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What should I do now?

2

Comments

  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Thanks so much for all the responses it's been helpful.

    I have one further question though. I realise that people have had to pay double in the past but surely this has to do with these factors?

    a) the payer didn't keep a sufficient record of transactions of proof to the carer?
    b) the carer didn't declare the money as child support?

    Therefore surely a combination of neglegence and dishonesty must come into play before the CSA would deem it necessary to try and attempt to get double payments? Just my observation because as far as I know my ex wife wouldn't be dishonest about it as she has declared everything so far. I do trust her.

    Well the double payments are the ones we all see more frequently (no-one would really complain their ex is honest!). b) applies in all cases I've read of, and a) is usually down to 'doing the right thing' without knowing of future potential consequences, eg paid cash with no receipt, bought things directly for children which were later interpretted as 'gifts'. This is the reason why so many have said if you do pay now, get a receipt or better still pay by SO marked 'child maintenance'.

    Sometimes disputes do arise due to what the csa itself does. For example, my ex once paid me some money and he thought I was being dishonest when all along I had been telling the csa for longer than he had!
  • Thanks Lizzie. My standing order will have the CSA Case number on it too as well as what it's for and to whom. I suspect this letter isn't going to arrive in a hurry as they are still trying to find out this issue they have even though my ex has said to close the case, this really bothers me because the CSA have no right to question what we want to do so I may have to take this further before I part with the money, I need to be absolutely sure.

    I just hope that they don't take into consideration the 4 years worth of money I've already paid (all via standing order so I have evidence) as back dated money even though they contacted me last week. I really didn't want to cancel the SO, but I was advised to.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Thanks so much for all the responses it's been helpful.

    I have one further question though. I realise that people have had to pay double in the past but surely this has to do with following factors:

    a) the payer didn't keep a sufficient record of transactions of proof to the carer?
    b) the carer didn't declare the money as child support?

    Therefore surely a combination of neglegence and dishonesty must come into play before the CSA would deem it necessary to try and attempt to get double payments? Just my observation because as far as I know my ex wife wouldn't be dishonest about it as she has declared everything so far. I do trust her.

    I do trust her.

    a) the payer didn't keep a sufficient record of transactions of proof to the carer?

    You must have bank statements and you do. Try not to worry...I'm sure they can be traced and a pattern over 4 years can be established. You need to get it in writing from your ex.

    b) the carer didn't declare the money as child support?

    Do you know this? Have you proof?

    Stop worrying.

    Just get your MP onto it. Only to esblish a paper trail.

    Once this is done I'm sure everything will be alright. ( otherwise I will have a word with your ex ;))








  • Sensemaya wrote: »

    Stop worrying.

    Just get your MP onto it. Only to esblish a paper trail.

    Once this is done I'm sure everything will be alright. ( otherwise I will have a word with your ex ;))

    Thanks again for your words of encouragement, I've been in tears and sleepless nights over this for a while now because I've been honest and forthcoming with everything and paid up since the moment we ended our relationship, I've never dodged the fact I needed to pay and I've never missed a payment, and for all I know I probably paying more than I should anyway (as someone mentioned before) but it does not bother me or care to check it out because it's going on my children. I just want to move on and stop worrying about this now.
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    (((hugs)))

    MP...and if the CSA contact you again...just mention MP on to it. You need that letter.
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    Thanks Lizzie. My standing order will have the CSA Case number on it too as well as what it's for and to whom. I suspect this letter isn't going to arrive in a hurry as they are still trying to find out this issue they have even though my ex has said to close the case, this really bothers me because the CSA have no right to question what we want to do so I may have to take this further before I part with the money, I need to be absolutely sure.

    I just hope that they don't take into consideration the 4 years worth of money I've already paid (all via standing order so I have evidence) as back dated money even though they contacted me last week. I really didn't want to cancel the SO, but I was advised to.

    For your own piece of mind make sure that you document all future payments properly. Have a read of the following.....

    Document all payments properly!
    By that I mean you should make sure that there cannot be any misunderstanding what the payments are actually for in the future.

    You should do more than just cross a cheque.....you should also
    send a letter with each payment that you make, to the effect that the payment is specifically made to support your child (ren).


    edit...You should name the child (ren) that the payment is for.
    edit...The letter has to state that the money is for child maintenance and it must also stipulate for what period

    Postal orders will suffice provided that you keep the stub, DO NOT LOSE THEM!
    Ensure that it has the correct name in the payee section. Ensure that you cross the order or make sure that it is crossed when you buy it. If you dont cross it then it can be cashed and is much more difficult to trace in the future. Dont forget to send a letter with the postal order as I have specified above.....and again...very important indeed...
    DO NOT make cash payments!

    If you make payments through a bank, then I would advise that each time a payment is taken from your account, then you also send the letter as detailed above, to the PWC.

    Keep copies of these letters, DO NOT LOSE THEM!
    Make sure that each letter is dated with the same date that is on the cheque.
    DO NOT make cash payments!


    [FONT=&quot]Thanks to kelloggs36 who posts on here for some of the above information [/FONT]
  • pd001 wrote: »


    If you make payments through a bank, then I would advise that each time a payment is taken from your account, then you also send the letter as detailed above, to the PWC.

    Keep copies of these letters, DO NOT LOSE THEM!
    Make sure that each letter is dated with the same date that is on the cheque.
    DO NOT make cash payments!

    Thank you for the additional information.

    Just out of curiosity, would I have to create my own letter with all this information or can I download a template from somewhere that has the correct fields/items to fill in? It would be helpful if there was a standard template I could use that others would be using.

    Also, if I had to create the letter, it seems very long winded that I have to do this with each payment, I would rather just draw up a "contract" so to speak stating something like what's above including a period of how many payments, eg, "from period say March 2009 until further notice" type thing.

    Finally, how valid would this letter be because I always thought that these types of things if not agreed in court or through legal means that it's rendered invalid anyway and would always be susceptible of being superseded by a more powerful means?

    Thanks once again.
  • Hi OP - Just wanted to add that the reason the case won't have been closed on the computer system is that it is currently held as technically stuck - this moves the case to a holding queue for a resolution to be investigated. Unfortunately when the case is held in this queue no system work can be completed - even closure of a case isn't possible. What happens in these cases is that all action required is noted on the case and when the case returns to the caseofficer they check to see where the case was at before it got stuck and read any notes on the system - your case will at this stage be closed down properly. it will be closed from the date the parent with care requested closure and no arrears etc will accrue. We would always advise that any payment is made by bank transfer and with the ref child maintenance for xx childs name.
    Any problems just ask


    HTH
    Comp Wins 2011 : Cant wait to start listing everything:j:j:j
  • Hi OP - Just wanted to add that the reason the case won't have been closed on the computer system is that it is currently held as technically stuck - this moves the case to a holding queue for a resolution to be investigated. Unfortunately when the case is held in this queue no system work can be completed - even closure of a case isn't possible. What happens in these cases is that all action required is noted on the case and when the case returns to the caseofficer they check to see where the case was at before it got stuck and read any notes on the system - your case will at this stage be closed down properly. it will be closed from the date the parent with care requested closure and no arrears etc will accrue. We would always advise that any payment is made by bank transfer and with the ref child maintenance for xx childs name.
    Any problems just ask


    HTH

    Hi iluvfreebies,

    Thank you for your response. I have also advised this to my ex wife and she's happy with it, so I will set up payments via SO mid week.

    Just a couple of questions.

    As I have three children I am paying for, would it be best to include just their initials as it may not fit in the reference?

    Also, would we still receive letters of confirmation once the caseworker closes the case?

    Best Regards.
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    Thank you for the additional information.

    Just out of curiosity, would I have to create my own letter with all this information or can I download a template from somewhere that has the correct fields/items to fill in? It would be helpful if there was a standard template I could use that others would be using.

    Also, if I had to create the letter, it seems very long winded that I have to do this with each payment, I would rather just draw up a "contract" so to speak stating something like what's above including a period of how many payments, eg, "from period say March 2009 until further notice" type thing.

    Finally, how valid would this letter be because I always thought that these types of things if not agreed in court or through legal means that it's rendered invalid anyway and would always be susceptible of being superseded by a more powerful means?

    Thanks once again.

    I would create a template letter, detailing everything that I have suggested, where the only things that you would have to fill in each month would be the date and maybe the amount.

    The reason for the letter is merely to ensure that each payment that you make is properly documented from a csa point of view.

    Some of the details suggested in my post have come from kelloggs36, who used to work for the csa, and who regularly posts on this board, and therefore knows what is required to fully document a payment.
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