CSA arrears & ongoing maintenance

December 1, 2011

I applied to the CSA in October 1996 for maintenance. There was error after error with the CSA and up until 2007 I had not received a penny maintenance. Errors included delays in dealing with matters, when serving DEO’s not done correctly 3 times and then NRP moved on etc. Even when telling CSA where he worked and lived information never followed through. In 2007 I decided to withdraw claim which they allowed but did not withdraw arrears of maintenance as they had assessed it had built to £17,298.10.

There was also another claim in for maintenance.

In 2009 due to various reasons my ex and I got back together and decided to try again and it has worked. THe CSA have now placed DEO in place and are taking 40% of his salary and have done for the past 5 months only leaving us enough to pay our baby’s nursery fees!

NOw the CSA have decided to withdraw my claim completely and write off the arrears because we are back together. They are also in the process of re-assessing old assessments for one child only. Are they allowed to do this? Surely my debt legally still stands? Does anyone have any advice what we should do here? Also does anyone know if I have a claim for negligence against the CSA. The system seems very unfair regardless of whether you are the parent with care or non resident parent.

Comments

12 Responses to “CSA arrears & ongoing maintenance”

  1. Enry on December 1st, 2011 1:24 pm

    What a wonderful person you sound like! My debt still stands… its actually your returned partners debt really!

  2. janet on December 1st, 2011 3:01 pm

    I don’t understand the question lol

  3. Carol on December 1st, 2011 5:31 pm

    Can the CSA right off arrears due to me? The arrears accrued up until 2007 while we were both separated.

  4. ellliebelly on December 1st, 2011 5:54 pm

    they can only write it off if its not owed to the sec of state..

  5. janet on December 1st, 2011 6:31 pm

    Ah they will if you weren’t on benifits otherwise no they won’t

  6. rach on December 1st, 2011 6:41 pm

    hi yes they can write off debts owed to secretary of state under exceptional circumstances and one of those circumstances includes gettingback together with your ex! i cant understand why you dont want them to write off the debts owed to you,you are back together so why the hell do you want them to pursue him for the money? if you love him tell them to write them off woman!

  7. Carol on December 1st, 2011 8:49 pm

    Thanks for your advice on this one. Rach what the CSA are telling me is that because there is also another claim in for an another daughter the maintenance will be re-assessed based on one child throughout the whole time and not taking into account any of my claim. Yes you are right that I don’t want them to pursue him for the money but if they had done their job properly I wouldn’t be asked to now pay it back. Also there could have been more money coming back into my house because of it if I did which may seem greedy but my partner does not earn alot and the CSA are leaving us with very little, which seems to be the same story I see all the time. We are quite happy to pay maintenance if they can get their assessments right!

  8. rach on December 1st, 2011 11:01 pm

    im sorry carol but your question was not made very clear in the original letter i think really you should now appeal against their decision and let the judge decide the outcome, hopefully then you will beable to explain everything to the judge and he will beable to decide the fairest outcome i just would not trust the csa to get anything right at all. how much does he owe for the other child? the csa really dont care that they leave you with next to nothing you must also get your mp involved but definitely appeal as they cant touch you for the arrears if you have an appeal going through. good luck xx

  9. janet on December 2nd, 2011 8:09 am

    They should cancel your claim but if they do it may mean higher maintenance for the other child

  10. Carol on December 2nd, 2011 9:23 am

    Thanks again everyone. I think it is so unfair the way the CSA work and is not until you are fully involved in it you realise how badly flawed the system is. I have been on my own with my eldest and never received a penny and constantly complained and eventually gave up because it was so bad and never any maintenance (that was 11 years I fought with them).

    The CSA originally said he owed £39k but are re-assessing this. AT one point we were told the arrears were to be substantially reduced now they are saying there is a considerable amount due and the arrears have not decreased. The worrying thing is like you say is everyone knows the CSA cannot be trusted but how on earth do you fight them! At the end of the day it won’t cost me anything to complain so would be aswell. I know that throughout the years my partner has not always worked as he is in the building industry.

    It is such a shame that they will not write off arrears for men even if they are made bankrupt but think nothing of writing off my arrears. I think I will take it further, have spoke to my partner and he is in agreement. I had spoke with the CSA who said if I want to pursue the arrears I have to come to an agreement with my partner but they are taking that much off that it leaves him very little to pay anything!!

  11. Rachel on December 2nd, 2011 10:07 pm

    Go to csa website and look for formal complaints system.
    My case was closed by Csa for no reason and they failed to reopen for 2 years.
    Finally managed to get it sorted and complaint resolved with a lump sum over £1500 due to it being their mistake!
    Complain, complain and complain to them and threaten to take it to next level.

  12. karen bedford on December 11th, 2011 10:06 pm

    Please join the facebook groups for advice and support child support agencies failings and others – this is what you need to do –

    complain in writing, send recorded deliver, keep diary and log of calls, etc.
    ask for special payments – compensation
    contact ICE Independent Case Examiner to complain about the CSA
    ask for a departure hearing – appeal tribunal
    find whatever info you can on him and then see if you can get the Criminal Compliance unit involved who work with the credit ref agencies.
    Does he have property? a director in a company, many bank accounts, etc.,
    Ask for advance payment – lump sum –
    Good luck, dont give up

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