What’s to stop the CSA making up more arrears further down the line?

February 27, 2013

My husband & I met in 1988 both had failed marriages i had 1 child he had 2.We religously made “cash maintenance payments”(big mistake) to his ex.We had his children overnight 3-4nts week in a 1 bedroom mobile home.We helped her pay bills buy furniture,clothes,shoes,school trips etc for his girls.

He was advised as full & final settlement to ex to sign house over to her which we did (he came out of marital home with 1 carrier bag clothes.We married in 1990 had our son in 1991 & daughter sept 93. The csa came into force in 1993 & overruled everything saying they would take nothing into account that we had struggled to pay for the last 5years. They assessed,we paid although there were times when my husband had no work, so yes sometimes they were missed.I was told by a c.s.person that i should never had had 2 other children if my hubs couldnt pay for the 2 he had. Considering they were both born before the csa what was i supposed to do “send them back” i asked her.

Well years have gone by many years 19 in fact.We last had correspondence from csa in dec 2003 stating a zero balance.His daughter now aged 27 who works for c.i.d in police force.In aug of last year 2012 we had a letter with a D.E.O attached 3 days later they took £400 from my husbands wages so we havent been able to pay our mortgage. We rang then wrote to them very unsympathetic said the money isnt for his daughter but for the treasury to claim back arrears from 93/95.My husband had read that for them to claim back money from this date the c.s.a. should have applied for a Limited Access order-c.s.a. say THEY DONT.

Does anyone know the ruling on this claiming back money from 20 years ago-its a complete farce how can they get away with treating people like this.You have no letters/phone calls for over 10 years (& they stated zero balance)then 1 day get a letter -no chance to negotiate or appeal as they took money couple days later. Whats to stop them when we have cleared this balance £2227.56 from popping up in another 10 years to claim some more that theyve decided we owe???

Comments

  • stuart says:

    Have to agree they are untouchable and ignore British law, but fight them every step and sooner or later the corruption starts to reveal itself, as they can not explain any decision and have no regulator to stop them, this includes the thieving scum MP’s who sit and allow it to go on unchallenged and the press who fail to report the actions of these vultures.

  • j says:

    Hello all

    To Peter and Stuart, I fully understand your frustration and possibly anger at the csa and the way this disgusting organisation behaves but I can’t agree with your comment that they are ‘untouchable’ and ‘above the law’. They do try it on and take advantage of tose that don’t have the means to fight them, many people can’t afford a protracted legal battle (the csa rely on that as they are tax payer funded) and simply become emotionally exhausted.

    The csa WANT people to think they are ‘untouchable’ though, its how any cowardly bully works.

    However if you look there are enough examples of the csa being beaten, look at –

    PJG v Child Support Agency [2006] EWHC 423 (Fam)

    or

    Howes (R on the application of) v Child Support Commissioners [2007] EWHC 559 (Admin)

    (details of both found on Family Law Week) (just type the case details into your search engine)

    or even

    Karoonian v CMEC; Gibbons v CMEC [2012] EWCA Civ 1379

    (found elswhere on this site – ‘Court ruling leaves child maintenance authority ‘emasculated’ November 1, 2012’)

    Where the Court said that – “that the “muddled” methodology the CMEC used suggested to investigators that absent parents had to prove they were innocent.
    Ward, along with two other judges, Lords Justice Patten and Richard, concluded the fathers were not given the chance of a fair hearing, which breached Article 6 of the European Convention on Human Rights.
    The judges concluded: “The procedures adopted do not comply with the rights to a fair trial and were flawed accordingly.” ”

    (ps look up emasculated!)

    So the csa CAN be beaten, CAN’T do exactly as they want and DO have to follow British (and European) law.

    The MP’s can be held to account, its called an election, I’d rather vote for the devil himself than the LibLabCon, you are more likely to get an ‘honest’ candidate. The press can also be held to account, they rely on advertising revenue. I last bought a paper years ago thanks to the internets (where I found the cases I mentioned) so advertisers take note.

    The csa (mp’s and press) are answerable to someone, ther is a regulator, its us, we do have the power to remove this horrid organisation so dont despair and dont give up, thats exactly what they want.

  • Jo says:

    You need to start the complaint procedure rolling and see your mp asap!! We had this happen to us, csa wanted arrears from 15 years ago on a case we didn’t even know was opened as we had no letters, nothing! They had my husband on an interim assessment, which we had overturned as he was on a low income and they had him down as single when he was married with dependents at that time. First we knew of the arrears was when they took over 650.00 from his wages from deo….which left us in dire straits, we fought it through complaining and seeing our mp, csa did their own investigation because of the time lapsed, we had no records to by and his arrears went to 0.00 with an 1800.00 overpayment which we were told went to the pwc and can’t get back. They originally wanted 10,000 in arrears for an 18 month period back in 1997 and now we fought it guess what thinking it was over the ex has put in an appeal!!

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