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Clare, Solicitor
Category: Law
Satisfied Customers: 35212
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I had an arrears calculated in 2009 after a commissioners hearing

Customer Question

I had an arrears calculated in 2009 after a commissioners hearing and was given an arrears of some 26000 which I settled over 24 months along with the on going maintenance. I then found that they had only calculated to July 2000 and not 1997 as I had assumed. I was sent a letter stating the statute of limitations made the 1997 - 2000 unenforceable. I have now been told I must pay or they will collect by what ever means they see fit. Is this correct?
I was also told my child had left education in may and withheld payments, I have been told child benefit is still being paid but was told by the csa to report to the child benefit fraud dept. which I did reluctantly. The chap at the csa has done a full account breakdown and it appears by his calculation that I owe another3500 approx. Bear in mind I did fully pay the arrears and all the on going maintenance since 2009. Can they justify this or am I right in taking a stand that the arrears was calculated by them and duly settled by me and therefore no more being due.
I look forward to a clear response, many thanks.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
For clarity - do you accept that there are arrears for the period 1997 - 2000?
Customer: replied 4 years ago.

To be perfectly honest I have always assumed the csa figures to be correct but in this instance when i was given the arrears i had assume it went back to 1997. But they insist it only went back to July 2000 so on that basis we can assume it is.



Expert:  Clare replied 4 years ago.
Never EVER assume the CSA figures are correct - indeed assume the opposite they very very rarely get it right.
Your starting point is to get a copy of your file from the CSA under the Freedom of Information Act (£10) and trawl through it to check the information that they have used.
Using that you may be able to challenge the figures
There is a change in the law coming which will allow them to recover arrears which arose before 2000 - but it has not been rolled out yet (which does not mean it will not be tomorrow)
Details here
However do not accept the figures they give you - challenge all the way
The group behind the webpage may well be able to assist you
Please ask if you need further details