How can this be right?

HoneyNutLoop

Marisco - there was phasing going from CSA1 to CSA2, whether it went up or down the same phasing rules applied. However, according to the various consultation documents, due to the overwhelming negative feedback about phasing, CS3 does not have any phasing, whether coming from CS1 or 2 or going up or down.

HoneyNutLoop

Darna wrote: »

Edited -just had a thought, I have a link with a new case (PWC has put a claim in for her other ex partner) I think he would have been put on the latest system and because there's a link, we need to both be on the same system, I think that's maybe why I was told I couldn't reopen

I don't think so - while that was the case for CS2 linking rules it isn't for CS3 linking rules. For CS3, NRP's can't have multiple cases across multiple schemes - they all have to be on the same scheme; but PWC's can. So your PWC's new case shouldn't have impacted yours.

Darna

Hmmm, I've been well and truly messed around by CSA lady in the phone then, she has given me all wrong info

So I should have stayed on CSA1 until I was naturally transferred

Darna

I would put an application in to reopen the case under CSA1, I reopened my case within 13 weeks and its been put back on the system it was on previously, feel free to PM me

slr89 wrote: »

Hi, I have recently been re-assessed under CSA1 and been told it will be nil, the same as it has been for years. However, I received a call from CSA today stating that the PWC has closed the case. Later today PWC called me saying that I earn “loads” and that she’s going to “get hundreds off me” by re-opening the case under CSA2 rules as that’s what the assessor looking at our case has advised her to do. She’s now demanding money right now or threatening to open the case under CSA2 rules in 5-6 weeks.

I rang the CSA to see what’s going on and they said that she can open the case (after 13 weeks) and it will indeed be under CSA2 rules. They also said it will be a considerable amount I’ll have to pay.

I just don’t understand how I can go from getting a nil award to needing to pay a considerable amount? I’ve looked on these forums but all I can see is that high mortgage payments/rent makes a difference between CSA1/2 but my rent is not in any way extortionate for this area.

To make things clear, I have always made reasonable regular payments to the PWC (as much as I can afford) despite being given a nil assessment for years, part of that on benefits. I’d just like to understand how this can be correct, given that everyone seems so frightened of CSA1?

Damien666

Pls pls pls can anyone help ???!!!
I have the csa chasing me for £12k in back pay based on what they thought were my actual earnings over 6 years. Well they got their figures wrong and were miles out. They wrote to me when my ex partner first contacted them but I simply ignored their letter and buried my head in the sand as I was depressed and the kids mum wasn't even allowing me to see my kids. Now they have wrote saying they want this back pay.
Well the situation has changed, I fought mum to get to see our kids and after a long battle I got a shared care agreement with the outcome being that our kids stay with me (dad) 4 nights out of every 7.
Now the problem is I need to get the csa to see that their calcualtions were wrong based on the fact that they estimated my salary to be 3 times more than what it actually was.
Is there any formal/legal way I can get them to look at my case again and work out/ change the figure that they believe I owe them ?

fabforty

Damien666 wrote: »

Pls pls pls can anyone help ???!!!
I have the csa chasing me for £12k in back pay based on what they thought were my actual earnings over 6 years. Well they got their figures wrong and were miles out. They wrote to me when my ex partner first contacted them but I simply ignored their letter and buried my head in the sand as I was depressed and the kids mum wasn't even allowing me to see my kids. Now they have wrote saying they want this back pay.
Well the situation has changed, I fought mum to get to see our kids and after a long battle I got a shared care agreement with the outcome being that our kids stay with me (dad) 4 nights out of every 7.
Now the problem is I need to get the csa to see that their calcualtions were wrong based on the fact that they estimated my salary to be 3 times more than what it actually was.
Is there any formal/legal way I can get them to look at my case again and work out/ change the figure that they believe I owe them ?

You really need to start your own thread - use the blue button on top left of the screen.

CSAworkerx

Damien666 wrote: »

Pls pls pls can anyone help ???!!!
I have the csa chasing me for £12k in back pay based on what they thought were my actual earnings over 6 years. Well they got their figures wrong and were miles out. They wrote to me when my ex partner first contacted them but I simply ignored their letter and buried my head in the sand as I was depressed and the kids mum wasn't even allowing me to see my kids. Now they have wrote saying they want this back pay.
Well the situation has changed, I fought mum to get to see our kids and after a long battle I got a shared care agreement with the outcome being that our kids stay with me (dad) 4 nights out of every 7.
Now the problem is I need to get the csa to see that their calcualtions were wrong based on the fact that they estimated my salary to be 3 times more than what it actually was.
Is there any formal/legal way I can get them to look at my case again and work out/ change the figure that they believe I owe them ?

Just prove that its wrong, If you were unemployed for a period, we will be able to see that using traces, if you moved jobs and income changed, contact ure old employer, If your arrears are wrong, youll be able to prove that, however, ignoring the csa for years means your going to have huge arrears reguardless, shouldn't be a shock, if you read the letters it clearly states your liable from X date, that date might be 5 years ago, but it doesnt disapear, im glad you got acsess, but kids are not pay per view, so the fact you have a bill wont make me sympathetic, people need to realize paying for children is a part of life, make one, pay for it!

slr89

I wonder if anyone could please offer me some more advice?

I opened my own CSA case under CSA1 rules and was told that all was going ahead OK. However, I've been told today that the case has been closed as when it went to "clerical" they looked at the legislation and it states that the NRP cannot re-open a case that the PWC originally opened.

Does anybody know what this means please?

TIA

PreludeForTimeFeelers

slr89 wrote: »

I wonder if anyone could please offer me some more advice?

I opened my own CSA case under CSA1 rules and was told that all was going ahead OK. However, I've been told today that the case has been closed as when it went to "clerical" they looked at the legislation and it states that the NRP cannot re-open a case that the PWC originally opened.

Does anybody know what this means please?

TIA

It sounds as though what they're saying is that the original case can't be reopened, ie the one where you were assessed as having a nil assessment, and instead you'd have to open one on the new 2012 scheme, where the assessment is based on your gross income.

I'm not familiar enough with the legislation around re-opening CS1 cases to know if this is correct or not.

HoneyNutLoop

slr89 wrote: »

I wonder if anyone could please offer me some more advice?

I opened my own CSA case under CSA1 rules and was told that all was going ahead OK. However, I've been told today that the case has been closed as when it went to "clerical" they looked at the legislation and it states that the NRP cannot re-open a case that the PWC originally opened.

Does anybody know what this means please?

TIA

This is incorrect in law. Correct law reference:
http://www.legislation.gov.uk/uksi/2013/2947/article/4/made

It doesn't matter who the applicant is, if the new application names the same NRP, PWC and qualifying child as a case that has closed within the prior 13 weeks, it is not treated as a new application but as an existing case and is calculated under whichever scheme the prior case was assessed under.