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CSA debts written off

99 replies

ijustgiveup · 15/04/2021 12:39

Am I the only one wondering how a company can write debts off not owed to them?

My friend who has been fighting for years has called me devastated. She received a letter stating the CSA has written off the debt owed to her and her children to the tune of £24k!

I got my letter last year and mine was £7k.
How is this allowed? Both ex husbands are still not paying either

OP posts:
Glovesick · 16/04/2021 14:45

@enoughnowIthink:

loveacosynightin is a man, I think. Not that it makes a difference.

knittingaddict · 16/04/2021 15:31

[quote Glovesick]@enoughnowIthink:

loveacosynightin is a man, I think. Not that it makes a difference.[/quote]
Well it was that or the new girlfriend/partner.

pam290358 · 16/04/2021 15:35

Old style CSA used to enforce attachment of earnings for non payers. Why aren’t they still doing that /

IHaveBrilloHair · 16/04/2021 15:39

I go through the Australian CSA, (I'm in the UK)
They do not write debts off there.
I'll get the money I'm owed, however much it is, and it will be paid to me even though the case is now closed due to Dd being an adult.
Dd told me that her Dad said he paid regularly as he should, shame for him the Aus CSA are sending me a letter with a list of every single payment that was ever made.

Anyone who thinks you can't claim CSA from Australia, you absolutely can.

JustLyra · 16/04/2021 15:47

She should write back to CMS objecting to it being written off and ask for it to remain on the books. She can ask her MP to help her insist on that.

A friend of mine recently got the money she was owed from the estate of her ex husband when he died unexpectedly.

The debt should remain on the books in case his circumstances change and it becomes recoverable in future.

The lack of political will to use the powers CMS have is ridiculous. They are absolutely hopeless.

ItscoldinAlaska · 16/04/2021 15:54

There are very few teeth in our systems towards men who are shit parents. My ex broke my jaw and the court gave him 50/50. He wanted 50/50 not because he is father of the year but because he would rather die than pay me money. He now tries to control the DC because he can't control me anymore. The court bent over backwards to give an abusive man what he wanted, they aren't going to part them from their money.

Willyoujustbequiet · 16/04/2021 18:25

Some suggestions here simply wouldn't work. It took 2 years for me to get an agreement in place due to the NRP always seeking malicious adjournments so maintenance not starting until then would be immoral really.

50/50 presumes the NRP actually wants equal contact when huge numbers of fathers actually dont. It also assumes that children would want that when in reality most dont, they want a permanent base.

Parental alienation as a concept is becoming increasingly recognised as a tool of abusive men to continue to abuse and control their former partners. There is significant research that has been done to evidence this and even Cafcass are now acknowledging it.

The sad fact is that RPs, the vast majority of which are women, are at the mercy of a patriarchal society that gives deadbeat fathers a free pass.

I'd certainly be in favour of jail sentences and losing driving licence like in the USA but its perfectly possible to get a court judgement against them if the CMS isnt fit for purpose.

HerMammy · 16/04/2021 18:27

They wrote off £76,000 I was owed after he declared himself bankrupt 3 days before court case, he transferred all his assets to his girlfriend; not bankrupt in any form 🤬

ChrissyPlummer · 16/04/2021 18:35

@QuestionableDanceMoves I get what you’re saying but if most parents were still together then the existing income would have to be spread between the existing and any subsequent children. I was an only child until I was 3, when my brother was born, my parents still only had the same amount of money, but they had to divide it between 2 children instead of 1. I don’t think it should go down if the NRP moves in with someone who has children, as they have no responsibility towards them, but if they have another child/children then it’s the same as would happen if the original parents were still together surely?

2021mumma · 16/04/2021 18:35

It’s disgusting my ex didn’t pay a penny and then when she hit 18 they wrote to me to say they were writing off this was +30k. He works for the prison service....how ironic

queenofthenorthwest · 16/04/2021 18:40

I'm fully expecting this to happen to me also. When they write it off, what is the reason for it? What happens if you don't want to write it off?

It's disgusting.

If a politician got behind this they would win a general election by a landslide win can't understand why none of them have?

QuestionableDanceMoves · 16/04/2021 18:41

@ChrissyPlummer but if parents were still together they would make a joint decision based on joint finances as to whether they could afford to increase the number of children they have.
When parents are separated the system allows for the NRP to have as many children as they want and then pay less towards their existing childrens upbringing.
This sends the message that RPs shouldn’t rely on the maintenance towards their children as it could be reduced at any time due to the life choices of the NRP that they are obviously not a part of the decision making process for.

Loveacoseynightin · 16/04/2021 19:01

@QuestionableDanceMoves So I assume if the RP had a child with a new NRP who had children from a previous marriage you wouldn't do the same?

QuestionableDanceMoves · 16/04/2021 19:18

@Loveacoseynightin wouldn’t do the same? What do you mean?
If I, as a RP, wanted to have a child with someone who already had children and was paying maintenance for them then I would certainly not expect them to pay less towards their existing children just because we had decided to have an additional child.
You would surely look at your existing budget and make a decision based on those costs as to whether you could afford to have another child between you.
I do not see why existing children should have money taken from them because their NRP has chosen to have additional children or move in with someone who has children.
It should be a fixed percentage of the NRPs income, per child, that gets awarded. If the NRP wishes to have more children then of course they are free to do so but their financial obligations to their existing children should not be reduced because of that choice.

IHaveBrilloHair · 16/04/2021 19:21

In Australia it doesn't matter what they do, or other incomes, they have to pay.
It is adjusted for more of their biological children, but that's it.
It's possible I could have got more if I'd constantly followed it up, but I didn't.
I knew that there'd be a debt, I have no idea when I'll get it, but I managed without it.
He's awful, I know, Dd knows, his own family know!

JustLyra · 16/04/2021 20:38

@HerMammy

They wrote off £76,000 I was owed after he declared himself bankrupt 3 days before court case, he transferred all his assets to his girlfriend; not bankrupt in any form 🤬
They’re absolutely not meant to do that without your agreement
JustLyra · 16/04/2021 20:40

@queenofthenorthwest

I'm fully expecting this to happen to me also. When they write it off, what is the reason for it? What happens if you don't want to write it off?

It's disgusting.

If a politician got behind this they would win a general election by a landslide win can't understand why none of them have?

They’ll say the reason is be use it’s “uncollectable”.

The actual reason is that it will lessen the figures in their “how much they’ve not collected” columns and look better for them.

queenofthenorthwest · 16/04/2021 20:55

Thanks @JustLyra do they ever say why?

Can you contest it ever?

queenofthenorthwest · 16/04/2021 20:59

When I get petitioner texts I usually sign if I agree with them.

Is this something we can change as a community on here? Is it a case of starting a period or what?

I know nothing about things like that but it makes me furious every story I read on here.

Women struggling. Men waltzing the fuck off because our laws let them. It's horrendous. Yet nothing gets done. How can this be changed

queenofthenorthwest · 16/04/2021 21:00

I meant a petition not a period. Sorry

JustLyra · 16/04/2021 21:12

You can contest it. They are meant to ask for your agreement. Getting your MP involved is often the best way.

I got a lot of stick on a previous thread because I’ve said that CMS are shite. They really are. I worked there for a few months and it was soul destroying how inefficient it is. There’s just no political will to push it.

JustLyra · 16/04/2021 21:15

For context on political will...

RP’s on benefits only used to be allowed to keep £20 a week of maintenance. The rest was owed to the Secretary of State to go toward the welfare bill.

After a while the amount owed to the SofS was so huge, and building, it was decided that something needed to be done.

The something that was decided was... RP’s can keep all of the maintenance.

So even when the money owed was owed to the country they didn’t give a fuck about properly collecting it.

CMS have vast powers yet only use them in a tiny amount of cases.

BippityBobbityBoo · 27/04/2021 19:05

Had my letter today, £20k written off as uncollectable ☹️
It’s so upsetting. I was a teen and gave up my education to get a job and care for my DC and he just gets to walk away with a clean record.
Has anyone successfully overturned this.

Petition could be a good idea..though no one seems that interested, it should be a scandal.

IHaveBrilloHair · 27/04/2021 19:32

How can it be uncollectable forever?
Can they predict the future?
It makes me so cross.

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