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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just proved maladministration and negligence on the

Resolved Question:

I have just proved maladministration and negligence on the part of c s a ,I also have in my position a letter from them confirming this ,they have placed me in arrears because of there maladministration and negligence ,and are taking the arrears direct from my wages by court order , I don't think this is fair practice as it's the csa who created the arrears , can I stop them .
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 much are the arrears and how have they arisen?
Clare
Customer: replied 1 year ago.
The arrears where initially £4000 , but I have had £1040 knocked of because of evidence I provided ,
But they are still demanding £2495 more because of their error in re adjusting amounts in 2011 ,this amount is from 2011 until October 2015 they only realised their mistake after I contacted them ,it's all in the letter I have confirming this .
Customer: replied 1 year ago.
I have been battling them since August 2014 ,
Expert:  Clare replied 1 year ago.
Hi
Sorry - do you mean that they undercharged to start with so that the arrears arose without you knowing?
Clare
Customer: replied 1 year ago.
I have my eldest daughter living with me from 2008 when she turned 18. In 2011 I rang the csa and told them Vicky was now working so her child benefit stopped. They where apparently supposed to re adjust my payments for the other 3children living with their mum ,from. £72 pw. To £111 pw ,but apparently due to maladministration this was not completed so I new nothing about the increase until I received this letter dated 27th October 2015 .
Customer: replied 1 year ago.
The 3children who are being claimed for my their mum .are now aged. 19 , 18 , 17 yrs old the eldest one is now 6mths pregnant , and they tell me I still have to pay .
Customer: replied 1 year ago.
Sorry yes they undercharged without me knowing .
Expert:  Clare replied 1 year ago.
Just to check is it only arrears still payable or are some of them still in Secondary education?
Customer: replied 1 year ago.
Payments are still being paid with arrears added. The 19 yr old is pregnant but not sure what she is doing csa tell me she is on somesort of apprenticeship. ???
The other two I can only assume are at collage . I live 170 miles away so its difficult for me to get information . I don't talk to their mother .and she basically ad turned the children against myself snd their elder sister vicky eho lives close to me .
Expert:  Clare replied 1 year ago.
Hi
How much of your current payments are towards the arrears?
Clare
Customer: replied 1 year ago.
The csa add 30% of the the maintenance currently payments are £348 . +£68.
When I get back to work these figure's will amount to £480 total .
Expert:  Clare replied 1 year ago.
What offer of payment had you made?
Customer: replied 1 year ago.
Not allowed to make a offer ,under csa law they just take it by attachments to earnings court order .this is my argument it's their error but they force me to pay .
Expert:  Clare replied 1 year ago.
I appreciate that - but assume for a moment that you can negotiate how the arrears are paid off what proposal would you make
Customer: replied 1 year ago.
In august 2014 when I disputed the alledged arrears ,before I started a investigation into the matter I asked that for now the alledged arrears were collected after one child came of the case. They said that sounds like a good idea, but they got back to me saying it was upto the mother and of course she declined and as they Had told her how much the alledged arrears were before any investigation had started she was having her Pockets lined at my expense. so at the moment I couldn't make another proposal as I have asked for the arrears to be wiped clean as its
c s a fault .they cleared off over £1000 Because of their maladministration ,so why not the rest. I have also put the child benefit office fraud Team onto the children's Mother and my 19yr old because I believe they are providing false information .
Expert:  Clare replied 1 year ago.
I am sorry but being realistic it is unlikely that you will be able to to get more than the £1,000 you have already negotiated taken off the arrears.However what you ARE likely to be able to achieve is to insist that the arrears are paid off over a considerably longer period of time than would be allowed if the arrears were your responsibilityYou have a number of options - the main one would be to take the matter through the complaints process to the Independent tribunal - and to involve your Member of Parliament as wellALWAYS deal with the CSA in writing - they are , as you are aware, not to be trustedPlease ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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