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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34129
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I attended court in 2010 with regards ***** ***** CSA arrears.

Customer Question

I attended court in 2010 with regards ***** ***** CSA arrears. following an adjournment of the case the CSA withdrew the claim on the grounds that they had insufficient evidence. At the time the amount of arrears was over £17,000.00 and i handed them a letter from my ex wife stating that i was making regular payments and had always paid on a voluntary basis and that it was an arrangement that she was happy with. During 2013 I received correspondence from the CSA stating that there was over £21,000.00 still outstanding which was made up of the original £17,000.00 plus an additional £4,000.00. The case has since gone to court and i was told that i did not need to attend as the CSA had agreed that i had a case for appeal based on the 2010 withdrawal of the claim. the court judged that i pay the full £21,000.00.
Can the original £17,000.00 still be claimed by the CSA despite them withdrawing the claim in 2010?
Submitted: 2 years ago.
Category: 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.
Are you still in contact with your ex - will she still confirm that she received the funds?
Clare
Customer: replied 2 years ago.
Unfortunately my ex would not assist with this matter as she as been told by the CSA that she will receive the £21K. So I take it that the CSA can reinstate the £17k despite previously withdrawing the claim?
Regards ***** *****cock.
Expert:  Clare replied 2 years ago.
Hi
Unfortunately what they withdrew was the enforcement not the claim - the claim remained potentially live.
However that does not mean that you cannot challenge the figure - just that you cannot rely on the fact that they withdrew last time.
You do need to appeal the matter urgently and ensure that you can access a copy of the letter that your ex sent in 2010
Please ask if you need further details
Clare