What's gonna happen now?

had-enough-now

Hi,

This is my first post so please go easy on me lol.

Bit of background, I'm a NRPP and we have 2 children. DH also has 2 other children.

Since January 2006, we've had a direct agreement with PWC where we paid her directly for the kids. The csa were informed of this and have been kept in the loop regarding home moves, the birth of our youngest child, etc etc.

Fast forward 3 years ... On the 20th March we received a letter from the CSA advising us that due to a change in circumstances on the 6th June 2008 we have to pay £55 a month but this has been worked out on only 1 child living with us. My husband was due to have an operation on his neck on the 23rd March and planned to ring them when he was home from hospital. However, we then received a letter on the 25th March stating that we owed £55 a week plus £40.99 a week in arrears and they've put a DOE on his wage, but have still only got 1 child living with us, therefore meaning that they've not protected enough income for our family.

Long story short, PWC has rung them and closed the case but apparently DH will be chased for arrears to the state (which don't exist as we've had a direct agreement in place with PWC), but we've been told that the money they took off his wages will go towards said arrears, despite the fact that they took too much in the first place.

Can they do this, and how to we fight it if they can't as we can't afford gas/electric/food this month due to a mistake that the CSA have admitted fault for.

Any advice is greatly appreciated.

Thanks

Ellie

kelloggs36

How much was the assessment and did you pay the full amount to the PWC?

had-enough-now

Hiya,

The original assessment in January 06 was for £187 a month, and that's what the standing order to PWC was for, obviously since then there's been a change in the fact that our youngest was born in Nov 07 but we didn't reduce the SO as we were all happy with the set up, so if anything we've overpaid but we have no issues with that, as DH just wants to provide for all his children.

kelloggs36

The arrears haven 't come from when they first calculated what you should pay have they? It often takes months and so the amount has built up before you even start!

had-enough-now

No-one seems to know, not even them!

I've spoken to them again this morning and they seem to think that its all been worked out on DH's dad's national insurance number so no-one knows what's happening.

They've said that while they sort it out the DOE will stay in place at the level its at, which can't be right cos it doesn't protect enough income for a family of 4.

I really don't know what to do next, we can't afford to live in the situation we're in, and they don't seem willing to correct an error made by them :-(

pinkpig08

I'm assuming you're on CSA2? Regarding your husbands' protected income - if, by taking the maintenance payment, it will take him below the protected income level then they shouldn't collect it. BUT he will still be liable to pay it. So say the next month the payment would leave him above the protected level then they would take both payments - that's how I understand it anyway.

had-enough-now

Thanks pinkpig,

The problem we've got is that they haven't protected enough income as according to them, we have only got one child with us, despite the fact we sent in our youngests birth certificate. They've know done a xhild benefit check to confirm that he does exist (this is after DH threatened to go to their birkenhead office and take him with us as walking proof!! Lol)

Anyway, we have direct proof that we've been paying PWC directly so can argue the arrears with them, my concern is that they've not protected enough income, admitted that they're in the wrong, then said they're going to keep the overpayment to put against the arrears despite the fact that they took too much money to start with.

I would have thought that they would have refunded a certain amount back to cover the difference in protected income, then kept whatever else was left over from that?