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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33537
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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My issue is with CSA Im under old rules, I applied to CSA

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My issue is with CSA I'm under old rules, I applied to CSA in 1998 as my ex wife was not happy with the amount I was paying for the children back then £200 cash a week for 2 children I also had them stay over one night a week initially. I was assessed by csa and paid by direct debit everything they asked direct to my ex wife. In 2002 I had an extension to my property and had the girls stay over 2 nights and took them on holiday for 2 weeks and had them on birthdays christmas etc I was advised this was shared care, I also lived with my partner and her 2 children the result was a lower payment. In 2004 I moved to a larger house my ex was not happy she wanted more maintenance and told the csa I had not had the children 104 nights, I had sent in diary sheets and letters but the csa denied having these, I went to tribunal and won, I was notified she went back to tribunal and lost. In 2006 I was no longer eligible to pay for my eldest but continued to pay for my youngest and advised to pay csa direct due to my ex saying she had not received payments and having to keep sending in proof of payments. then in 2009 when this was due to end I had a barrage of letters which initially I did not understand and argued, I argued this to no avail and on requesting the data file found out me ex had gone back to court and won an appeal she had got friends to write letters stating I had not had the children, this was utter lies, I tried to get back to tribunal but told I was out of time scales???? I had continued to pay all requested and at times paid more than the csa had requested as felt it was in my daughters best interests. Since 2009 I have had varying amounts I contact my mp and have had an assessment by the ICE who advised a face to face which has never happened. I continued to pay £80 until the csa did a DEO due to my arguing the amounts, they still claim I owe 10,000 due to them removing the shared care, I have no where to turn. My father became seriously ill and could not care for himself so I gave up work to care for him during this time the csa stopped payments, I returned to work again and they have attached a DEO without considering my current situation working part time and my mortgage payments and once again they are no listening to me or returning my calls!!!! What can I do???? My wages just covers the mortgage and my partner pays all the bills.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
How old are the children and are you still in contact with them?
Clare
Customer: replied 2 years ago.

Yes I am still very much in contact and apart of their lives. My youngest Chloe was 21yrs old Jan and Jodie will be 24 yrs old in March.


 


 

Expert:  Clare replied 2 years ago.
Hi
Would they be willing to confirm in writing what the actual pattern of contact was?
Clare
Customer: replied 2 years ago.

Yes and Chloe has done this in writing to the CSA when she was younger, my partners daughter used to write a diary and has notes of them staying, saying Chloe was scared of the thunder storm and they are both getting on my nerves etc but apparently this is not enough.

Expert:  Clare replied 2 years ago.
Hi
When was this last appeal meant to have happened.?
Clare
Customer: replied 2 years ago.

My appeal was 6/Dec 2004 in which I was awareded shared care, the ex then appealed and it was thrown out and I don't know when she appealed again?? Just know from the ICE account in 2011 that shared care was removed for 2003, 2004 and 2005 and that they had removed my mortgage protection policy this is when I found out how the arrears had accrued.


 


But I then got varying amounts


so still argued and tried to get this back to tribunal but was told im out of time scales.


 


 


 

Expert:  Clare replied 2 years ago.
Hi
Your starting point is to get a full copy of your CSA file - it costs £10 under the Freedom of Information Act
If that shows that you were not notified of the change then you are not out of time to appeal as you could only appeal when you knew about the position
You should make a formal complaint in writing and follow the process accordingly
You can also get help from this group
www.nacsa.org.uk
I hope that this gives you some assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

I do have a copy of the data file is that what you mean?


 


In respect of time scales the CSA have said my case is closed therefore I am out of time scales according to them and I'm simply in the hands of a debt recovery department?


 


The CSA had notified me in 2009 of this debt but I did not understand where from or why? from which I had 30 days but at this point they told me I still had shared care, so I kept arguing what the arrears where?, it was not until 2011 I found out from the ICE that shared care had been removed along with my mortgage protection, I then tried to appeal and was informed I was over the 30days appeal timescale so it was refused.


 


They are currently saying I have no rights to appeal as the case is closed, my daughter Chloe has not been eligible since 2010, they say they only have 4 years to collect the debt and cant tell me themselves how this debt has accrued and are refusing to recalculate.


 


I have made a complaint a mandatory reconsideration but they say the case is closed has been to various departments and I can no longer request a recalculation. I was also told they cannot over turn the shared care decision and I will struggle to get this back to tribunal - which does appear to be the case.


 


I have read through the NASCA website and have followed there advise but the CSA don't appear to be following there own policies and procedures.


 


I have legal cover through my home insurance as I don't suppose I can get legal Aid? would I be best going to magistrates court? could I get the DEO over turned at Magistrates court? Do you think they would look at the shared care and accrued debt due to removal?


 


I have tried to make an amicable amount to pay £100 but they state it has to be £200 a month so refusing to remove the DEO, they never even asked what I could afford or even tried to negotiate with me prior they just went for a DEO surely this is not legal, I've never refused to pay I've just argued and tried to push for a payment I can afford, yet again £200 has come out of my wages and they say they don't have to take my mortgage into consideration even though under old rules as the case is closed?


What do you advise I`m at my wits end?

Expert:  Clare replied 2 years ago.
Hi
Did your complaint get as far as the Independent tribunal?
Clare
Customer: replied 2 years ago.

No, currently they have not responded to the mandatory reconsideration I requested 12/12 /13 after receiving another breakdown figure, the CSA are stating the case is closed and its a debt that needs to be collected and they will not reconsider or look at figures again, I was also informed they cannot look at the shared care that was removed and basically told good luck in getting it back to tribunal, this is the conversation I had just last night with CSA.


 


Although I have still not received any of this in writing in terms of a response to the mandatory reconsideration, and my case is back with Bolton currently and I have just been reallocated a case worker last night.

Expert:  Clare replied 2 years ago.
Hi
Never deal with the CSA on the phone - if you absolutely have to because they phone you then follow it up with a letter
Follow the complaints procedure IN WRITING and take it all the way to the Independent Examiner if need be
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33537
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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