DEO problem - Voluntary or not??!!

catsnfings

My other half was on a court ordered DEO due to arrears.

Having proved 70% of the arrears were rubbish and completely paid off the other 30% we had a nil arrears balance for quite a few months.

In August he changed jobs and because it was easier to just have it come straight out of his salary he told CSA that he was happy to keep the DEO but we understood that it was now a voluntary DEO. They told us it was voluntary and that he could unvolunteer if he wanted.

Well now we want to unvolunteer!!!

It turns out that his company (NHS) are charging the one pound fee for doing the payment but they are also holding on to the payment for a whole month and even paying it late. IE they paid Septembers in October etc - we were told they had until the 19th of the month to get the money in but it appears they can't even do that!!! It is the 20th today yes? Well they still have not paid DECEMBER!

We spent months getting things straight and they have now put him back a month behind!!!

We told CSA that we would 'unvolunteer' from the DEO and pay them direct. Some people we have spoken to say "you can't unvolunteer from a DEO" others say "no problem - it's voluntary" They sent us standing order forms and also direct debit forms. We have decided on standing order as we appear to have control of the figure they are sent, but we are not going to put it in place until they confirm that the DEO has been stopped via the payroll as we don't want them to get (and cannot afford) two lots of money in one hit.
As far as we are concerned can we not pay them by any means we want now that the court DEO is not in place??? By cheque or debit card or Giro etc etc??

They have got now stated that they want it by direct debit - Do they get to choose??

They also want it set up for Feb 1st without any confirmation that the DEO has stopped so he may end up paying it direct from his salary and then again by DD.

I have said as far as I'm concerned we can choose the payment method so will continue with the standing order and I have told him to go direct to the payroll dept and tell them to stop paying the Voluntary DEO but would like to know - if it is a voluntary DEO can they use it to basically bully him.

Any advice please or suggestions??

highlandgurl

Cant really comment much except to say that CSA seem to choose how they want you to pay not let you choose how you want to pay. My OH filled in the form saying he wanted to pay weekly by direct debit and got a letter back containing pay in slips which have to be taken to the bank and paid with cash or cheque and a breakdown of his monthly payments as the letter stated that was what he had asked for!

catsnfings

I just can't see how they can decide HOW you pay, obviously the amount is generally set but I understood there were all sorts of payment options??

As long as they get their money each month surely we can pay however we want to??

They sent the standing order form so it must be an available option but obviously they don't like it as they won't be able to change the amount they collect willy nilly like they do now.

I'm hoping Kelloggs or someone will know the official position and will advise.

marksoton

The courts have nothing to do with DEO's the CSA issue them themselves.

They are trying to phase out people using SO because as you say the CSA don't like not having control of your OH bank balance !

The recent changes mean DEO's will become the CSA's normal way of collecting, which is a disgrace.

If i were you just set up the SO ( you don't need to send them anything back to do this ) and then phone them up and DEMAND that you get confirmation of the DEO being cancelled. I bet they won't like and will try and fob you off but stand your ground.

Just make sure your OH's national insurance number is set up properly on the SO.

Mr_Green_Genes

marksoton wrote: »

Just make sure your OH's national insurance number is set up properly on the SO.

... and make really sure that the SO payment is entitled "Child Maintenance for child(ren) [whoever] so that the gestapo can't claim that the payments were gifts, which is a common tactic.

catsnfings

The SO will go straight to CSA with the CSA reference number on it so I dont think there will be any confusion over who or what it's for.

In reference to Marksoton's comment that they are planning on taking everyone's future payments by DEO - there is going to be some mighty hacked off people!!

Even more I imagine than those on pre 2003 (CSA1) who have now realised that they are going to have to wait until 2015 to get their cases moved over and even then I expect that it will never happen! They are simply waiting for all the pre 2003 cases to drop off the system by the children becoming too old. We have written a second letter to our MP ranting about our disgust at the appalling treatment of everyone involved in CSA on both sides. Pointless I know but at least I get to rant to someone!! Ha Ha!

cte1111

I'm receiving payments on a DEO, well I'm meant to be. Like your OH employer, my ex's employer pays randomly or not at all, they're always at least a month behind, and sometimes skip a whole month.

The CSA never pick up on it unless I chase them, and only then if I am lucky enough to get a helpful call operator. God help us if they are using DEO as the standard!

The irony is, I think my ex is actually working in the payroll dept, and is the cause of these problems, but the CSA seem to think it is fine to let them do this.

Mr_Green_Genes

catsnfings wrote: »

The SO will go straight to CSA with the CSA reference number on it so I dont think there will be any confusion over who or what it's for.

Don't bank on that - remember they are not your friends and have a long track record of lies and deceit.

catsnfings

I find it incredulous that the NHS, with the number of employees they have, would think that this is an ok practice. Do they not realise all the problems they are causing through no fault of the NRP.

The November payment was received by CSA on 7th January and had actually been one cheque that included 3 different people's payments so it apparently had been put somewhere else and not attributed to my OH's account until they faxed over proof.

How ridiculous!!

marksoton

catsnfings wrote: »

In reference to Marksoton's comment that they are planning on taking everyone's future payments by DEO - there is going to be some mighty hacked off people!!

Yep, and it's plain wrong. They are really just saying that no NRP can be trusted to pay for their children.

The CMEC legislation has a lot of nasty surprises in store for NRP's who have done nothing wrong in the next couple of years.

catsnfings

Would you like to enlighten us as to what they might be planning?

I was incensed enough about the 2015 thing, I'd love something else to get my teeth into!!