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For Kelloggs please

Hi Kelloggs, or anyone else that can help for that matter ....

Regarding our current situation, my husband has just spoken to his ex. She told him that she wrote to the CSA (not phoned them as my MIL said, but hey, she's not a reliable source of info anyway) asking them to close the case. She said they said her a load of papers to fill out, asking loads of questions, which she filled in and sent back. Then of course my husband got the letter he received. My hubby told her what I have been told on these forums, that she can ask for the case to be closed and they must oblige. I would appreciate it if that was made absolutely clear please, because when he picks up his daughter tomorrow night he wants to reiterate it to her as she seems somewhat unbelieving.

She agreed with my husband that she would rather have a private arrangement with him than line the pockets of the government (I know, pick yourself up off the floor .. I just have!), and he promised her that as soon as we receive notification of closure we will reinstate the DD for £80 per month.

She did say to him that she wanted him to pay her for January and February because we stopped the SO in December after learning that paying her direct whilst she was receiving CSA payments was benefit fraud. I have told him that because she still received her CSA payments in Jan and Feb then we cannot do that, as it would still amount to benefit fraud. As it stands, the DD for the CSA is still active on our account, so she will be paid again on the 24th of this month via the CSA as I doubt very much they will have cancelled the DD by then. Could I also have clarification that this is the case too? He wants to make sure that what he tells her is absolute and that there's nothing she can come back at him with.

Thanks Kelloggs, or whoever answers this post.

Comments

  • If the ex phoned the CSA and asked for the case to be closed, they can do it over the phone and no papers need to be filled in or signed. Its really quite straight forward. Once closure has been completed bothe parties will recieve a letter with a date of closure on it. If there are any arrears o/s i would check if these are to be collected via CSA or bt direct agreement.
    If you have a direct agreement i would make sure that you set this up via standing order stating on your bank recordes this is for child maintenance.....always make sure you can get copies incase the ex decides to use the CSA in future.
    Also if the ex is on benefit and she does not declare the correct amount only the ex can be done for fraud.....there is a fraud hotline.

    hope this helps :D
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I agree - there is no need for any form filling of any kind!!! I would tell her that as soon as you have the letter from the CSA that the case is closed, then you will set up the DD from the date of closure and will be in arrears, ie will be 1 month after that date - so if it gets closed now then the next payment will be in March. Certainly do not do anything at all until that letter is in your hand - you can then cancel the direct debit yourself to be on the safe side.
  • Be very careful if there are any arrears to be paid. I was told by the CSA that they will always be on the account and can not be cleared by the pwc or any one else for that matter. She can stop and start that claim whenever she feels like it thus having power over your life and state of mind. AND ANY FUTURE PAYMENTS ALWAYS DO THROUGH THE BANK STATING IT IS A STANDING ORDER TO XXXX FOR FUTURE PROOF. This ex sounds a little like my hubbies ex... devious!!!
  • NikNox
    NikNox Posts: 347 Forumite
    kelloggs36 wrote: »
    I agree - there is no need for any form filling of any kind!!! I would tell her that as soon as you have the letter from the CSA that the case is closed, then you will set up the DD from the date of closure and will be in arrears, ie will be 1 month after that date - so if it gets closed now then the next payment will be in March. Certainly do not do anything at all until that letter is in your hand - you can then cancel the direct debit yourself to be on the safe side.

    Thanks Kelloggs, have already told her that we will do nothing until we have a letter of closure. She reckons she's already declared the Private Arrangement income to JCP, which frankly I don't get because we wrote to her in December telling her the SO was being stopped because the CSA case was still active! So, declaring income you know has stopped sounds a bit stupid to me. Anyway, I will write a reply to the CSA telling them that as far as we are aware she has requested closure of the case, as she still maintains that's what she's done, and I will tell them that she has declared income from the Private Arrangement to JCP even though she hasn't received it (well, she has received 2 payments last year before we realised it was wrong). She wants backpaying for Jan and Feb, but was also paid via CSA in those months, so she can sing for that anyway.

    Hubby gave her the PA form to sign this evening and she said she would sign it and give him her copy on Sunday. Hopefully the CSA will contact her and ask what is going on, and take it from there. The DD to the CSA is still active on our account, as I just checked it, so it's definitely not been cancelled. But, don't worry, I won't cancel it until I have it in writing from them that the case is closed, and whilst it's active she will not receive any money via Private Arrangement as she doesn't seem to get right now that she can't have both. Not rocket science is it!!!
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