CSA Mistakes

Back dated maintenance to the CSA

In february my partner received a letter from the CSA stating that her EX had made an application for maintenance. Her son moved in with his father in 05/2010 and up until now we have been unaware that her ex had made a claim for maintenance payments. The CSA are now claiming that my partner should now make an arrears payment dating back to 05/2010.

On the letter she received it states that maintenance begins at the point she was first contacted, This date is 02/2011. In the past this happened to her when her son moved back in with her after living with his father. It turned out in that case that the CSA had not informed her ex of our application so her ex got his local MP involved and the case was deemed as illegal because her ex had not been notified. Happily we gained compensation from the CSA for the lost payments. The scenario my partner has at the moment is exactly the same but the CSA will not listen and constantly requesting a payment of the arrears in full. This is quite worrying because we don’t have that kind of money.

The CSA claim that they have checked with a credit reference agency and that they claim they know she is able to pay. I am currently spending all my spare time gathering information to help fight this case. To make matters worse my partner started receiving payments in 11/2010 from the CSA which when she inquired was told that these were arrears owed by her ex prior to he son moving back in with his father. These payments carried on until 01/2011. Now they are saying that that also was a mistake and that her ex wants his money back. This amount is also quite substantial. My partners ex has been quite devious in past with csa to get out of paying any form of maintenance and earns a large amount of money. He has managed to get around the CSA quite successfully to this date. It would appear that he had not noticed the money coming out of his account starting 11/2010 until 01/2011 and has now made some sort of bogus claim to not only get arrears payments but also to create a new claim thathas arrears that my partner has to pay.

Although the CSA admit that there has been a huge error they will not go back on their judgement. I am now in the process of fighting back on behalf of my partner to what appears to a huge blunder by the CSA that she has now got to pay for. Any advice on avenues that i can pursue would be greatly appreciated. I have started with my local MP and my next step is to get the CSA to provide proof documents that they have discussed an application with he her ex before 02/2011.

My bet is that there is no evidence that a claim was made before 02/2011 and that her ex is playing with the CSA’s lack of organisation for financial benefit, which i would imagine would involve a stack of letters from her ex to the CSA stating that he had made a claim in 05/2010 and they had lost it, or something to that effect, which i would love to prove happened – so that i make sure that legal action is taken against her ex for falsification of information.

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