Hi
Could you tell me if CSA Debt is included in a trust deed.
I believe it is included in bankruptcy
Bob1508
Hi Bob1508
Yes, CSA arrears are included as a normal debt.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Why is CSA classed as a normal debt? It's not a credit card, loan or catalogue bill. It's money to support a child/children that would then not be paid to the parent with care. Shouldn't an allowance be made in the income and expenditure for paying this?
Not wanting to rock the boat or upset anyone, as a single parent who has always had to battle to receive a pittance of support I'm just a bit shocked that this is how this kind of debt would be treated.
Saabrina
saabrina
Not every father is a (none payer) My ex works for the DWP and is using the system to her on agenda. I have paid for my son and should.but every case is not the same. This is a debt that I know is wrong but will take me years to recover if paid.
Anyway its just ways am looking at.
Hi saabrina.
I think you could make a very strong argument that you are right. There are other possible exceptions as well, such as credit unions that can suffer greatly from personal insolvency because the interest rates they can charge are so restricted so its tough to recover losses from other borrowers (that do pay).
The argument that holds sway at the moment is that personal insolvency is a last resort for situations where debts cannot be repaid, even if the debtor really wants to. As well as being unfair on other creditors, the exceptions may never be repaid anyway.
Mark,
I put the Child Support question on another site and they say that CSA or other government bodies are not included as debt, if this turns out to be the only way to go, how can i be sure what's included and what's not.
I lost my job but have part-time income at the moment. Am hoping further employment is around the corner but needs to be soon. I need my car for any other employment. What happens with the car, will i loss that if i sign a trust deed.
Then I'm afraid that the other site is just plain wrong, Bob1508. As Mark says, CSA arrears are unequivocally included in a trust deed.
Were they maybe referring to England, where the situation is indeed different in respect of CSA debt?
Tanks Kevin,
I have contacted Mark with more details and left a contact number for further advice.
Hi Bob1508
As mentioned above, CSA arrears are an ordinary debt in a Trust Deed.
When working out income and expenditure, there will be an allowance for ongoing payments, however everything due up to the date the Trust Deed is signed, falls as a claim.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Bob1508, i can chip in here with some knowledge too. I had a small amount of CSA arrears when i signed my trust deed and yes, the arrears were included. I'm still paying my ongoing monthly csa payment, but the arrears are definitely included in my trust deed.
In fact, trust deed has been a life saver for me, because i was really struggling to pay everything, amd now i know that i afford the important things like csa, a huge weight is off my shoulders.
My trust deed company was very helpful when advising about this at the start, and they also spoke to the csa once the trust deed was up and running and smoothed that over with them. Ive not had any trouble from csa at all. My ex has been very understanding too, which makes a huge difference.