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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The CSA had a payment order with my employer for £188 pcm,

Resolved Question:

The CSA had a payment order with my employer for £188 pcm, this I have been paying for 4 years, they now say I have £7500 arears because I haven't been paying enough, they have based this on figures from 2011, thing have changed for me since Jan 2012, I only take home £667 pcm, I have told them this but they say the £7500 still stands regardless of the proof I have. I have been trying to sort something with them and today I find out that they have put a payment order on my Bank Account for £182.02 per week?, more than I take home. what can I do.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What income do you have from ALL sources?
Customer: replied 1 year ago.
£667pcm it used to be £658 plus £2000 divedend points but I haven't had a divedend since Jan 2012 as I only do a bit of paperwork because of bad shoulders I've had 3 ops on them.
Expert:  Clare replied 1 year ago.
Are you still a Shareholder of the company?
Customer: replied 1 year ago.
yes, but I don't take or receive any dividend because I don't physically work.
Expert:  Clare replied 1 year ago.
But has the company made a profit and issued a dividend?
Customer: replied 1 year ago.
Yes but I have waved my right to a dividen.
Expert:  Clare replied 1 year ago.
is it a family firm?
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
Who are the other shareholders?
Customer: replied 1 year ago.
A business partner, no relation.
Expert:  Clare replied 1 year ago.
Has your share simply stayed in the company?
Customer: replied 1 year ago.
No it's been used to buy a van update equipment, general use within the company.
Expert:  Clare replied 1 year ago.
has your inability to work shown in reduced income for the company?
Customer: replied 1 year ago.
Work did drop off had to reduced staff, just starting to pick up now, Since 2011 I have been the face of the company coz off all my contacts and office based 1-2 daw
Expert:  Clare replied 1 year ago.
So you have retained an important role in the company?
Customer: replied 1 year ago.
Sort of, only for One or two days a week. I used to work both in the tools and office so I'm doing 3/4 less work.
Expert:  Clare replied 1 year ago.
For clarity - is the company also your employer?
Customer: replied 1 year ago.
Yes it is a Ltd company and employs me.
Expert:  Clare replied 1 year ago.
Therein lies the problem I am afraid.You are a joint owner of the company for which you work and you have chosen not to take a dividend instead leaving the money in the company.The CSA has the power to continue the assessment on the basis that that money is still available to you since it was your choice not to take it.You will have to apply for a re-assessment - but I will be honest given the situation you have outlined you may struggle.Always deal with the CSA by letter - you can find the complaints process herehttps://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/what-to-do-if-youre-unhappy-with-the-cms.pdfYou can also get help from the NACSAhttp://www.nacsa.co.uk/index.phpI am sorry not to give better newsPlease ask if you need further detailsClare
Customer: replied 1 year ago.
But the company has not nine well and has no funds just runs from month to month, if I had take my dividen then the company would have not been able to afford to continue and in April 2015 had to take out a loan to pay 2014 tax bill.
Expert:  Clare replied 1 year ago.
Has your partner also reduced his income from dividends?
Customer: replied 1 year ago.
Yes to £2000 pcm
Expert:  Clare replied 1 year ago.
What was it before?
Customer: replied 1 year ago.
£3000pcm
Expert:  Clare replied 1 year ago.
Hoe have you been managing on £650 odd a month?
Customer: replied 1 year ago.
My partner has been running a pub which everything is paid, and I've spent a lot of time in the US were my mother lives.
Expert:  Clare replied 1 year ago.
So how much time each year did you spend in the US
Customer: replied 1 year ago.
2015 = 10 months. 2014 = 6 months. 2013 = 6 months
Expert:  Clare replied 1 year ago.
That should be helpful - although it would have been better given that you continued to be the "face" of the company if you hadaccepted a lower divided rather than none as being a more appropriate position.On that basis you can ask for a mandatory re-assessment - and you may need to enter into some negotiation - but evidence that you were not in the Uk should assist
Customer: replied 1 year ago.
So if I can get a letter from the company explaining what's been going on how it's been worked out financially with dates etc, proof of dividen waver and letter from my mother whom I've been looking after when I've been in the US with dates etc also the fact that I have been with my partner since 2012 and that she has 2 young girls and we now have a mortgage will that go some way to helping me ?.
Expert:  Clare replied 1 year ago.
I would use your passport rather than a letter from your mother to prove that you were out of the country.The fact that there are two children in your household is relevant - the fact that you have a mortgage is not
Customer: replied 1 year ago.
My passport isn't stamped ?.
Expert:  Clare replied 1 year ago.
Did you not need a visa?
Customer: replied 1 year ago.
Yes but I haven't got any copies, not something you keep.
Expert:  Clare replied 1 year ago.
They are stamped in your passport
Customer: replied 1 year ago.
Dose it matter that my passport was renewed in Dec 2015 and has no stamps in it, are they on my history that I can get a copy of ?.
Expert:  Clare replied 1 year ago.
Have you not kept your old passport?
Customer: replied 1 year ago.
I didn't see the point, out with the old and in with the new and we have moved recently.
Expert:  Clare replied 1 year ago.
Sadly you will need to find some independent evidence that you were in the US during those periods - a statement from your mother will not suffice
Customer: replied 1 year ago.
Surely the point is that as they had an attachment of earnings on me for £188pcm if they wonted more pcm then they should have upped the attachment of earnings ?.
Expert:  Clare replied 1 year ago.
That is certainly a point that you can make - but arrears do have to be dealt with separatelyYou do need to get a full copy of your file
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