Advice about an Employer who will not pay DEO of Employee

My Girlfriend is a PWC and we live together for seven years!

We have been battling the NRP for six and half of those years through the CSA.

In that time he (NRP) has tried every trick in the book not too pay including moving Tax Credits/Child Credits on children that are not his to his g/friends name and bank account, moving jobs, moving out of the house and then into a flat and then back again, going on the dole... etc

He has had a job now for a year, he was contacted and instructed to pay CSA which he did very randomly.

Finally he got a DEO and now his employer plays the game of not answering phones, blaming absent people from Payroll, blaming company accountant, to simply not paying.

This has gone on for the last five months with the last payment received three months ago.

What can my g/friend PWC do as the CSA seem to just issue threatening letters to NRP and his employer whom laugh at them.

Many thanks

Genesisman80
«13

Comments

  • Why do you think the employer won't do the DEO? What do you personally think his motives for doing this are? Because sometimes, figuring out the motive provides us with the answer.
    Overactively underachieving for almost half a century
  • We dont know at this stage and time, we do not know the where NRP works yet somehow CSA have always told him where PWC works....

    We know its somewhere in Leicester! His Managing Director must think he is able to get around the LAW!

    According to less than helpful CSA Belfast if Employee goes to Employer and says I'm struggling with bills take less or no MONEY from me this month they can do that?

    Which would render a DEO pointless surely?

    Genesisman80
  • We know its somewhere in Leicester! His Managing Director must think he is able to get around the LAW!

    His employer has a legal obligation to apply the DEO, the company can be fined for not doing to.

    The workaround is the employee becomes a subcontractor such as an IR35 etc. Or there isnt enough money in his wages to pay the DEO. He is entitled to a protected income which is the same as what he would get if he is on benefits, so he might go and sign on and work cash in hand, illegal, but almost impossible hard to prove unless he admits to it.

    Go talk to him, tell him what you have said here.
  • Cornish Bloke,

    NRP doesnt give a monkey's he has tried every trick in the book to avoid payment and now has his employer playing the same game.

    The NRP is a lousy parent and he play's games with his children and mind games with others.

    If I saw him in the street I doubt I could be civil!

    I really want advice so that I can tell PWC how to get the CSA to do there job (Belfast office anyone?) and to make sure they send in the inspectors they blab on about to force employer to do the DEO properly.

    Genesisman80
  • could the NRP and the Managing Direcgtor be the same person?
    Overactively underachieving for almost half a century
  • Cornish Bloke,

    NRP doesnt give a monkey's he has tried every trick in the book to avoid payment and now has his employer playing the same game.

    The NRP is a lousy parent and he play's games with his children and mind games with others.

    If I saw him in the street I doubt I could be civil!

    I really want advice so that I can tell PWC how to get the CSA to do there job (Belfast office anyone?) and to make sure they send in the inspectors they blab on about to force employer to do the DEO properly.

    Genesisman80

    The employer have up until the 19th of the month following the deduction to send in the money, so if they take money from him on 1st October, they don't have to sent that money into the CSA until 19th November. If they fail to do this, someone will ring to find out why, if it is because the NRP didn't earn enough then it will be added on to the next collection. If the employer doesn't speak to the CSA then a warning letter will be sent out. If they ignore this letter then the CSA will send out their criminal compliance inspectors. I would call the CSA, and ask if the DEO has been missed - if so, ask them to issue the warning letter. If this has already been sent, ask if they are going to refer the case to Compliance. If you have no joy with the person you speak to, ask for a supervisor callback, that way the team leader will call you back within a certain timescale (used to be 2 working days, think it is now 1 working day).
  • Marisco
    Marisco Posts: 42,036 Forumite
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    if it is because the NRP didn't earn enough then it will be added on to the next collection.

    They can't keep doing that though surely? Would they not reassess him if he regularly doesn't earn enough to pay what they say he should? I'm not saying that is what has happened here, it's just a question out of curiosity really.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Marisco wrote: »
    They can't keep doing that though surely? Would they not reassess him if he regularly doesn't earn enough to pay what they say he should? I'm not saying that is what has happened here, it's just a question out of curiosity really.

    Yeah right, i had 8 months of not earning the same money due to periods of assault or sick at my work, and notified the CSA on all occasions, and when i went back to work they crucified me....! Left me with protected income as the arrears had been building while on SSP....!!!
  • Marisco wrote: »
    They can't keep doing that though surely? Would they not reassess him if he regularly doesn't earn enough to pay what they say he should? I'm not saying that is what has happened here, it's just a question out of curiosity really.

    They wouldn't do it automatically, if the NRP is earning a lower amount than when they was assessed (by more than 5% to breach tolerance) then he/she would need to notify the CSA, so they could set an effective date for a reassessment. They can only do that type of change of circs when either party notifies them, legally.
  • Blob
    Blob Posts: 1,011 Forumite
    It took 8 months for a new assessment to be applied to my case and I knew nothing about it till I got handed a bill! The fact that I was not going to be left with the PI meant nothing to them in the slightest, all be it that PI was less than I would be left with less than I would have received on benefits after any CSA deductions. The Appeals Service took them to bits! Just why can they keep on making the same mistakes on the same cases and nothing be done against the people that work in the CSA, or are they beyond the Law as they think?

    OP, I suggest and however hard it is to do this, take a step back and ask just who is responsible for the arrears build up? The CSA is the most inefficient gov dept ever set up. At the highest levels of gov they have been slated. The High Court ad Court of Appeal has also taken them to bits, can they all be wrong? ICE has a back log of over a year! Think about it, simply put they are hopeless and hit the wrong people to meet targets and get bonuses!
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