Jump to content


  • Tweets

  • Posts

    • The world's largest economy grew less than expected but rising inflation may delay a rate cut.View the full article
    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CSA Arrears


Simon1959
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3554 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I Have always paid my CSA i have no problem with supporting my children , however i am in the process of being re assesed , as i earn more i would expect to pay more again i have no problem with this

As they have asked for 3 wage slips (one of which that i dont have ) there will inevitably be a delay as i,m told that the new rate will run from when the reassesment was requested approx four weeks at present

My question is do i have to pay the arrears of in full or can i be given time to pay in installments if i can pay in installments is there a time limit that it should be paid in eg 6months, a year ,etc

Thanks in advance

Link to post
Share on other sites

Generally the CSA like to get arrears repaid in 2 years although they tend to put pressure on people to get it paid asap because thats the sort of heartless evil bloodsucking parasites they are.

Link to post
Share on other sites

  • 4 weeks later...

as i pay by direct debit do they have to give me notice that my payment is going up or is it the case that i get a letter on the 31st saying its going up x amount plus the arrears and it goes out on the 1st as per usual without having a chance to sort out a payment plan for the arrears

Link to post
Share on other sites

  • 1 month later...

Any increase in the amount that needs to b taken on the DD they must send u a new schedule 14 working days before its due (this is banking standard). U should also get a call and letter to advise u of ur new assessment. If ur income hadn't gone significantly up, then neither should ur new assessment.

Best thing u can do is put aside a few pounds so when they do call u to say ur new liability is x amount/week and therefore from effective date to the schedule run date, the resulting arrests r z amount, and ask if u can pay it off (over and done with) or part of it, u can pay it by debit card over the phone. Any arrears left can b paid 'reasonably' over a period of time. If its a small amount, they will expect u to clear it within a few payments of the DD. if they cannot get hold of u by phone to discuss the arrears then they will most likely run the schedule with max arrears amount they can legally put. As its DD u'll have time to call in and say its too much (if it is) and negotiate it down a bit. If u can pay a bit over the phone at that time they will more likely oblige.

If u r happy to clear the arrears over, say 3 months, then they can't really fault u. If u say 'ok I can't pay that off straight away but if I can pay 'n' amount to clear it in 4 months I can do that happily' they can't really argue.

If u have children living with u, u can also use the phrase 'welfare of the child' as if taking full arrears every month would put that child in potential poverty then the CSA must reduce the arrears amount to b paid every month.

SAFU

Link to post
Share on other sites

  • 3 months later...

Hii i was paying or am paying my child support and have paid every month since the order was made in Oct 2011 , two months into the order in Dec 2011 my ex decided to have my income reassesed , i sent off my three wage slips wich they recieved and returned in Jan 2012

I heard nothing more about it and continued to pay the required amount then in June2012 i recieved another request for re assesment which i sent again three more wage slips then in July 2012 i was sent a new figure which i have to pay which is a £44 per month increase the letter stated that a payment schedule would be forwarded to me shortly

This amount is for the original re assesment from Dec 2011 , does anyone know my options for re paying , or appealling against the under payments as 8 months back payments have been loaded onto me through no fault of my own , also i still have the second re assesment stil going through

Thanks

Link to post
Share on other sites

  • 3 weeks later...

'Old' cases (referred to as CSA1) are cases which were active before 3rd March 2003. New cases (CSA2) are after that date.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

  • 4 weeks later...

The same happened to me and my ex. We've since learnt this is very common with the CSA. My ex had to pay £700+ in a back payment in one lump sum as they wouldn't accept it in installments which I would have been perfectly happy with. It isn't your fauly admittedly but this is money you owe your child(ren) so one way or another it needs to be paid. Have they given you the option of installments or are they insisting on a lump sum?

 

If you google 'appealing a CSA decision' you'll find a link to the CSA Appeals booklet and that will tell you how to appeal

Link to post
Share on other sites

No they havn,t even contacted me , sorry to be curt but i am aware of my responsibility regarding the financial welfare of my children and the need for the backpayment to be paid but bankrupting myself and being forced to live on benefits to have my rent paid doesnt help my children, myself or the tax payer

Link to post
Share on other sites

  • 6 months later...
Hii i was paying or am paying my child support and have paid every month since the order was made in Oct 2011 , two months into the order in Dec 2011 my ex decided to have my income reassesed , i sent off my three wage slips wich they recieved and returned in Jan 2012

I heard nothing more about it and continued to pay the required amount then in June2012 i recieved another request for re assesment which i sent again three more wage slips then in July 2012 i was sent a new figure which i have to pay which is a £44 per month increase the letter stated that a payment schedule would be forwarded to me shortly

This amount is for the original re assesment from Dec 2011 , does anyone know my options for re paying , or appealling against the under payments as 8 months back payments have been loaded onto me through no fault of my own , also i still have the second re assesment stil going through

Thanks

 

At long last they have a monthly figure for me to pay it took them from Oct 2011 to March 2013 , however they are taking 40% of my income to pay off the arrears that they created

On a brighter note my ex has brought herself a 50inch 3D TV with money she will be getting

In 12 months it will drop to 25% i make sure as im on a bonus system my wages stay exactly the same as when i was assessed

Link to post
Share on other sites

  • 1 year later...

My CSA payments are about to end, my ex pays £5 per week as he is unemployed and has been since we split , he didn't want to help pay for our 4 children when he ran off

He currently owes 300 pounds the csa have told me that the case will be closed in September when the youngest comes off the claim

They have told me that the arrears cannot be taken off his jobseekers allowance when the claim ends and the case will be closed

Can I insist that the claim remains open , as I have been told I must make a new claim when he starts to work, I assume that this would be opened under the csa 3 rules meaning I have to pay to open a claim for money that he owes from csa1

Edited by Simon1959
spelling
Link to post
Share on other sites

  • 4 weeks later...

If he owes arrears it's most likely the case will be sent to court to obtain a liability order. Once that is done they may refer case to bailiffs. If you get a letter asking for info, put as much info as you are sure of. For example, if you know he has inheritance coming to him; or if he has a tv that's worth something etc etc.

The CSA may convince him to make payments to clear the debt.

When the day the case will be closed, they mean for ongoing liability for regular maintenance. It will still remain open for arrears collection.

If your children are still qualifying, you will be able to open a new claim with the new child maintenance service. That's the one where it charges.

There maybe a rule somewhere that says you can challenge to decision to close your current case but I am unaware of it.

SAFU

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...