My CSA complaint to the Rt Hon Michael Wills
Hi all. what follows is a very lengthy (sorry) letter that I wrote to my mp as a last distch effort to sort out my (wrong) maintenance arrears. with the outcome to follow.
Dear Rt Hon Michael Wills,
I am writing to you as I don’t know where else to turn and any help I have sought elsewhere seems to be fruitless. You may not be able to help me but I would appreciate a moment of your time to read this and offer any help/advice you may have on my situation as I am at my wits end. I apologise for the length of this letter, but I think you need to know the whole story to understand what is going on. It involves the way that I am being treated, in my oppinion, unfairly by the CSA.
Some 9 or 10 years ago I split up with my partner and moved out, we have a daughter together who will be 12 this year. I offered to give her money every week but she insisted she didnt want it so we left it at that. She then turned on me and decided she didnt want me to visit my daughter and also she had to tell the CSA because she was on benefit and needed to do this to claim housing benefit. Consequently they contacted me for maintenance payments.
At the time I was earning about £360 per week and was seeing a solicitor about getting visiting rights. Also at this time I was getting a lot of trouble over the space of a year from my new girlfriends ex boyfriend,including smashing up my company cars culminating in me being attacked and hit over the head with an iron bar. Because of this I lost my job and my house,ended up getting depressed and was living in a salvation army hostel. I was in no fit state to carry on with the solicitor or even think about the CSA,but I did contact them to say I was on income support. However I did not provide proof which they requested, as I was having trouble even going outside. So I left it at that (Apparently the CSA have access to DHSS records but for some reason couldnt look it up themselves).
From then on I lived in a few different places sometimes working sometimes being on income support and didnt think about contacting the CSA.I now have a good steady job as a computer field engineer (my usual trade). The CSA have now made an attachment to earnings order and say that I owe them £15,000 in arrears. This is because they have based their calculations of the last 9 years maintenance on what I was earning back then,with no account of rent or anyhing else. Now, I have proof from the Tax office and DSS of what I was earning over that period and when I was unemployed, (some 4years unemployed), but the CSA arent interested in this as they say they can only backdate 3months. So the 15K I owe is grossly incorrect and I think its totally wrong that they can force me to pay money that I dont even owe. I only earn 15k a year gross and they were taking £331pm off me for maintenance and arrears payments. I have since contacted them and provided evidence of my rent and council tax and they have now reduced my payments to £127pm. £77 off the arrears and the rest maintenance. I am happy with this and can afford to live at this amount, but they have told me that I am not paying enough off the arrears and unless I make arrangements to pay off the arrears, they will get a liability order against me and either send bailiffs round (I dont possess anything of value, everything in the house belongs to my partner), take my driving licence away – which will lead to me losing my job, seize my bank account and take out money – I will also loose my job as I need to pay for fuel and probably lose our house as I am barely keeping my head above water as it is – or a prison sentence – which will also ruin my life.
I have offered to pay another £50 a month off of the arrears which apparently will show willing by me to sort it out, but very likely wont stop action against me as it is still not enough. So, they are legally taking as much as they can off me because of the protected earnings rate, which I assume is to protect me from not having enough money to live on, but I am still expected to find more money to pay off the debt. Apparently the debt needs to be paid off in 2 years, so thats over £500 a month I need to find. This is never going to happen. I would like to go in front of a judge and put my case forward and explain the situation to see what a judge thinks about it, but apparently I have no right to appeal, based on what I have said above. Rock and hard place comes to mind. I realise the situation im in is my own fault, but only happened because of the state I was in at the time. I’ve finally got back on my feet,got a good job,good partner and cleared all my debts apart from this one and now it seems like it could all go down hill again. I think the system is totally unfair and doesnt seem to take any interest in personal circumstances or calculations based on inaccurate information.
Sorry to have gone on about this,hope I havent bored you too much! Like I said, I don’t know if there is anything you can do or suggest but thankyou for your time anyway.
Yours sincerely,
R.Parker
What happened next was that my mp forwarded this to the csa complaints department and they got back to me with the following statement:- we cant backdate recalculations if they are wrong, unless it is us that has made a mistake, however we have found a descrepancy on our part in 2003 which means we will recalculate your arrears from that time, if you can provide us with evidence of salary and rent from that period.
So I did this and have now reduced my arrears to some £3,500. which is still wrong, but I guess this is the best I can expect. does this sound right, or is there anything else I can do? hope this info is useful.
30 thoughts on “My CSA complaint to the Rt Hon Michael Wills”
Leave a Reply
This may be of help to those who have been told that they have arrears and the arrears have been caused by CSA/DWP error.
People who were paid too much money through no fault of their own could not legally be pursued, the government was told.
‘This is an important decision that will protect many vulnerable people from debts created by the government’s own errors,’ said Alison Garnham, chief executive of the Child Poverty Action Group.
The decision by the highest court in the land confirmed a Court of Appeal ruling in favour of the charity last year – a victory the government then challenged.
The group took legal action after 65,000 letters were sent to benefits claimants between March 2006 and February 2007, telling them they could face legal action if overpayments were not returned.
The letters acknowledged the money was paid due to mistakes by the Department for Work and Pensions.
Those affected included families, people with disabilities and pensioners.
‘The people we spoke to did not know they had been paid too much,’ said Ms Garnham. ‘They were not fraudulent claimants trying to get extra money.
‘Rather, they were the innocent victims of DWP error and the complexity of the benefit system.’
The DWP said it would comply with the final ruling and reforms would make the benefit system ‘less open to error’.
I am an innocent victim of CSA/DWP error where thousands of pounds of debt was dumped on to me because of CSA/DWP errors. Therefore, it is worth taking note of this landmark legal case as some people may be able to use it in their defence. I see no difference in the overpayents made to claimants being written off and errors caused by the CSA causing underpayments. Therefore, they will have no rights to pursue those who have been thrust into debt by CSA errors, and people are the innocent victims of incompetence.
However, given my experience with this lot, they will probably claim it does not apply to them.
It is a stated case ruled on by Lord Justice Stephen Sedley. If they do not adhere to his ruling they would be in defiance of the law.
hi there i'm a pwc and have had the use of csa for 14 yrs,due to my childs father running from them he at one point accumulated £15,000 of arrears but he was working and had no problems but eventualy they caught up with him he would pay for a while then do a runner again and end up with more arrears,its got to the stage where they decided to take the debt to court to prove the debt was valid and he was liable for it,by getting this the csa have now every power to send the bailiffs in but i was told he has 2 yrs to pay this off but as long as he pays they wont send the bailiffs i think that side of it is scare tactics by the csa.
Good letter. Well said. By the way, the CSA are notified by the DSS immediately you go onto benefit, so they have no excuse. Go straight back to you MP with the CSA complaints reply and ask him to take the matter up with the Parliamentary Ombudsman. A totally ridiculous reply, so don't let them off the hook. They were fully aware that you were on benefit. They were informed by the DSS. And, the debt does not need to be paid off in 2 years, especially when it's incorrect anyway. If they are taking the money by DEO then you need to ask your local Magistrates Court to set it aside, until such time as the CSA can prove that their figures are correct. Also, have you written to Longbenton asking for a copy of your entire file (under the Data Protection Act), their computer records, and copies of all correspondence? If not, do it, its amazing what you'll turn up. All the lies they've been telling you. And, when you ask for the copies, make sure you ask for the notepad to be properly dated.
Michelle, but how much of it do you expect to receive when and if they take it? Probably nothing, the CSA will just keep it all for themselves! Yet another case where the PWC would have been far better having a lesser amount paid regularly through agreement and/or the Courts. The CSA doesn't work, and it never will, it is fundamentally flawed! Just shut the bloody thing down and save all us taxpayers billions!!!
TRUE PETE ! under the data protection act ,, freedom of information act , request copies of everything they have on you ,Trust me it will prove what a corrupt department they are ! It costs 10 quid money well spent and a very interesting read .
hi peter yes i am getting the payments but a few yrs ago he was paying £5 a week in less than 2 yrs it went from £11,700 down to £5,000 how they worked that out i do not know maybe the calculations were redone and they deducted more than he paid how conincidental,i was forced to go over to the new rules and hey presto i will recieve the arrears amount but have to wait for them to sift through 14 yrs of communications they had with him as he's now disputing parentage and he didnt want his name on the birth certificate why people might ask…cos his child didnt have 1 ailment he had so yes back to his games but im soo used to it now it doesnt bother me,as for payments csa will not pay me the lump saum i have to have it in 2 instalments and with 2 days of each other(thats the arrears and was also the same when i was getting maintenance)wow what interest they are making !!!
yes i agree kids come first you carnt put a price on love for your child the csa is flawed and is proven it doesnt work but how can the goverment back down and disband this corrupt resime simple they carnt for every pound they receive from the nrp it costs the csa 70 pence to receive it who pays the 70 pence the tax payer work it out for yourselves how much debt there in… however the state has to cut back on 20 billion pounds over 5 years we have to lose all sort of jobs to pay for this increase in stealth tax`s and other means yet we as a state give away approx 19 bilion in foreign over the course of the same period i might be ranting on and on but the csa are in billions of pounds of debt logically you could start on the cutbacks there and save the state money !!!!!!
If u can prove that u weren't able 2 communicate with them due 2 ur depression/stress by way of a letter from ur doctor stating u were taking medication/under ur GP's care – they can do a full calculation back 2 the date when u notified them u were no longer in employment & on income support. They are a duty 2 chase for information & as they failed 2 do this then it is their error. The letter from the GP will prove u weren't in the right state of mind 2 b worrying or dealing with CSA. (My case was dealt with in this way & a correct calculation was done)
Not to sure you'll get away with the IRON BAR OVER THE HEAD GAG ! With these cunts ?
try an appeal
2 years for arrears to be paid dont make me laugh Ive been owed arrears since 1993 and if £1.79 a month counts for payment off the arrears then that would make my son 55 before it is paid off and my ex will be 81. My ex is paye owns his own house and 4 cars so where is the bailiff here then.
Why didnt they name the CSA correctly???Reproduction Tax Collection Agency!!!!
It sounds like they have now got your arrears to a much lower level which is great for you when you look at the amount of time it covers. Good news so using your MP does work. I also complained and went to a Tier 1 Tribunal and that was brilliant as the Judge was independent but knew the law inside out so instructed the rep from the CSA at the hearing to do certain things. I havent had any results as my ex wont comply or communicate with them, but getting face to face with a judge is definitely a good way to find out where you stand in the law and get some actions put in place.
1400 jobs to go at bsa just announced on the news but lets keep the corrupt csa going for the greedy pwc
Trevor, you are an idiot, get a brain
It is an absolute disgrace that the only way to get the CSA to do their job properly, which less face isnt a difficult job in most instances, is to invole an MP.
….M.P.’s, and even they don’t want to know. They want the noteriety, they want the limelight and public life, they want the money and expenses……………….but they don’t want to failry represent the people who put the there!
How can it be that Clegg and others have made a pledge regarding tuition fees and broken their pledge and impose £9000 fees on to graduates?
Clegg, Cable and ohters should return to their constitiencies, call a by-election………….and let the people decide!
Democracy…………my ars_!
Maxine, why wasnt I included? I'm feelin so left out now…roflmao!
maxine my love i have a brain you obviousley dont with such a childish comment you have made when clearly you know nothing about me i suggest you keep your thoughts to yourself
when i called them pettyfoggers of the threatning variety my mp said i do`nt understand dad ,so i waited & waited now i`m fucking irritated-so now -with resect to the crown-fuck off you clowndedicated to sir paul beresford
My son just announced the new nane with same initials of CSA…Cock Sucking Arses!!!!!
Now It's Cash Stealing Arses
Thats txt book , before the election i wrote to MP Helen Goodman who was in charge of the D.W.P. and she forwarded my complaint to the CSA , now it's the Rt HORRIBLE Iain Duncan Smith who's in charge , after the third time of writing to him I got a letter off the CSA saying I.D.S. had passed my complaint onto them , my letter wasn't a complaint it was to ask what the present government intend to do about the CSA ? ? ? my letter will be to the P.M. 😉
i have st up a new fb page calls csa merryxmas if you have any seasons greatings for the wankers please post
When are we gonna stop talking and start taking action… child related legislation (maintenance and access/custody) needs binning and starting again!
people like me and Jem started taking action months ago , trouble is MOST people dont have the balls to stand up to these " CHILD ABUSERS " :-/
Action can be in many forms, firstly ramp up the administration of your case, the more it costs US, for ultimately we all pay for this sham of an institution the better! Secondly, direct action which it is evident that you and Jem are involved in…, I am prepared to get involved but it needs concerted effort across all the action groups. Maybe someone should look to link all these action groups together under one umbrella…
Hi R.Parker i to am in a simular situation as yourself ,and what i did find out if this is off any help to you is, you can appeal and go to court over this ,and the csa can actually extend the time you pay your arrears to 3 years but of course they wont tell you this ……
hope this helps
yours sincerely scottb
You know the last year of our lives have been hell as we are going through something simular to your case. My partner was hit with a bill for £36,000. Like you they calculated since 2005 the same salary he was on then and are demanding £141 per week from him. He changed jobs in 2005 but they say he never informed them. Some weeks back they reduced the debt to around £29,000 and going for a liability order to take our home. We ahve also produced my partners P45, P60’s etc to prove that he did not work in the same job since 2005. The usual story the CSA were not interested. Our Solicitor wrote to the complaints department but the Case worker said we were not going to get any reply as they had made their decision and were coming after our house.
We also contacted our MP and they replied to him saying that they are now currently doing a full investigation on the case.
I hope we get the same result as you so we can move on and start living our lives again.
If I were you I would pay the new amount to get rid of them and you can put the nightmare behind you.
It is so unfair the way they treat people
Scottb. I did appeal and I was given longer to pay, but what i am saying is that the arrears were caused by CSA eror with my case. According to my posting if you are overpaid DWP benefits they get written off, because it was not your fault.
My arrears are not my fault. they should be written off! I amwriting to the Supreme court for a ruling!
Lyn…. the fact that they can dump such a large amount of debt on to you is a scandal! You are doing the right things. bear in mind other headings regarding the CSA being brought under the control of the DWP. This re-organisation may have a bearing on your case. I would press the DWP and ask why they are writing off over-claimed benefits but not CSA errors!
The supreme court Judge Sedley called DWP staff “incompetent bullies”.
Find the link that I put on above and read the article. Quote it in your correspondence!
Good luck. John.