I’m now in debt because of these voluntary payments

August 15, 2013

Help! My ex husband and I have an amicable relationship, he sees my 2 children regularly and always pays the CSA. The reason CSA were originally involved was because I was receiving lone parent benefits at the time.

A couple of years ago, the CSA reassessed our account and said there were arrears that my ex husband had to pay, as they had not reassessed for quite a few years. Once reassessed there was quite a large debt left to pay by my ex husband. The CSA contacted me and I agreed that over the years, my ex husband had taken the children on holiday and helped out by buying them new beds etc when needed, they agreed to take that into account and remove that from the debt, which he was happy with. Now…they have decided that they were classed as over payments and have sent me the debt!

When I called them, they said too bad, you agreed these were voluntary payments so you have to pay them. I argued that this was unfair, as it would mean that my ex husband couldn’t bring my kids on holiday etc unless I was willing to pay it back. They said well in future don’t admit to voluntary gifts then!!

Comments

8 Responses to “I’m now in debt because of these voluntary payments”

  1. Sheree on August 15th, 2013 8:37 am

    Tell them that your ex-partner and yourself have come to a private arrangement regarding the overpayment!
    If both of you agree to this then the Csa will step out – unless the debt is owed to the Secretary of State!
    Ring them and ask who exactly the debt is owed to and ask for a full account breakdown so you can see where this has come from!
    Hope this helps

  2. Bella on August 15th, 2013 8:53 am

    Is there no way you can leave the CSA system and have an agreement amongst yourselves without their involvement? Your relationship sounds very amincable – perhaps you could privately arrange to make the payments and he will give you the money back? That would clear the debt and you could cease CSA involvement.

  3. Sally on August 15th, 2013 9:31 am

    The information below was taken from NACSA website… not sure if it applies to you as PWC but I don’t see why not… http://www.nacsa.co.uk/index.php/blog/new-debt-law

    On 10.12.12, new debt laws were introduced which will, for the first time since 1993, allow certain debt to be extinguished. Initially this legislation will not be used as a “Proactive” debt management, but this may be the case a little later in the future.

    The part payment legislation will be used to allow parents to make a Full and Final Settlement to clear outstanding arrears in an agreeable manner. Up until 10.12.12, any full and final settlement was not 100% secure, as the PWC was entitled to reinstate the full debt at any time should they wish to do so. This new legislation will prevent this from happening. If a full and final settlement is made, a 30 day ‘cooling off period’ is imposed, after which time the agreement is considered final and the excess debt will be permanently removed and cannot be reinstated.

    Other debts will be subject to the new legislation and will be permanently removed in these additional circumstances:
    •Where the PWC has died and there is no executor
    •Where NRP has died BEORE 25.01.10 (after that date the Agency can apply for debt repayment from the estate of the deceased)

    •Any Interim Maintenance Assessment (IMA) debt from April 93 – April 95
    •Where the NRP has been previously advised that no further action would be taken against debt and where it would be “unfair or otherwise inappropriate” to collect.

    In time, the legislation will be used as a Debt Recovery process, with a view to encourage “some” form of payment in cases of non compliant NRPs. This will apply irrespective of whether the debt is owed to the PWC or the Secretary of State. Any debt that is owed to the PWC will require his/her consent before any agreement is finalised. Consent will not be required if the debt is owed to the State.

  4. Author Chris Jones on August 15th, 2013 10:57 am

    Dont write my children they are not they are both urs and his that is y he pays. Write OUR children in future.

  5. stuart on August 15th, 2013 12:34 pm

    Tell the CSA that as PWC you do not wish any arrears on the account collecting and also that your Ex does not want any overpayments re-collected, You wish the case closed and no further contact from them as they have messed up any arrangement you could have had, Arrange a private agreement with your ex and tell CSA to leave you both alone as they are incapable of dealing fairly with any case and have caused your children to suffer also. Get rid Of the CSA and you can work it out between yourselves.

  6. Peter Brown on August 15th, 2013 12:47 pm

    quote /he sees my 2 children /unquote They are both your children

  7. Darren on August 15th, 2013 5:07 pm

    Hi,
    The only reason he is amicable is because of the children and well seid Peter .B if you where amicable then you wouldn’t be still claim csa and your problem is all about karma,
    I love these story’s they always put a smile on my face thankyou.

  8. Jackie on August 19th, 2013 12:46 am

    Thank you Bella, Sally & Stuart for your helpful advice. We are going to have to look into it further, it is really stupid, as none of us wanted the CSA involved in the first place. Chris & Peter, apologies if you feel offended that I call ‘my’ children ‘my’ children. Their Dad also calls them ‘my’ children and none of us take it personally because we know they are ‘our’ children. And Darren, don’t tar everyone with the same brush, the children are not the only reason ‘he’ is amicable. Since splitting up a long time ago, I have never stopped him seeing ‘our’ children, even when we didn’t get on. None of us are bitter towards each other and we get on well. You clearly find that hard to believe, but just because you feel that way towards your ex partner, doesn’t mean all ex partners do?! And the fact that it makes you smile, that I’ve got a problem with the CSA is a little bit odd, to be frank.

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