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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to be astounded that CSA have chosen to write off my kid's maintenance debt?

96 replies

wantmorenow · 04/05/2019 10:47

Just that. Letter out of the blue that they have decided that the debt is permanently unrecoverable so THEY have chosen to write it off!

It's not their fucking money! It's mine and my kids!

Have been on hold for 20 minutes and no luck of getting through on to the CSA 'helpline'.

Can they really do this?

OP posts:
AvocadosBeforeMortgages · 04/05/2019 10:56

Bastards!

Lockheart · 04/05/2019 11:00

Yes they can, it's quite common.

Are the arrears unrecoverable? How long ago were they due?

SimplyPut · 04/05/2019 11:01

Useless!

Angrybird123 · 04/05/2019 11:02

Apparently this is a thing yes. I think the government should pay you the amount then go after him.. Bet they wouldn't write it off then 🤔

Original poster
wantmorenow · 04/05/2019 11:06

My kids are now adults. The letter doesn't state how much was still owing, I used get some money through a deduction attached to his earnings. I honestly thought it had all been paid, I didn't know there was still a debt.

He had an inheritance a few years back too. They could have settled it then.

Have given up on phone line, 30 minutes on hold!

I guess I will have to email them for a breakdown. Second husband also owes £5000 wonder if they are writing that off too?

Completely pissed off at the injustice, I will have a small overpayment of tax credits this year. Bet they don't write that off!

OP posts:
Meandwinealone · 04/05/2019 11:10

I wonder as the debt is yours if you can take him to the small claims court. If nothing it will be some kind of vindication. But then I don’t know how the law works on these things.
But surely they’re only an agency working on your behalf.

Lockheart · 04/05/2019 11:14

Your children are adults?? No wonder they've written it off.

I can understand why you're annoyed, but I don't think this is within their remit anymore.

If it's worth the time and energy, perhaps you could try and pursue a private claim, but I have no idea what the chances of success would be.

Original poster
wantmorenow · 04/05/2019 11:17

But the principle is surely that it's not their money. It's mine.

He receives a pension and a small wage. They know where he lives and works. The inland revenue know about the inheritance. It's an easy job to recover the money. They are choosing not to. Unilaterally. It's not logical or fair.

OP posts:
Iamnotagoddess · 04/05/2019 11:22

Yeah - I got one of these a while ago.

Joke isn’t it Hmm

Cailleachian · 04/05/2019 11:22

Have you gone through the CSA appeals process? It wont help as such, but once you have completed it, you can ask for a breakdown of the outstanding amount and when it was accrued from then put an appeal in to the office of the Independent Case Examiner

www.gov.uk/government/organisations/independent-case-examiner

They deal with CSA decisions. but they are not speedly - you are probably looking at around 18months before they will look at your case.

Remember to ask for

  • the amount outstanding

  • judicial interest on the outstanding sum at 8% per year from the date of accrual (on the basis that the CSA have failed in their duty to collect the amount on your behalf and therefore are liable for you being out of pocket)

  • compensation for time and trouble.

Good luck.

Asdf12345 · 04/05/2019 11:23

You could offer to buy the debt from the CSA and then pursue it yourself if you are prepared to throw your time and money at it rather than the time and money of every other taxpayer...

Lockheart · 04/05/2019 11:23

It's not the CSAs money, but it's not your money either. It's your children's.

As they are now adults, they no longer need maintenance. So pursuing the recovery of arrears is no longer needed.

I don't blame you for being pissed off, but it's no longer within the agency's remit. Can you or your children pursue it privately?

lyralalala · 04/05/2019 11:24

I'd push that.

They certainly don't write off historic arrears if the secretary of state is owed money (from that period when they did that) as I know they took some from my father's estate when he died and I was the youngest child in my mid 30's at the time.

OldAndWornOut · 04/05/2019 11:24

Yes, I had a letter a while back.
My ex never ever paid a single penny towards our daughters upkeep.
I despair that this is considered reasonable.

IceCreamAndCandyfloss · 04/05/2019 11:26

They are a free agency, blame him for not paying the debt not them.

Of course they won't write tax credits payments off in return, two totslly separate debts.

megletthesecond · 04/05/2019 11:26

Regardless whether they are adults or children the debt should be paid back. He may have avoided it from 0-18 but his dc's are still entitled to the money from that period.

fecketyfeck21 · 04/05/2019 11:29

i guess it could be said that as a parent you financed their growing up admittedly nrp should have done his share but that's neither here nor there. but it's not strictly your money as it would have gone into the house expenses for housing, bills, food and clothing the dc.
it's not unreasonable they aren't pursuing the debt when the dc are adults, this really should have been sorted out when you split up.

Lockheart · 04/05/2019 11:29

I don't disagree with you @megletthesecond but now the children are no longer children it's not the CSA's area anymore. Blame the father who won't pay, not the debt collectors.

ThatIsNachoCheese · 04/05/2019 11:32

The government passed a new bill last year agreeing to write off certain old debts. Kept that very quiet didn't they...I had a letter from csa which turned out to be a small amount they hadn't sent over to be picked up by the CMS. They have no idea why it didn't go over with the rest of the debt.
www.gov.uk/government/publications/child-maintenance-compliance-and-arrears-strategy-2018/child-support-agency-information-for-parents-with-historical-debt

Iamnotagoddess · 04/05/2019 11:34

MN makes me laugh - on another thread Yday I was told that £500 a month maintenance “was not a lot of money” Grin

FancyAPint · 04/05/2019 11:36

i got one of these, I was furious too. You can appeal it, I did this, not heard back from them yet but worth a try. How dare they just write it off, it should be left on file even if they aren't actively doing anything.

ThatIsNachoCheese · 04/05/2019 11:38

Prior to that bill the debt would have stayed forever.

PaulHollywoodsleftbollockhair · 04/05/2019 11:48

Hi OP I have had the same letter but I REFUSED TO SIGN THE DOCUMENT that allows them to sign off the debt.

Instead I wrote to them saying they did not have my permission to write it off and I wanted it transferred over to the new agency for collection. I mentioned I would be contacting my MP and complaining if they did not comply. They have passed this over to the new agency and it is currently being processed.

I am owed nearly £100,000 of funds I should have had years ago. This has impacted on my career and my life choices because he has been allowed to opt out due to the ineffectual system supposed to be working on behalf on my children. It is not ok - it is owed and I want it back. It is a disgrace others are suggesting otherwise...

lyralalala · 04/05/2019 11:57

Debts like this should stay. It can't be included in a bankruptcy so it shouldn't be written off.

In cases like my father lots of hidden assets were found after he died (which with his lifestyle was amazing really). Now, my grandparents who were owed the money were dead so that part was unrecoverable, but had they not been they were absolutely owed that money.

Just because the children are now adults doesn't mean that the contribution a non-payer makes shouldn't be paid back when they get the means to pay it.

CanILeavenowplease · 04/05/2019 12:02

Your children are adults?? No wonder they've written it off

The OP still bore the cost of bringing up the children. Why should ‘t she be reimbursed?

It's not the CSAs money, but it's not your money either. It's your children's. As they are now adults, they no longer need maintenance. So pursuing the recovery of arrears is no longer needed

Maintenance is to support the cost of bringing up children. It does not belong to the children concerned. As above, the OP has brought them up without this support to which she was very much entitled at the time. Why should she not be reimbursed?

but it's not strictly your money as it would have gone into the house expenses for housing, bills, food and clothing the dc. it's not unreasonable they aren't pursuing the debt when the dc are adults, this really should have been sorted out when you split up

The OP has managed the full cost of bringing up her children. She will ore than likely have been unable to save and may have struggled to make adequate provision for her old age as a result of her ex not paying maintenance. Why should she not get the money now? And yes, it should have been sorted when she split up but quite clear,y, one party wasn’t co-operative. Why should the OP pay for that?