CSA Arrears

Shadrack

Looking for some advice please. I have 2 children whom I pay maintenance for, in November 2011 my daughter came to live with me, so I contacted the CSA to ask what to do Regarding payments. They advised me that I could either a) keep paying for my son and make my own claim for my daughter or b) speak to their mother and agree that neither of us claim and the case be closed. I tried option b to no avail, so I began a claim for my daughter, and ceased my payments to her. In March 2012 I received a call from the CSA to say that Mother had been in touch to say she was closing the case, and i would receive confirmation. (I presume she had received a payment schedule that was more than she was receiving from me.) I asked if I would have any arrears to pay and was told if I dropped my claim then there would be none, so I agreed.

I then received the confirmation letter stating the case for my son was closed however it said "we will look at your case to see if there are arrears and will contact you separately about this". I called them and was told to ignore it and no arrears would be due.

My daughter moved back to her mum's in Jan 2013 and CSA have now contacted me with a new schedule including arrears! I called to tell them it was wrong to which I was told that "yes it did appear to be wrong" and they would look into it. Today I received a letter showing all payments I have made and a schedule showing payments that have been due. And surprise, surprise there is arrears for my son from Nov 2011 to March 2012! Again I have rung and explained, to which I was told that I do owe it as that case wasn't closed until March. And that as I closed my claim for my daughter before it began, there is nothing that can be done.

Please help as this surely can't be right. Does anyone know if phone calls recordings can be retrieved from them?

gingergee

They sure can, I'm sure the experts on here (they are clued up and unbiased) will give you the full lowdown but i think it costs about £10 and you get your file. Can't quite remember the name, but my reply will bump your query then someone will answer!!!
Sorry i cant help more!! Fair play though for being a good dad x

kevin137

Just out of interest, when you opened your case, which you say you did, did you ever close it...???

This may be worth chasing, as if you only closed it when she closed hers, then in theory she would owe you money as well...!!!

So ask why she doesn't owe you...!!!

Shadrack

Thanks gingergee I have now sent a request for all the info and hopefully the phone calls will be sent aswell.

Kevin, I have asked the very kind, polite and helpful (not) lady who is dealing with the case about this, and her reply was "as you agreed not to continue with your claim before the case was was active, means that the case doesn't exist on the file anymore, so you can't claim"
Firstly I find this hard to believe as there must be copies of letters etc which were sent out to their mother. Secondly, I did not close the case in writing, it was just done over the phone, in the same phone call that I was told there would be no arrears!
I am now wondering if it is worth pursuing and saying that I didn't close the case, so it would force them to find the recording of the phone call to prove i did, but also prove that i was told there wouldn't be any arrears. But I am not comfortable with lying about it.
Hopefully it won't come to that and the recording will be sent with the info I've requested.

kevin137

Yes it would be worth pursuing, Make a formal complaint, and an application or 2 one for each case for ALL data under a SARS request, you must pay £10 for each claim, but they must also supply ALL data including recorded phone calls.

It doesn't matter if they say the case was closed, if you opened it, and they started work on it, then it will have a case number and has to be kept...! This is subject to the Data Protection Act, and they will have to provide it.

If you did suggest in the phone call that it be close, then that is enough, as it is recorded, however, she would of been notified, and a schedule should of been completed meaning arrears exist... If not WHY NOT...

The same phone call will suggest or should that there are no arrears, and if they say this, this is what you need. They will claim it is a mistake, and you can claim the closing of the case is a mistake using the same legislation that it WAS NOT IN WRITING...

Good luck...

Shadrack

Thanks Kevin, your advice is much appreciated. I will post again once I know anymore.