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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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The CSA are chasing me for an alleged debt owing to them. Part

Resolved Question:

The CSA are chasing me for an alleged debt owing to them. Part of this alleged debt is now nearly 9 and 10 years old and I'd been paying directly to the mother during this time via cheque at the correct amount. The second part of the alleged debt has been calculated incorrectly and I do not owe the amount alleged.
How do I get the CSA to resolve this matter
thanks
Frazer Carr
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How have they said that the debt has arisen and will your ex confirm the payments that you made?
Clare
Customer: replied 2 years ago.

They say the debts have arisen as they allege they were responsible for collecting the monies from when my ex first raised the case with them in 2004 through some of 2005 and 2006.

At all times during the periods in question I paid directly to my ex, I have nearly all my bank statements for the time period involved showing cheques going out and it was accepted in the Divorce financial settlement by all parties and the judge that I had been paying the child maintenance liability direct to my ex during the periods in question and that this would remain the case.

The CSA wrote to me and advised in August 2013 that they were taking responsibility for collection for the period April 2013 onward however a change in my work circumstances meant that the amounts wanted by the CSA were grossly exaggerated by the CSA and therfore whilst I would be willing to pay via the CSA I will only do so at the correct level and using the formula 6/7th of 15% of my net income as I have staying contact with my son 2 nights every two weeks

My ex had already received and cashed several payments from me during the period April 2013 to August 2013 which is also not being taken into account by the CSA.

I have asked the CSA to get an affidavit from my ex stating that I did not pay her during the periods 2004, 2005 and 2006 as I do not believe she will confirm payments otherwise.

My lawyers and my ex's lawyers used in the divorce settlement will be able to confirm my direct payments to my ex for the period 2004 to 2005 when the financial side of the divorce was settled and I have all my bank statements for 2006 to show the monthly cheque payments.

Regards

Frazer

Expert:  Clare replied 2 years ago.
HI
Unfortunately they do not have to prove that you did not pay - you have to prove that you did.
As a starting point you can use the bank statements for those years - and get a letter from your solicitor confirming that your ex accepted that the payments made had been child maintenance.
I am afraid that simply paying what you think you should is not an effective way of dealing with an over assessment - unless you at the same time made a formal request for a re-assessment
Always deal with the CSA in writing and invoke their formal complaints procedure if matters are not dealt with promptly.
This group may well be able to assist
www.nacsa.org.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you

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