CSA throw a huge bill on me for their mistake

October 25, 2017

I’m on the verge of crossing over from CSA to CMS having setup a Direct Pay starting from 1/11/17

CSA closed their case landing me with a 12,000 arrears bill.

Got into some debt when I split from ex eventually resulting in baliffs visiting my mums rather than leave it I gave them all the documents to setup a DEO on my wage for £20 a month till it was cleared.

About the same time I had letters going back and forth to CSA 2008 debating with them as I wanted to pay by standing order which they eventually gave in. This was up and running but only 3 payments were made when I got a letter from them to say they had setup a DEO on wage. Didn’t think much of it happy it was coming off wage and stopped the standing order. The order was for £30 a week

Jan-Mar 2009 3 payments to CSA were made, £241, £130, £130. Not paying much attention to my wage at his point I did notice some months later that £21 was coming off my wage and assumed the debt payment plan was sorted as it was down as court order on wage slip.

I had at some point forgot CSA was showing on my wage and got it in my head it was coming off before I got paid. A year later the £21 a month dropped to £20 a month and stayed at that for 8 years.

2017 I start with CMS and CSA land me with this 12k bill. I eventually found out the £20 a month wasn’t a debt it was CSA having called the courts it appears the baliff put the debt down as nonrecoverable.

I phoned CSA and they said that she didn’t know why it dropped down from about £130 a month to £21 then eventually £20 and she couldn’t explain either why the yearly statements or other letters hadn’t been sent to me either in 8 years and nobody had picked up on this. She also went onto say my ex hadn’t received any letters either so everyone was in the dark. I admitted that I hadn’t noticed it wasn’t showing on my wage anymore that I assumed it was already coming off my wage before I got paid. She went onto say I’m surprised your ex hasn’t called us either after the wrong amounts were paid to her.

She then said well it doesn’t matter now as the 12k has to be paid back in any event. I said well that wasn’t fair CSA messed up putting me into financial hardship when they had a duty to make sure it was always right hence the DEO and they haven’t ever written to me and there hasn’t been any explanation for it.

So she said well you can pay back whatever you want each month till it’s cleared off. My argument was I’m about 2 years away from not having to make anymore payments and now you’ve landed me with this huge bill and I shouldn’t have to pay it.

Not sure where I stand with this or am I just hitting a brick wall?

Comments

One Response to “CSA throw a huge bill on me for their mistake”

  1. David on October 25th, 2017 3:24 pm

    Dear Gavin2510

    All assessments made should be calculated based on your actual income with certain allowances being taken into account (old CSA cases). Once you have been advised of your liability and have been paying faithfully, that should be the end of the matter: you have met your obligations to your children.

    If the CSA/CMS comes back to you saying that you owe £12,000, something is seriously wrong and is likely that the alleged arrears (for that is what it is until proven) is a fictitious amount invented by the Agency. You need proof how the said amount came to be outstanding. You need access to you file. In your case this will be very large and cumbersome.

    Once you have access to your file, you have to make sense of it. It will take work. Anything anomaly should be challenged. You may end up at Tribunal as very rarely, if ever, do the CSA/CMS admit mistakes or give back overpayments willingly. Knowing CSA law is vital to your success.

    I do have a lot of experience in this area so if you need my help contact me at [email protected]

    Take care
    David

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