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CSA and CCJ

  • markalldrigee
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02 Jan 15 #452623 by markalldrigee
Topic started by markalldrigee
Dear Members

Wishing you all a Happy New year.

A query for you regarding CSA

I was divorced and the CSA charges were applied. During the year 2011-2012; CSA informed me that of the charges which I disputed on the way these have been calculated. This continued for 2012 and well into 2013. I kept the communication formal via letters and repeatedly stated my point that the calculated sum is incorrect (CSA were overcharging me by £2300); so it is not a small mistake.


In Oct 2013; CSA took this to court; I did not attend court; and CSA got a CCJ against me. I continued my stance of CSA to correct their calculations; to which CSA agreed in Mar 2014. Once the amount was corrected I settled the payment with CSA.

Now since Mar 2014; I have been writing to CSA to
1) Update the Court that the CCJ has been paid up.
2) Remove the CCJ as this was taken on a wrong amount.

I do not hear back from CSA at all. Complete silence and no answer to my letters.

Questions:
1) How do I get the Court to remove the CCJ.
2) How do I take this matter to CSA (I am thinking of taking them to court on professional neglect and incompetency; and institutional bullying).

Thanks

  • WYSPECIAL
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02 Jan 15 #452626 by WYSPECIAL
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If you have complaints about the CSA then there is a process to follow.

I have always found ICE very helpful others prefer the Parlimentary Ombudsman

I don''t know a great deal about CCJs but I think you may need to contact the court directly about that to confirm that it has been satisfied. Might be worth checking your credit file with the various organisations too.

  • kj40
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02 Jan 15 #452629 by kj40
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Hi there.

As I understand it, a CCJ cannot be removed once given by a judge.

You can however ask the CSA for a letter of satisfaction/correction that you can place on your credit file stating that the CCJ has been satisfied. (It might be worth asking them to admit that they did get the amounts rectified at a later stage also)

Have you already gone down the complaints escalation process with the CSA? As I understand it if you do not agree with the decision of payments you can appeal it?

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Appeals

You can appeal a child maintenance decision about payment amounts. An appeal might take several months. Before you can appeal, first you must contact the CSA or Child Maintenance Service to ask for the decision to be looked at again. This is called a mandatory reconsideration. You’ll need to say why you disagree with the decision.

You can appeal to an independent tribunal if you’re still unhappy after asking either the Child Maintenance Service or CSA to review your decision.

You should appeal within 1 month of the date of your decision letter.
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If you have already done the above then your next step is your local MP.

Kind regards

  • Child Maintenance Options
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02 Jan 15 #452635 by Child Maintenance Options
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Hello Markalldrigee

With you having a case with the Child Support Agency (CSA), you would need to contact them directly to discuss any concerns you have regarding your case. You will find their details on any letters they have sent you or on Gov.uk at www.gov.uk/child-maintenance

I have included a link for details on how you can appeal the CSA’s decision, www.gov.uk/child-maintenance/complaints-and-appeals

In regards to the CCJ, you may wish to seek legal advice as to where you stand regarding this.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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