As the Child Support Agency closes its cases, many parents are receiving notification of old debt. The only way to deal with this debt is to establish how it has come about. If you ask the CMS, they will tell you they have no information as it isn't part of their records. If you ask the CSA, they will tell you they no longer hold the details because your case has closed.
What we can do
The only way you will be able to deal with old debt is by having an expert check your records. This can only be done by someone who is trained in CSA1 (1993-2003) legislation and CSA2 (2003-2012) legislation. CMS staff will not be able to help for the reasons above and there is a further complication in that they are not trained in the old legislation which is why people find themselves going round in circles.
Durham Legal Services has the expertise to deal with all child support systems so we are able to obtain your old deleted CSA records and reconstruct a full case history. We are able to identify outstanding revisions or requests for changes of circumstances which have not been carried out. Under the old Child Support legislation, any omission to carry out these changes can be classified as errors of law and we are able to re-visit your case, effect the changes and have the arrears corrected. Again, we emphasize the Child Support Agency / Child Maintenance Service will NOT do this for you voluntarily, it needs to be raised with the threat of legal action behind it.
If you receive a letter
If you receive a letter about old debt, you need to act as soon as possible and we strongly recommend you speak to one of our legal team via our legal advice appointment service.
CLICK HERE to arrange your appointment or call 01207 693966 to purchase your legal advice voucher