CSA 18 year old debt.

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  • kog18
    kog18 Posts: 7 Forumite
    The account breakdown will be my next action, then I will be sending them letter after letter until they clarify each of my concerns and further letters will ensue until I'm either happy with their assessment or I remain in dispute.The first time dealing with this shambles, called the CSA, they took advantage by creating these arrears. This time around I will not just roll over and be eff'd over.

    I believe the following will apply to my case since the arrears accrued 1999?

    There is usually no time limit within which the CSA or CMS can collect child maintenance arrears. However, no liability order could be granted from 12 July 2006 for maintenance due before 12 July 2000.
  • pmduk
    pmduk Posts: 10,655
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    kog18 wrote: »
    However, no liability order could be granted from 12 July 2006 for maintenance due before 12 July 2000.

    IIRC yes, but that will not stop them from using all and any other means to collect these funds, including DEOs and, ultimately, your retirement pension.

    The Government believed there is a huge amount outstanding to both parents and the public purse and the DWP (incl CSA &CMS) has been tasked with collecting it
  • kog18
    kog18 Posts: 7 Forumite
    The whole child support system is rotten to the core.

    The Government have no right to side with a woman who refuses equal parenting responsibility when there are fathers out there who are more than willing to assume half the responsibility, that's half the time and half the cost of their children.

    The government in these cases should be siding with the father to force the reckless so called mother to give equal or even full access the child. Assuming there is no good reason for denying equal access.

    50/50 Custody NO child support that's how it should be.
  • pmduk
    pmduk Posts: 10,655
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    Read post 5. We're discussing child support, don't confuse it with access, custody or contact. I'm not saying the system is right - it isn't. But until Parliament changes it, we all have to follow it.
  • What's the RP to do if the NRP moves abroad, doesn't contact their child for years at a time, is hungover and aggressive whenever they do bother to visit, but expects the child to go and stay with them? It's more upsetting for the child to be sent to stay with a parent they don't know, isn't the RP looking out for the child when they say that this isn't on? There's 2 sides to every story, it's not always the RP who's withholding contact.



    Back to the question, they can recalculate at any time. This is maintenance that you would have had to have paid at the time anyway, so it's irrelevant that your child is now a working adult. They are children, pay as you go doesn't apply to child support.
  • pmduk
    pmduk Posts: 10,655
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    kog18 wrote: »

    I find this very interesting anyone know what the "Action Sheet – Initial accounts" document is used for, it shows the amount I was supposed to pay each week and the arrears, however the date the document was signed off, October time, is before the end date of the arrears which was November time. The arrears were from Aug to Nov. So they had calculated my arrears even before they had singed and dated the "Action Sheet – Initial accounts" document. The arrears were all prearranged it seems.

    It's a long time since I worked there, I suspect you're talking about the initial claim. The calculation is made from the date of the claim (Aug it would appear in your case), the caseworker (CW) made the calcs in Oct and has to allow time for you to be notified and start paying, usually 3-4 weeks, I can't recall the precise amount of time. It is usual for a case to start off with that level of arrears and your payments should have been calculated to bring you up to date within 12 months or so.

    I hope my memory has served me well, its a job I have tried to exorcise from my memory.
  • kog18
    kog18 Posts: 7 Forumite
    "Read post 5. We're discussing child support, don't confuse it with access, custody or contact. I'm not saying the system is right - it isn't. But until Parliament changes it, we all have to follow it."

    I disagree!! Child support is very much one and the same thing as child custody. Who ever has custody of the child also supports the child, therefore if custody is shared 50/50 both parents share costs equally.

    Obviously there will be issues where parents wont want to have anything to do with their children for whatever reason, now that's where the CSA should come in. But the current system tars all fathers with the same brush, pits woman against man and makes things worse for all parties and the one who suffers most are the children. Children do not get the balanced up bringing they must have and can only get from being with or being involved with both parents. Family breakdowns are increasing all the time and the government are promoting promoting it and fathers along with their children are paying the price.

    As to my particular case, I have had the case files from the csa and gone through them. It is clear that i was not assessed correctly from day one. In the form CSA 3 I made clear I had my child sleepover 2 days/wk. But this was disregarded maybe because I stated I was no fixed abode, that was not to say I was homeless but I was between my girlfriends and mothers at that time and my child would stay at either house. Now the csa failed to request further information from me if that was the reason for not accepting those 2 days. After a month or so I did send a letter explaining my situation in more detail and the csa accepted this and gave me 3.5 days sleepover but only to the date of the letter and not the form CSA 3. At some point further on I was laid off work and my employer informed the csa of my situation, all shown in the records. But the csa did not reassess my case and continued to add to the arrears for another several months before eventually suspending the arrears 12 months on.

    So if the csa insist on the full amount, which I dispute, then I will not be paying any amount. unless they can come back with a credible reason why I should pay for the mistakes.
  • A similar thing has happened to me. As part of my divorce 22 years ago a final one off payment (lump sum) was paid as an agreement between myself and my now ex-wife, to satisfy the csa and get them off my back, a monthly figure was also agreed up until the children left full time education, which was over 10 years ago now. The courts destroy records after 18 years and although my solicitor remembers the case, his practice is to remove files after 8 years.. The CSA have written to my ex stating they have a record of a debt and before they shut up shop next year, would she like them to pursue me for the monies £2555.67 for her..
    They don’t seem to care that the money has been paid and the proof has been destroyed, they are insisting I pay this amount.
    How and why are they trusting the word of a money grabbing liar, and believing she is telling the truth.
    The CSA is effectively giving these woman a hand grenade to throw, without any recourse to the damage it will cause.
    Surely they can not be allowed to continue such an unjust practice without any accountability..
    Is there a group or should we create a group to enable us to move forward to stop them continuing in this appalling way.
    From
    I paid 22yearsago
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