000
for a claim from NOV93 until MAY 99 ( when his son was 20)

we have now spoken to them again and told them his son left school in 1995 at 16 and joined the army a year later

they have demanded money with menaces over the phone - telling my husband he needs to pay or they will attach his earnings for 40% of his salary- which if they do mean hubby won't be able to afford the 20 mile trip to work nor the mortgage - so we will end up homeless

I wouldn't mind - but they haven't even got the dates correct- the responsibility ends when the child is 19 or leaves full time education yet they are saying the claim wasn't closed until he was 20

surely there must be SOMEONE at the CSA who can count and work out that his responsibility would have ended in 1998 IF his son was in full time education !

apparently they are sending some paperwork out today - how nice of them to demand money with menaces BEFORE sending us the paperwork.................i feel a complaint coming on!

kazzah60

Sensemaya wrote: »

Further to what the other posters have said is to contact the CSA and ask for a complete account breakdown from day one when the CSA took over the case.

"at some point the CSA contacted us again saying they wanted us to pay maintenance for his son who was by this point in the Army and earning more than DH

we thought it was sorted and TODAY I have taken a phone call for DH"

Do you have any paperwork relating to the CSA? Did you receive a letter stating the case was closed?

They state arrears must be paid within 2 years, but there is no legislation for this.

When they contact you again please say you wish to be contacted via letter only, ask for the complete account breakdown and make sure you take the officer's name and direct phone number. If they get stroppy or keep pestering then say you will be contacting your MP.

Thank you for this ( our posts crossed!) the fact that they have INSISTED it be paid off in 2 years was what was causing hardship

I will be asking them to give me details of the legislation where it states arrears need to be paid off in 2 year then!

I will also be requring them to contact us via letter- I am DISGUSTED that they phoned our house, but then even more disgusted to find that they phoned hubby on his mobile while he was in a training course today - he was so embarrassed!

I'd love to know how they got our phone numbers!

Sensemaya

kazzah60 wrote: »

well - here we go
apparently he now owes £8000Oh really -where's the evidence!!!
for a claim from NOV93 until MAY 99 ( when his son was 20)

we have now spoken to them again and told them his son left school in 1995 at 16 and joined the army a year later

they have demanded money with menaces over the phonedoesn't surprise me - telling my husband he needs to pay or they will attach his earnings for 40% of his salary- and when are they going to do that?which if they do mean hubby won't be able to afford the 20 mile trip to work nor the mortgage - so we will end up homeless

I wouldn't mind - but they haven't even got the dates correct- the responsibility ends when the child is 19 or leaves full time education yet they are saying the claim wasn't closed until he was 20this is typical of them

surely there must be SOMEONE at the CSA who can count and work out that his responsibility would have ended in 1998 IF his son was in full time education !

apparently they are sending some paperwork out today - how nice of them to demand money with menaces BEFORE sending us the paperwork.................i feel a complaint coming on!Absolutely

As in my previous post don't speak to them over the phone. If they phone your hubs mobile he can decline to answer it.

Did you get the person's name?

If I was you I would contact your MP first thing Mon morn. I know I'm always advising people to involve their MP, but it's the only way to deal with the idiots. At the moment you are probably dealing with a case officer who, as well as being rude and menacing, is the lowest rank. Remember to report this person to your MP.

It pays ( excuse the pun ) to go the top and it will go to the top once you involve the MP. Same goes re: menaces.

I've had countless wrong account breakdowns.

Now both you and hubs need to sit down with a cuppa or glass of red:cool: enjoy your weekend, spend time gathering up any paperwork you might have and stop worrying.

Having your MP on board will create a paper trail -3 advantages here, proof of correspondence, they cannot lie ( because they do )and less stress on yourselves.

Stop worrying about paying the money off within 2 years...if there is any to be paid off.

kazzah60

well had the direct debit form through today
we sent a very scathing letter asking them for a breakdown of how the arrears had occurred

since Friday when they called us, and Saturday when we received a letter confirming the payment - the arrears have risen by 31p !!!!!!!
it was £8010.10 and today it is £8010.41

if some of the information I have read is correct then I believe hubby was only liable for £5 per week to be deducted from his incapacity benefit then we have calculated the arrears to be

19 months at £20 per month = £380
which is quite a lot different to £8010.41

I am still aghast that they can send a DD form without ANY breakdown of how the arrears have been calculated - I dread to think how many people have been driven to dispair over the incompetence of the CSA

I can't WAIT for a response to my letter........................

clearingout

how do you arrive at the £20 per month figure? There are usually more than 4 weeks in a month - 52 weeks in a year is 13 four week months, not 12. Sorry to pick - but you need to be sure of your own figures or you'll get nowhere.