old debt with csa

[Eli1264]

when i spoke to my solictor about my case, she said dont give them any info cos they;re like a dog with a bone. she also told me about a case were the couple were being asked for £59000 by the csa. the csa claim because the cuple had given information freely it must be right. the couple went and saw the same solictor as i am seeing, the solictor wrote a letter to the csa regarding limitation laws extra and the csa disappeared.

i would reccommend getting a solictor, there is loads of great information on here and i have found it very usfull, but its something about solictors headed paper that makes the CSA disappear.

[susieq097]

when i spoke to my solictor about my case, she said dont give them any info cos they;re like a dog with a bone. she also told me about a case were the couple were being asked for £59000 by the csa. the csa claim because the cuple had given information freely it must be right. the couple went and saw the same solictor as i am seeing, the solictor wrote a letter to the csa regarding limitation laws extra and the csa disappeared.

i would reccommend getting a solictor, there is loads of great information on here and i have found it very usfull, but its something about solictors headed paper that makes the CSA disappear.

 

Get a solicitor you said that is harder than you think no one wants to touch the CSA. Argh

[Eli1264]

not at all, if your dates are correct that statute of limitation still applies to the CSA.

[paul9]

I am in the same boat as susieq097, my employer recieved a letter asking if i worked there and how much i earned per month, last year and then issued a Deductions of Earnings to them with lots of paper work saying its an offence to not comply blah blah. I have not heard from the CSA since 2000 and the first was when my boss told me.

 

When i rang them it turns out its for my 2 oldest who are now 23 & 21, so my question is can i tell my boss that i should not be paying this, as they are taking 40% of my wages after tax, and have been for nearly a year, or am i now stuffed as they will simply say the SB clock has been reset.

 

All comments and info appreciated as this is crippling me.

[cerberusalert]

Once a debt becomes statute barred nothing can unbar it. Send the CSA this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[paul9]

Cerberusalert

 

Thanks for the quick reply, should the company continue to pay the DoE, as all the paper work says they can get fined. also just rang them to get the dates it is for and its from 1995 to July 2000. Should prehaps mention that my Partner owns the company, and she is terrified by these types of things.

[cerberusalert]

Although the decision to apply a DEO is taken by CSA and not the courts an employer would be committing an offence under section 32(8) of the Child Support Act 1991 if they do not comply with a DEO. This could lead to a prosecution and a fine.

 

Unfortunately as it stands you are going to have to go through the Statute barred route and any monies they have already recovered will more than likely be lost.

[paul9]

Cerberusalert

 

Thanks for that.

 

That is what i thought, so i send the SB letter and await their response then, and in the mean time continue paying the DEO though the company. Assuming the reply saying exempt as they seem to think they are. what would be my next action.

 

Also does anyone know of a template letter to send requesting all info, statements etc, as i seem to remember a statement showing a £0.00 balance in about 2001.

 

Thanks

 

Paul9

[cerberusalert]

You can send them a SAR;

 

Your Address

xxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxx

xxxxxxxxx

 

Date xxxxxxxxx

 

CSA Data Protection Officer

Room 165J

DSS Longbenton

NEWCASTLE

NE98 1YX

 

Ref. No.xxxxxxxxx

 

Dear Sir/Madam,

 

I wish, under section 7(1) of the 1998 Data Protection Act, to make a Subject Access Request;

ie I wish to see a copy of all of the information that the CSA holds about me.

This should include explanation as to how any automated decisions about me have been made.

Please ensure that the Notepad is properly dated.

Please also ensure that copies of all clerical correspondence is also included.

 

You should promptly pass this request to the CSA's Data Controller, you have 40 days to respond.

 

I enclose a cheque for £10 to pay for this.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

XXXXXXXXX

[Cheffings1]

I was originally contacted by CSA re a claim my ex made for my daughter in 2003. Nothing was sorted out re payments as they kept trying to take it direct from my wages and at the time I was unemployed. I since got work and moved to Jersey, where I worked and lived for almost 5 years. CSA never got in touch during that time. When my contract expired, I returned home to Glasgow where I stayed for 9 months. CSA contacted me again during that time and again attempted a deductions of earnings but again I was unemployed. I found work and relocated to Southern Ireland (was there 5 years) and CSA again never contacted me.

 

I returned to the UK when my contract of employment ended. I moved to Staffordshire in 2009 and found employment. CSA contacted me, sending a letter per month for 4 months, each one quoting a different amount of arrears in child maintenance. I was told that I owed 27K, when I queried the amount it dropped to 25k, the 3rd month it increased again to 28.5k and the fourth letter asked for details of employment/benefits. I asked why the amount kept altering and CSA stopped contacting me.

 

Tonight, I had a phone call from CSA saying that the money owed is now 31k. They have been in contact with my employer and asked for details (last week) which my employer provided. My daughter is now 30 years old. Is this still a legal and enforcable/collectable debt or is there a statue of limitations on it? Can someone please give me some advice or help thank you.