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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a daughter who is 29yrs old, 16 yrs old October 2000,

Customer Question

I have a daughter who is 29yrs old, 16 yrs old October 2000, after 14 years the CSA have attached a order on my salery for £608/month for so called debt they say was incurred between June 1988 and October 2000. But I left my employment in June 2008 as the demand on my salery by the CSA made it impossible to work. From January 2009 to June 2001 I became self employed and was made bankrupt in August 2001. I suppplied the CSA with all necessary details from this time and the CSA were invited to receive any mony due at the time of the Bankruptcy from the executer Marshman and co. Does my Bankrupcy delete all depts, how do I get the CSA to see reason apart from the fact that i do not owe the CSA mony for this period how do I get them to see reason Thank you Peter Chettle
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Could you just clarify all the dates for me please
Clare
Customer: replied 2 years ago.


Kirsty Treece born October 1984, I paid maintanace to the court through a court order untill the CSA intervened 2004, Attachment of earnings order imposed untill June 1998, Left employment June 1998 and was unemployed untill January 1999. Jan 1999 went self employed, the CSA were informed and relevant paperwork submitted, Earned no income and went bankrupt in 2001. All books and accounts were given to the Bankruptcy court and onto Marshaman and Co who dealt with the


Bankruptcy. The CSA were asked by Marshman and Co to make a claim on the estate. I returned all necessary information during my time as self employed to the CSA. I became unemployed again from June 2001. Kirsty Treece was 16 October 2000. The CSA are taking the Salery I earned when I left work in 2008 and using this for the assessment from June 1998 to Oct 2000, it with considered outstanding dept is what they are taking the £608/month for, they are refusing to take in to account my period of self employment and not working Thank you Peter

Expert:  Clare replied 2 years ago.
Hi
How much do they say the arrears are?
Clare
Customer: replied 2 years ago.


£19830:08,

Expert:  Clare replied 2 years ago.
Hi
What income did you have whilst you were self employed - by which I mean income not what you paid yourself
Clare
Customer: replied 2 years ago.

I had no income and lived from my wifes income she paid all bills, all mony earned was put into the business, all details were given to Marshaman and Co Northampton can we not get to see what PAYE can show us Peter

Expert:  Clare replied 2 years ago.
Hi
What period do they say those substantial arrears relate to?
Clare
Customer: replied 2 years ago.

June 1998-October 2000 and arrears prior to 1994 which I dispute as I was paying the courts by court order. The accounts that they sent me are very confusing but they took arrears prior to 1994 by adding to the assessment. Each assessment took 2yrs Peter


22/12/1993-14/01/1994 24 days payments £95:40/week £327.09 period


15/01/1994-20/09/1996 140 payments £95.40/week total/period £13356


21/09/1996-10/10/1997, 55 payments £85.19/week Total £4685.45


11/10/1997-05/03/2004 334 payments £119.64 Total £39.959.76


Total paid by me £17029.03


I disputed 05/03/2004 and the 334 payments and they have come back with the following pay, and no explanation of where it came from


£608.36 from 04/01/2014-04/09/2017 and £362.56 04/09/2017-05/09/2017


it is a complete nightmare, if you want me to post all correspondance from them I can thanks Peter

Expert:  Clare replied 2 years ago.
Hi
The starting point is to request a full copy of your file under the Freedom of Information Act (£10) to try and work out what figures they are working with.
You need to find out both what they assessed was payable - and what they say you have paid.
You will then need to seek out whatever evidence you can find of the fact that you were unemployed and later self employed and seek a re-assessment on that basis
It will be hard slog - and always deal with them in writing.
If THEY phone you - follow up with a letter detailing what was discussed
You can get support from this group
www.nacsa.org.uk
I hope that this is of assistance
Clare

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