CSA - Ex Making A Claim Against Me Now

Deepest_Blue_2

Hi All,

OK, I contacted them and I'm a bit confused.

They checked my details and they did find a case, dated back over 3 years ago (which incidentially ties in with when I first started the standing order), however, it's not been pursued because it was known that "both" parties were happy with the private arrangement so the CSA left it at that, eg, no need to investigate it, so although I am on the system, they have confirmed they have never got hold of me before. That I don't really understand but I just said OK and agreed with him.

I then asked him why I received the letter and he said it's probably that everybody on the system had the letter generated and was sent it regardless of situation.

Then finally I asked him what do I do now, do I carry on as is? And he said basically yes that there was no complaint or anything from anybody and that as far as he was concerned all was in order.

Am I being sceptical about this or is this really the case that I just have to leave things as they are? He seemed to think that me ex has not pursued the CSA, certainly not recently anyway and that if anything because of the changes in regard to how things are claimed and going through the CSA automatically now when claiming benefits that this may have generated the letter, or so it seems.

It's really quite strange because I know my ex did contact them back in June, but maybe she hasn't followed it up because I didn't stop the payments? Maybe she called them just to enquire about it and thought that it was easier just to let things run as they were? That's what it seems like, however, I do have a case since 2005 which was when me ex told the CSA that she was happy with things as they were (in which I have that being said in an email).

I don't know whether to feel better or not, but it just seems all too simple and pleasant which is not what I expected.

Now that I know all this, I just wanted to further safeguard myself but I don't know how to do it, you know the saying, don't fix what's not broke type thing.

flateric81

to clarify (as a former employee) - you can pay her money for child maintenance, you can write on it thats its for child maintenance for "childs name", but the pwc has to accept this money "in lieu of child maintenance". if she states that she does not accept those payments in lieu of child maintenance, they will not be considered as payments, regardless of why they were paid. whether those payments are marked "child support" or anything is irrelevant.

an average of your last 6weeks/2months pay will be used to determine you net average weekly income - overtime will be included

the rules have change in the last year and her payments will not be made to the cover benefits, she will be allowed to keep the full assessed amount.

any case will be started from the date the MEF was sent out to you. if they have an old address for you, or the letter is lost in the post it will not matter - this is the date that will be used to start the case.

if the case shows on cs2 as being direct pay then it is fine to continue paying directly to your ex. if you feel at some point she will say you haven't been paying her, you can request to make the payments throught the agency, if you're confident your assessment is correct

marksoton

[QUOTE=



the rules have change in the last year and her payments will not be made to the cover benefits, she will be allowed to keep the full assessed amount.

any case will be started from the date the MEF was sent out to you. if they have an old address for you, or the letter is lost in the post it will not matter - this is the date that will be used to start the case.

[/QUOTE]

It is currently £20 the PWC gets to keep before a reduction in benefits.

This information regarding the MEF is misleading. If the NRP can prove they were not living at the address this changes the effective date.

kelloggs36

That is correct Marksoton - but flateric81 is also correct by stating that the PWC has to agree that the payments made via the bank are in lieu of child maintenance - as I have been trying to say all along! Just because PWC accepts payments does NOT mean that she agrees that they are for child maintenance.

Deepest_Blue_2

kelloggs36 wrote: »

as I have been trying to say all along! Just because PWC accepts payments does NOT mean that she agrees that they are for child maintenance.

In her emails to me, she has stated on numeous occasions that she has delcared this money as child support to all the benefits and including the CSA which is why she wasn't able to claim housing benefits.

I called the CSA as been advised and they themselves said it's all OK an in order and they were aware that I was paying her money directly.

That's all I know and based on that I should be covered.

I don't know what else I can really do, I've spoken to the CSA and if they themselves said things were OK and then things are not, then I shouldn't be punished for that.

As for letters being lost, I never was sent a letter, the guy on the phone yesterday said they were not investigating me and never have done in the past, but they do have a case open, i guess this was just "in case".

Deepest_Blue_2

kelloggs36 wrote: »

That is correct Marksoton - but flateric81 is also correct by stating that the PWC has to agree that the payments made via the bank are in lieu of child maintenance - as I have been trying to say all along! Just because PWC accepts payments does NOT mean that she agrees that they are for child maintenance.

That's all good and well, but again, it's the same argument, if she didn't declare that she was getting money in addition to claiming then she's being fraudulent and if the benefits get to hear that she has been getting money all this time then she'd be in trouble. I suspect that she was advised not to lie about the money I was giving her when she was claiming all benefits.

marksoton

No you need it in writing that the case has been closed. Until you have that you are vunerable.

Deepest_Blue_2

marksoton wrote: »

No you need it in writing that the case has been closed. Until you have that you are vunerable.

Ineresting that because he said exactly that ! He also went on to say that the originator of the claim has authority to do that and I couldn't so I just said OK but I doubt she would do that

Anyway, I have sent a letter to my MP tonight, so hopefully I can get some more advice on this.

LizzieS_2

Deepest_Blue wrote: »

In her emails to me, she has stated on numeous occasions that she has delcared this money as child support to all the benefits and including the CSA which is why she wasn't able to claim housing benefits.

I called the CSA as been advised and they themselves said it's all OK an in order and they were aware that I was paying her money directly.

That's all I know and based on that I should be covered.

I don't know what else I can really do, I've spoken to the CSA and if they themselves said things were OK and then things are not, then I shouldn't be punished for that.

As for letters being lost, I never was sent a letter, the guy on the phone yesterday said they were not investigating me and never have done in the past, but they do have a case open, i guess this was just "in case".

So what they are saying is that the pwc can at a future date ask the csa to begin collections and you would use past emails to prove payments from the point they do wish to collect from?

Kellogs was not saying that you would not succeed in proving your case - she was pointing out that initially the pwc could deny and you would be liable for arrears until the appeals procedure was complete and proven otherwise.

Deepest_Blue_2

LizzieS wrote: »

So what they are saying is that the pwc can at a future date ask the csa to begin collections and you would use past emails to prove payments from the point they do wish to collect from?

Kellogs was not saying that you would not succeed in proving your case - she was pointing out that initially the pwc could deny and you would be liable for arrears until the appeals procedure was complete and proven otherwise.

Hi Lizzie,

Thanks for your reply.

I really appreciate all the advice from everybody here, you have been a fantastic help and if anything gave me that kick in the bum to do something about this.

To try to answer your first question Lizzie, from what I was understanding by the CSA representitive I spoke to last night, he suggested that if the person does not continue to pursue the claim that then they won't carry out an investigation. He told me that she had not been in contact with them recently but he didn't tell me when she last contacted them. He said as long as everybody was happy things should stay as they are. It's strange because it "felt" that he was more than aware with what was going on as he had the case up on the screen? Therefore the CSA "must" have been made aware by her that she was receving money from me for child support.