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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34504
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been sent a bill from the child maintenance service

Customer Question

Hi
I have been sent a bill from the child maintenance service for the sum of 5005 pounds.
On contacting them and requesting to know how this debt mounted up and over what time period they have informed me that they cannot give me this information as the dabt has been transferred from the CSA which is soon to be closed down and that this information has been lost.
They said that I was taken to court over this matter in 2012.But I was unaware of this.
Can they legally hold me to this debt if they cannot provided evidence of exactly when it was accrued and for how much per week within this time period?
My son has been receiving regular payments from myself through bank transfers which they say does not count as it is regarded as picket money.Is this correct
Many thanks for your help with regards ***** ***** matter
Lance Bowering
Submitted: 18 days ago.
Category: Law
Expert:  Clare replied 17 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Have you asked for copies of the Court Order?

Customer: replied 17 days ago.
Not as yet but I can contact them today and request it.I am not sure if they are ablidged to send that to me?
Kind regards
Lance Bowering
Expert:  Clare replied 16 days ago.

Yes if there is a Court Order they must provide a copy

In addition for £10 you can obtain a full copy of the file using the Freedom of Information Act

How old is your son now and when did you stop paying his mother?

Customer: replied 16 days ago.
Hi clare
My son is 18 now and I have been paying maintenance payments directly to him for the past 3 years.
I tried to contact my case worker at the child maintenance service yesterday but was unsuccessful.I will speak with him today and obtain all the information,court order, case file etc...
The issue is that I believe that my case file has no evidence as to how and when this debt was accrued.I think that it has been lost by the CSA.Although they may be able to get a copy of the court order from 2012.
Until I request and receive this info I don't know.
How is it possible to contact you when I have requested and received this info?.Because My case worker has already told me that he does not have any info with regards ***** ***** matter and will have to look into it further.He said that the CSA would have informed me of the debt.Which they did not,as I think that I was living abroad (for approx 5 years).
I will need to be able to contact you after I have all of the relevant info.Which may be after a phone call today as he said that if the info is not showing up on my account,on his computer system then it probably is not beening held elsewhere.
Kind regards
Lance Bowering
Expert:  Clare replied 16 days ago.

I am afraid that none of the money that you paid to your son counts as maintenance at all - unless you did so at the written request of your ex.

This being the case I am afraid that you are clearly in arrears UNLESS your ex agrees not to pursue them

I am sorry that the news is not better - but do add to this thread if you get further information