CSA Arrears Next Step?

guruchelles

Morning All,

Happy bank holiday!

So, finally, after 15 months, the CSA have got back to me about my claim against the NRP. There was a change of circumstances in January 2012 that prompted me to call them, but they are backdating the claim until some point in 2008.

I've not received the paperwork yet, but the caseworker told me on the phone that the NRP should have paid over £10,000 between 2008 and now. I believe he has paid half of this, and so owes around £5000.

Apparently I am to receive a prepaid envelope in which to send details of what he has paid. I guess he will have to do the same so the CSA can see if we agree? I spent a long time going back through old bank statements, emails, and so on, and am able to list and date every payment since 2008 to produce what I think is an accurate figure (he's paid with bankers drafts and postal orders over the years).

My question is, what happens after this? I can't see how he can say he's paid more because it simply won't be true. Once his arrears figure is agreed at £5000 (odd) how long will he have to pay it? How much can they take from him (presuming his regular payments will be increasing too as this is due to prolonged underpayment)?

I don't want him to be destitute, but I want this money within a reasonable time. We have evidence that he's been deliberately underpaying.

Thanks in advance!

Debicj

Sorry if this isn't what you want to hear but I wouldn't count on getting the arrears paid to you any time soon!

I was in a similar situation and was owed a substantial amount. To cut a long story short, the arrears were not paid monthly but I got the odd payment here and there. After chasing it up for a couple of years with the CSA, I eventually got the ICE involved and got an advance payment from the CSA (when they pay up front and collect the arrears later from the NRP). It took ages to sort out and involved a lot of letters, phone calls etc.

You are half way there if you can get an actual figure agreed for the arrears, but getting the payments may prove to be difficult. Good luck with it!

justontime

I think they will accept your figures showing how much he has paid, but he can appeal the decision if he thinks it is wrong or if he believes it should not have been back dated and this could take some time and may result in the assessment being reduced. Assuming that their present calculation is correct he will be put under pressure to pay as quickly as possible, usually they want it cleared within two years but. As far as I know this is only a target not a regulation and it may not be possible to achieve that.

guruchelles

Thanks both. The case is currently with a complaints caseworker, or whatever they call them. I also have my MP involved (which had the effect of them accelerating the case to this current caseworker).

I am hopeful that something will be paid back because, to be fair to the NRP, he's regularly paid maintenance (just at a low rate). I'm just confused as to how much they'll make him pay and whether or not they'll go straight to a DEO.

He currently pays £130pm straight to me, but I think he should be paying about £200pm PLUS something towards paying the debt. If they want him to clear the debt within two years that's an extra £200pm.

kevin137

If the claim was originally 2008, and you applied for a change of circumstances in 2012, and they then backdated this to 2008 then he has grounds for appealing it. As they cannot back date an assessment only correct a wrong one. And this cannot just be done because they feel like it.

This is going to be a long drawn out process. And if they push it and impose a DEO with arrears to be collected in the assumed 2 years, which by the way is unlawful, then your ex may well decide he is better off unemployed, or start job hopping...!

If he job hops, then he is under NO obligation to tell the CSA of any change of circumstances, or that he has started work, the only obligation comes for a DEO, and if he leaves one job and starts another, then there is no obligation...!

You need to weigh up how hard he needs to be chased and if it is worth risking getting nothing by pursuing this...

If you truly believed it was wrong, then why wait 4 years for a change of circumstances...???

emsywoo123

kevin137 wrote: »

impose a DEO with arrears to be collected in the assumed 2 years, which by the way is unlawful

If he job hops, then he is under NO obligation to tell the CSA of any change

Eh? Unlawful DEO? No need to report change of circs!?

guruchelles

kevin137 wrote: »

If the claim was originally 2008, and you applied for a change of circumstances in 2012, and they then backdated this to 2008 then he has grounds for appealing it. As they cannot back date an assessment only correct a wrong one. And this cannot just be done because they feel like it.

This is going to be a long drawn out process. And if they push it and impose a DEO with arrears to be collected in the assumed 2 years, which by the way is unlawful, then your ex may well decide he is better off unemployed, or start job hopping...!

If he job hops, then he is under NO obligation to tell the CSA of any change of circumstances, or that he has started work, the only obligation comes for a DEO, and if he leaves one job and starts another, then there is no obligation...!

You need to weigh up how hard he needs to be chased and if it is worth risking getting nothing by pursuing this...

If you truly believed it was wrong, then why wait 4 years for a change of circumstances...???

I didn't. The claim started in 2007. There was a nil payment assessment as he was on benefits at that point, but he soon got a job and started paying something (what he always said was the right amount).

In Jan 2012 he got a new job, but told me he wouldn't be paying more, which prompted me to report the change of circumstances.

The reason it's being backdated until 2008 is because he reported a change of circumstances in 2008 but the CSA did nothing about it. They just shelved the file.

The whole time he would come to me and say "I know exactly how much I should pay and it's this much". He's been very controlling about it. He's never told me how much he earns (or lied about it) and it got to the point where I suspected so strongly that he was underpaying that I wanted to just let the CSA deal with it.

I appreciate that the arrears dates back quite a way. I only expected them to go back to Jan 2012, but they've done it this way. At least it'll be some come-uppance for knowingly underpaying for so long.

justontime

It sounds as if you are probably better to have the payments made through csa, if he has been controlling. However I don't think you should rely on the figures that csa have given you as it sounds odd to say the least. I think it is very likely that your ex will appeal, go to his MP or do whatever he can to challenge/change the assessment. I hope you at least get him to pay the correct amount from now on.

kevin137

emsywoo123 wrote: »

Eh? Unlawful DEO? No need to report change of circs!?

If they impose a DEO which accounts for arrears and those arrears are calculated to be cleared in 2 years, then you would have a claim for the DEO being unlawful, as a debt cannot be forced to be settled in anything other than a reasonable time, which can be upto 5 years...!

Debicj

Get a copy of your files to make sure you have it on record that the change of circs was noted in 2008. I found that a lot of info was missing from mine but fortunately the important bit was there. This helped a lot when the ICE got involved.

Sensemaya

guruchelles wrote: »

Apparently I am to receive a prepaid envelope in which to send details of what he has paid.This is a new one on me.In what manner are you to send the details on? A piece of paper with every payment that has gone into your bank account? I guess he will have to do the same so the CSA can see if we agree? I spent a long time going back through old bank statements, emails, and so on, and am able to list and date every payment since 2008 to produce what I think is an accurate figure (he's paid with bankers drafts and postal orders over the years).Yes the CSA always want their 'clients' to do the legwork for them.

My question is, what happens after this? Just have to play the waiting game and see what they come up with next. I can't see how he can say he's paid more because it simply won't be true. Once his arrears figure is agreed at £5000 (odd) how long will he have to pay it? You should receive an advance payment. How much can they take from him (presuming his regular payments will be increasing too as this is due to prolonged underpayment)?

I don't want him to be destitute, but I want this money within a reasonable time. We have evidence that he's been deliberately underpaying.

Thanks in advance!

Just keep doing everything through the MP -including providing above info of payments.Keep the pressure on.