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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7255
Experience:  Barrister at law
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I need a specialist ( in the UK) CSA - Child support agency

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Hi I need a specialist ( in the UK) CSA - Child support agency advice specifically ? I had arrears of around £18000 & CSA took me to court in December 2009/10. The judge put the max on my flat of £15,000 as a CCJ. After claiming Unemployment benefit for almost 8 years through no fault of my own but more due to the 2008 economic crisis, I was able to get some temp work through agencies in 2015. At this time in 2015 I received a letter from the CSA demanding £125 weekly but as it turned out the temp work was cancelled after 5 weeks. During a conversation with the CSA over the phon I stated that I had no contact & wondered as he was over 21 at that time if he had been to college. As a result of that conversation the CSA woman said to myself some days or a week later that she had spoken to the mom who said her son had been & left college already & I was advised she did not want no contact so I was advised the case was closed. A year or so later I receive intermittent letter(s) through the post from the CSA which I always reply of which I've sent about 3, always repeating the same thing which were a couriered letter having to be signed for, explaining the above comments about having to go to court/CCJ but I've never received a reply from the CSA as I always added I expect a reply with say 14 or 28 days! Ive neve admitted any liability just described as my above comments described. As of the other day I received another letter through the post from the CSA stating that the mother & son now wish to chase this outstanding £18,000 which I have not got. 1. Can I get some advice ie do I still owe & if not what term can I use to stop this ? 2. Could I be taken to court again & have another CCJ added ? 3. How long can the CSA chase payment even if the CCJ was added & 10 years have passed ? My son who I've never been able to see is about 25 now. Would hopefully like to get this squashed once & for all.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: The explanation is it to date. I only received the letter the other day but not responded so was going to just use previous letter explaining same thing. Previously I was on the old CSA database & then new rules & new database started hence why I was taken to court in 2009/10 as just explained.
JA: Have you talked to a lawyer about this yet?
Customer: No one as yet hence using this site. I was told that as the CCJ was added & now 10 years that the CSA can't try me again for that amount
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My explanation is as full as I can make it & what actually has happened.. to date!!Customer: I was also advised when replying to the CSA never acknowledge that I owe anything just explain that I went to court & the judge ruled via a CCJ as if I did admit I owe them could have grounds to chase for it. So as a result I've just said the case was closed in 2015 due to the CSA ringing or communicating with the mom who wanted no contact as her son had been & left college already.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Can you confirm - what is the basis of the new claim for arrears?

Customer: replied 25 days ago.
Just out of curiosity I assume that payment I've made will be the only one ?

I don't personally deal with any billing queries I'm afraid, I just answer questions!

For billing queries you would need to contact customer care -

https://www.justanswer.co.uk/help/contact-us

Telephone: 0808(###) ###-####/p>

Thank you.

Customer: replied 25 days ago.
Hi I hope you read my somewhat long-winded explanation in full although a couple of typos.
I've put the facts been taken to court to get repossessed but judge added the max £15,000 CCJ in December 2009 or 10 on my 1 bed flats as no equity.My previous comments state in 2015 the CSA communicated with the mom who said her son had been & left college & basically wanted nothing so as a result the case was closedNow even after say 1 letter a year from the CSA I replied via couriered letters with never no reply although I've asked for reply with say 28 days.Another year passes & I get another letter in post stating the mom & her son want this money by using the word (they) .I've not replied yet but as per previous letters I keep consistent but will do the same.
From what I was told another CCJ cannot be added as already done & cannot be re-chased again but not sure.I have gone on Google & typed (statute barred) but not sure if this is helpful to me as saw nothing specific to CSA specific for me.I'm also aware the CSA pretty much do what they want & if can manipulate situation for one reason or another based on having technical legal advice & me not this is what they do.
Customer: replied 25 days ago.
The new basis is the mom has changed her mind basically since 2015 when I was advised case would be closed bearing in mind the CCJ was added back in December 2009 or 10. They now use the key word in the letter (they now want this money).

Thank you. I have read your explanation and it's still a little unclear - but I will do my best to advise.

The point that is unclear is that if the CSA case was closed, with no further arrears, then there would not be a further claim.

However, if there was a second amount of arrears that built up that was not chased back in 2015, then I'm afraid the situation is a little different.

The CSA are now chasing old debts for arrears that were not actioned back in the day.

They are not statute barred from doing so in the same way that HMRC are not statute barred from pursuing tax underpayments that come to light years later due to iron tax codes - they are a government agency.

I am not aware of any legislation that says because you have one charging order that there could not be a second one applied for. There could not be a further CCJ for the same debt though - if there is a charging order then it would remain active as charging orders do not expire until paid - unlike the entry on the credit file which drops off after 6 years. Perhaps if this relates tot he same debt the proposal may be for an order for sale to fulfil the charging order.

There are specialist firms that deal with CSA cases - for example nacsa.co.uk. They may be able to assist.

I hope that this has answered your question.

Customer: replied 25 days ago.
Well the CCJ of £15,000 was added in December 2009/2010 but still a year or so later they send out same letter & I reply with same response & it's been like this ever since with no reply to my explanation/questions ever to confirm they actually read any of my letters.This is how the CSA have always functioned in my experience when trying to communicate. When I attended court in December 2009/2010 after my explanation the judge changed his tone & was on my side it appeared but as per rule was forced to add the CCJ at the max & the other outstanding amount could not be so I assume the total is around £18,000 as per letters from CSA. It's all the same debt!! !!!
as stopped paying CSA years ago & this CCJ was last thing hence my explanation.The CCJ does not now show on my credit file Experian!!!! My mortgage for flat is still owed by mortgage company & still no equity so affectively I still owe the full amount so to repossess me the CSA would not get anything so judge put CCJ on.Also as was on older computer system as new one with new rules in place the CSA only option at that time was leave it to the judge but as a matter of course tried for repossession which valued in negativity equity & still same now.
Customer: replied 25 days ago.
Nacsa.co.uk. - ok I will look. Thanks
Customer: replied 25 days ago.
If the case was closed based on the mom saying then how can they suddenly out the blue change mind!!!

I'm afraid you are not alone in being pursued by the CSA for a debt that had been previously written off.

We deal with numerous enquiries about this each week from people in a similar position to you. Obviously we can only give general pointers - the firms such as the one I directed you to will take on cases against the CSA.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 25 days ago.
Appreciated

My pleasure. Have a good day.

Customer: replied 24 days ago.
Hi I emailed that CSA advice group you advised:. Nacsa.co.uk. But so far unimpressed with their response
Customer: replied 24 days ago.
My response was:TodayNACSA ADMIN
1 message
No attachment
11:39
CSA - Arrears advice - ***** ***** replyYesterday
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To
NACSA ADMIN
10 Nov at 11:39
Hi, thanks for reply.I'm somewhat dismayed by your response as was referred to you via a lawyer whose knowledge only went so far based on the specifics explanation of my situation.I was lead to believe I would get a response after reading my account & maybe pointing out a few things in my explanation & that way I could understand paying this fee!!!But to maybe be told what I already know or what I have been doing so far as it's been a back & fourth at this point makes me wonder why I would make this payment you request with nothing to go on except how you explain yourself.Much appreciated
Customer: replied 24 days ago.
Apologies copied too much!!!!! Can this above be deleted ??
Customer: replied 24 days ago.
Hi, thanks for reply.I'm somewhat dismayed by your response as was referred to you via a lawyer whose knowledge only went so far based on the specific explanation of my situation.I was lead to believe I would get a response after reading my account & maybe pointing out a few things in my explanation & that way I could understand paying this fee!!!But to maybe be told what I already know or what I have been doing so far as it's been a back & fourth at this point makes me wonder why I would make this payment you request with nothing to go on except how it was described in your email.Much appreciated

Yes I can ask that this is removed. I don't see the response you had from them though in the text copied above. However, I cannot vouch for a law firm's response, as we offer general guidance only here at JustAnswer.

Thank you.

Customer: replied 24 days ago.
They basically said the charge £120
Customer: replied 24 days ago.
This was their email:Dear SirThank you for the email, NACSA to not offer free advise at this time and due to the issues on your case I would suggest that you would require a least a consultation with the team of consultants to go through your issues and work on a plan forward.To discuss the case in detail and identify where the problem may be and perhaps looking at the options you have to challenge the matter further you will need to be referred to one of our consultants. They will have an initial chat with you, review any relevant paperwork associated to your complaint and discuss what actions may be necessary to bring the case to a conclusion. This is charged at £120
Customer: replied 24 days ago.
I'm awaiting a reply based on my email I sent back.

I see.

I have to be honest that you would pay double that for a consultation with a high street solicitor.

It's up to you if you are happy to spend the fee, to try to resolve the issue.

As I said the service they are offering is beyond what we can do here - I cannot review your files for you through a general advice forum and if I was engaged privately to do so it would cost more than the amount you are being quoted by this firm.

I hope that assists you in making a decision on your next steps.

Customer: replied 24 days ago.
I understand. I was expecting some kind of specific acknowledgement to my explanation but to get completely zero I was not expecting.
Customer: replied 24 days ago.
Appreciated anyway. I will keep you updated if I get a response

No problem. Happy to help.

Customer: replied 23 days ago.
It was a no go with it the NACSA & have a long waiting list.

OK. In that case the next option is to go to a local family law solicitor and seek a consultation with someone. You may get 30 minutes free but there would be a charge for them to take this on for you I'm afraid.

Customer: replied 23 days ago.
Due to the also historical info also of my explanation & their waiting list already

OK. In that case the next option is to go to a local family law solicitor and seek a consultation with someone. You may get 30 minutes free but there would be a charge for them to take this on for you I'm afraid.

Customer: replied 23 days ago.
Yeh will have to look into it.
Customer: replied 23 days ago.
Appreciated. I just wanted some indication of my explanation that way I know what I'm paying for.
Customer: replied 23 days ago.
I mean if I knew how long the CCJ was aloud to run even though 6 years have passed & it has clearly removed itself from my Experian credit file as I've registered & checked myself as only 2 other CCJ's show now.So as far as i was hoping was that as it's also now 10 years since that just maybe that debt can now no longer be re-inforced or re-added as a 2nd time but I'm not sure..which would have made other questions irrelevant. ..maybe but I've not mentioned the wording 'statute barred' with what I read as saw no specifics for me. Hence just kept sending same letter couriered to the CSA stating they took me to court & had the CCJ of £15,000 added & the rest of the outstanding money could not be added as the judge told me the max was £15,000. In the hope that the CSA would respond as I've requested but not bothered accept to just send out repeat letters as if to say they've not even read my letters to obviously move forward as that's the outcome they also want. So that makes me dubious!!If I could find that out then I didn't mind paying some money

I understand. The CCJ itself will have expired on your credit record but the charging order on the property remains in placental the property is sold or the order discharged.

It may be that at the time the order was applied the judge could only apply £15k due to the value of the property at that date as they cannot make an order for more than the asset is worth - this is not the maximum for a charging order per se though.

I hope that this assists.

Customer: replied 23 days ago.
I understand. The CSA got my flat valued & was negative equity anyway & even then as a 1 bed flat & still owe £52,000 over 28 years & will end up paying probably gripple over that period.Of which I said to the judge & CSA previously that if the CCJ is added I won't be able to remortgage as lenders not interested since it's not that type of property that gains equity until mortgage is cleared as I live above another tenant.
Customer: replied 23 days ago.
When I tried to offer a small amount as an arrangement they said not enough , we want £125 per week. But I said the CCJ is on the flat so at least if I can move forward with an arrangement albeit not what you want me to pay but an arrangement.Because if I'm paying pure interest over 28 years how long do they think it will take as would of probably paid tripple & out of that could have paid overtime to clear it.

I understand the difficulties and the frustrations here, I really do. Best of luck in resolving the issue.

plclegal, Barrister
Category: Family Law
Satisfied Customers: 7255
Experience: Barrister at law
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