Question For Kelloggs36

kelloggs36

But Strapped, they have scrapped that and are using more up to date guidance which states that arrears should be paid within 2 years.

Strapped

kelloggs36 wrote: »

But Strapped, they have scrapped that and are using more up to date guidance which states that arrears should be paid within 2 years.

Do you have a link, Kelloggs? I got that information from the CSA's website yesterday Surely the CSA should keep their guidance up to date for "customers" or are we all supposed to be mind-readers?

Also, is it "guidance" or "law"?

Strapped

http://www.csa.gov.uk/en/advisers/guides/csg/

Link to guides for advisers for old rules cases

If these are not current then the CSA ought to bloody well update them!!!!!!!

kelloggs36

It is guidance - yet they don't even stick to that it seems! These guides are indeed out of date but I don't have the new ones as I am not there at present. These have been out of date for some time.

Sensemaya

Strapped wrote: »

http://www.csa.gov.uk/en/advisers/guides/csg/

Link to guides for advisers for old rules cases

If these are not current then the CSA ought to bloody well update them!!!!!!!

Glad to see you are are looking at the sticky post and using the links I have provided!

The ONE good thing about the CSA is their website. It's very good if you can be bothered to look and do a bit a research. Bravo!

It is updated frequently.

Cozworth806

OK some background on arrears collections past and present.
The CSA used to do a calculation called an 891 (from the form used) it was the amounts based on 33% of Net income, 40% if non complaint and a DEO was looking to be issued, and the difference between the disposable income less liability + min amounts arrears (about £5.90 now) So if you had payments reduced because of being under protected income then you would only ever pay the min arrears amount. That was then!!!
Now the rules are, 40% as a starting point, 30% as an absolute minimum and the arrears balance has to be collected within two years. If it isn't then they can not only take the payments at 40% but also apply to court for a liability order, and yes I know this will mean that people will easily be left with less then the protected income amount.

Point to Note: The protected income level was set to ensure that someone payin the notional liability was left with more money than they would be by jacking their job in and going onto benefits, as the rates are exactly what a clainant used to get +£30pw and then an extra 15% on top. There is nothing equivalent under New Rules and I have seen families that would be better off not working than paying CSA money at the rate they are asking. The board don't seem to figure this one.

The Protected earnings limit for old rule DEO's is the single persons benefit of about £59, housing costs and childrens allowances. It is the same as exempt income level. The Protected earnings proportion is 60% of Net income as assessed, this is for new rules cases.

kelloggs36

Cozworth - can you tell me, when a Self Employed NRP who has been totally non-compliant has arrears, how do they negotiate them? In my case, my ex paid off most of the arrears (at the point when the Court was about to send him to prison) but there are still £3k outstanding. Ongoing liability has ceased due to QC no longer being a QC.

What they did was to come to an agreement that he would pay a fiver per week - that does not pay it off withing 2 years, but almost 12!!!!!

This is hypothetical as true to form, he aint paid that either and a Liability Order hearing date has been set for mid-Feb. After that, I have no idea whether or not they intend to enforce it as they feel sorry for him because he had to remortgage his house to pay off what he did, and they say that it would be unfair to take him to Court over it!!!!!!!

Strapped

Sensemaya wrote: »

Bah! Heard this all before. I get tired of hearing how badly off the NRPP always is. They should do their sums before they shack up / marry new partner with kids from previous relationship.

BTW - I have also been an NRPP,so I speak from experience..

I don't really care whether my comments are inappropriate or not and they certainly don't speak volumes about myself. You can't intimidate me...

:rotfl: And you can't drag me into a slanging match. I think we can all see clearly what YOU are.

Welcome to my ignore list.

Strapped

kelloggs36 wrote: »

It is guidance - yet they don't even stick to that it seems! These guides are indeed out of date but I don't have the new ones as I am not there at present. These have been out of date for some time.

Thanks, helpful to know.

Cozworth806

kelloggs36 wrote: »

Cozworth - can you tell me, when a Self Employed NRP who has been totally non-compliant has arrears, how do they negotiate them? In my case, my ex paid off most of the arrears (at the point when the Court was about to send him to prison) but there are still £3k outstanding. Ongoing liability has ceased due to QC no longer being a QC.
What they did was to come to an agreement that he would pay a fiver per week - that does not pay it off withing 2 years, but almost 12!!!!!
This is hypothetical as true to form, he aint paid that either and a Liability Order hearing date has been set for mid-Feb. After that, I have no idea whether or not they intend to enforce it as they feel sorry for him because he had to remortgage his house to pay off what he did, and they say that it would be unfair to take him to Court over it!!!!!!!

It really shouldn't matter, all CSA staff are under orders to recover in two years!
From what you say it sounds like they already have the liability order, unless it is for a later period until the case closed.
The worst cases for agreements are those where the case goes for committal as the magistrates have the power to impose any amount for him to pay, and often do, to keep him out of jail. That may be why they accepted such a low amount.

You should find that the court officers and enforcement section will be holding to the line that it has to be paid off in 2 years, or about £250pm!
You know the score that if the liability order is granted then a charging order etc is next, but make sure they see how he paid the previous money, as if they now hold a bank account they could do a 3rd part debt order, to hopefully freeze any money in the account.