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I am hoping someone may be able to help.
I have two daughters who are now aged 22 and 24, both living with partners. My eldest was kicked out of he and came to live with me when she was 16, whilst my second eldest left home to setup with her boyfriend when she was 17. I saw my girls every weekend without fail, picking them up on Friday and returning them home on Sunday.
The last assessment i had was back in 2011 at which point i had zero arrears, Out of the blue November 2015 i received a letter stating arrears that were not originally going to be recovered, the CSA now wish to pursue. I employed the services of a 'CSA Guru' solicitor to go through the file (which i requested from the CSA) to see where these alleged arrears arise from.
It appears that the arrears are a result of previous assessments which were contested by myself for one reason or another, mainly the amounts they were deducting. From what i have learnt, these amounts should have been removed from the file but have instead, been placed to one side. As they closed the case, they have now decided to chase for these amounts, which of course, were amounts i contested back in 1999 and 2000 because they had my income incorrect and tried to deduct more than i was earning.
They have now this week, from a Magistrates court, obtained a Liability order. I have completed the N245 form but cannot obtain the case reference number from either the court or the CSA?
I am attempting to delay bailiff action whilst i submit an appeal in the request for the recovery of arrears i don't feel i owe from 1999 and 2000. I have also written to my local MP hoping he can review the case file.
I am looking for help in this as the solicitor i paid for advised to ignore the threats of court action as they will not follow it through plus, advised that the amount of 1700.00 quid is so little again they won't chase!
Please, i am going spare trying to deal with this and hope someone can help?
The only advice I can offer is rather than wait for your MP to respond, call his secretary and make an appointment to go and see him at his surgery. Take all f your paperwork with you too. Hopefully he will be able to assist you, although the don't think he can interfere with the judicial process, he could perhaps liaise with the CSA on your behalf and at least get the information they are refusing to give at the moment.
I don't think it's a good idea to ignore this...but I'm not legally trained.
Sorry I can't be of much help to you.
Best of luck
From the information received it turns out that the arrears resulted from an appeal my ex partner placed against an assessment i had back in 2001.
My ex partner appealed that during my assessment, the family allowance my wife received for my 1 year old daughter had not been taken in account. What i am surprised at, bt have been told they can, she appealed against this assessment 2 years after? Although she only had 30 days, the appeals board allowed the appeal however, 9 months after (2 years 9 months) they decided not to hear the appeal. The officer within the CSA decided as an error had been made, they allowed the adjustment, this creating the under payment of £2353.89.
The CSA at the time decided that they were not going to recover this amount and had set it aside, but now have decided to collect.
Now i am not sure here, but from what i understand and are hoping someone may confirm this, but i have been advised that my wifes / daughters family allowance is actually part of my protected income?
If that is the case can they consider this in the assessment?
Hi this is a bit of a tricky issue.
I cannot answer your questions as it is unclear what "family allowance" is - and what the source is. Are you talking about "tax credits" or CSA payments your new wife might be receiving from a previous partner, etc, etc?
Also, it depends (greatly) what CSA/CMS scheme the calculations have been performed under. Since your case was clearly live before 2000, it could be one of three.
*Assuming* your case has been transferred to the newest rules (most likely) - then the CMS (new name for the CSA) have been granted a range of new powers to recover payments. In general, it is now 100% the case that you should not (under any circumstance) attempt to non-pay - this will only make your life worse. Even if an amount is contested - the general advice is "pay it anyway" into some account or put it to one side in a manner that can proven at a later date (if need be).
A liability order is a serious order that is not obtained lightly - and the CMS are required to show that you have arrears, a history of not complying with payment plans and a refusal to cooperate.
More info can be found here.
My advice is to "offer to make a payment/negotiate". And then actually make the payments (if you can). This should not be a "stalling tactic". Because they will simply apply the liability order once again.
If you "feel" you should not be making these payments, then you need to appeal and go via the appropriate channels. Your MP can help you to do this - and it is sound advice to get the MP on board asap.
If you employed a CSA-specialist solicitor - they are usually very good. What did he/she say?
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