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What Action is Taken Against a Company that doesnt pay DOE?

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  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    The action we can take

    If the non-resident parent lives in England and Wales we start by applying to the magistrates' court for a liability order for the missed child maintenance. This legally recognises there is a debt to be paid and gives us the authority of the court to take action to get the child maintenance owed.

    http://www.csa.gov.uk/en/case/enforcement-england-wales.asp

    Taking money from wages
    If the non-resident parent works for an employer or receives an occupational pension, we can take child maintenance direct from their earnings or pension using a ‘deduction from earnings order’. This is one of the main methods of payment that employed non resident parents can choose. If they have not chosen to pay this way, it is normally the first step we take if a non-resident parent who is employed has missed payments and cannot give us a good reason why, or if they fail to agree a method of payment with us.
    http://csa.gov.uk/en/about/action-we-can-take.asp#moneydirect
    Hit the snitch button!
    member #1 of the official warning clique.
    :D:j:D
    Feel the love baby!
  • marksoton wrote: »
    This might be where your problem lies. Because he has volunteered ( Why :confused: ) it's not really being enforced as such. Hound the agency and if need be get your MP involved.

    Cold comfort i know but if you have only been having problems for 2 months consider yourself lucky ! ;)

    Oh how i wish it was only 2 months. I have been having problems..and no maintenance ..for 13 years! I had my MP involved at the beginning of the year as my case had gone Clerical..i really thought i had reached the end of the tunnel...but sadly no.

    I have just rung the CSA up again and they say they will keep phoning until someone answers....if they dont they will issue a fine. I feel i will have to get my MP involved again.

    Why my ex volunteered for the DEO is anyones guess...i am very suspect about it all....especially now his "employer" has lied about sending a payment by BACS and now wont answer the phone.
  • wobblebottom
    wobblebottom Posts: 412 Forumite
    DUTR wrote: »
    Hate to put a dampner on things, are you sure the DEO is in place? Although the csa say they can do this n that, I honestly do not think it is so straight forward to get a deo, don't the courts have to authorise it? Not sure why and employer would be so readily compliant with it's employee's salary irrespective of who is asking for it. I certainly would nt want a none desired deo out of my salary.
    I thought that cmec was around to assist with recieving payment .

    DEO has been in place for over 6 yrs- followed by 6 yrs of constant late payments from employers- case has been to clerical more times than I care to mention and is still there now- Employers have previously received letters of warnings-follow up compliance visits- to no avail- every few months it great for a bit- then bk to square one- no payments for months on end grrrrrrrrr

    I have now opened a case with ICE regarding the CSA issues and maladministration-delays in chasing emplyers and arrears etc and awaiting further information.

    I was just curious how far the CSA actually go after a fine has been set- will they just keep penalizing the company or can they go further.

    The Csa is not the only company or Organisation these particular employers have paid late constantly.

    Cheers
    BSC Member #97- Discharged 4/2/09
  • blimey40
    blimey40 Posts: 573 Forumite
    If the company is non-compliant they have the power to issue heavy fines.

    Do you know the home address of the NRP?

    If, so why don't you write to the CSA and let them know?
  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    My ex has a DEO, and his employer rarely pays. I have been told lots of time by the CSA (when I can actually get someone on the phone who will tell me anything, which often takes a few calls), that they can visit them, fine them etc, but they never actually follow through on it.

    I do find that after I have complained lots (I only call them about every 3 months, as it gets me stressed out) I get a one off payment within a couple of weeks, after they tell off the payroll people at the company. But it is very frustrating, as we hear about the CSA having all these sanctions available, yet they don't bother to actually implement them.
  • blimey40
    blimey40 Posts: 573 Forumite
    They will catch up with him at some point. Main focus at the moment of the CSA is to get longstanding arrears sorted. Thats where the potential money is and how they can justify CSA's existence through parliament, but they will get around to doing it sometime.
  • wobblebottom
    wobblebottom Posts: 412 Forumite
    cte1111 wrote: »
    My ex has a DEO, and his employer rarely pays. I have been told lots of time by the CSA (when I can actually get someone on the phone who will tell me anything, which often takes a few calls), that they can visit them, fine them etc, but they never actually follow through on it.

    I do find that after I have complained lots (I only call them about every 3 months, as it gets me stressed out) I get a one off payment within a couple of weeks, after they tell off the payroll people at the company. But it is very frustrating, as we hear about the CSA having all these sanctions available, yet they don't bother to actually implement them.

    Exactly the same here- every time ive requested a follow up call as to the outcome of the complaiance visit- and answers as to why there is always a delay in payment-if at all-etc.... and guess what nothing .
    BSC Member #97- Discharged 4/2/09
  • marksoton
    marksoton Posts: 17,516 Forumite
    Zara33 wrote: »
    A DEO doesn't need to go to court, a LO does that's cetainly my understanding of them :confused:

    Correct a DEO does not need to go to court.

    In April this year though the LO process changed and they no longer have to go to court. Effectively the CSA " self certify " it, which quite honestly is very worrying with their track record. I believe they are called administative LO's.

    Whether they have actually started implementing them i don't know. But if not i suspect it won't be very long.
  • blimey40
    blimey40 Posts: 573 Forumite
    No difference to before to be honest.

    far more comfortable to not have to make the trip to the courts to get the inevitable anyway. Never known any LO not to be served even if the NRP turns up in court. They abuse the law under section 33 of the Child Support Act anyway, just a way of saving costs for the secretary of state and keep more staff in house
  • Exactly the same here- every time ive requested a follow up call as to the outcome of the complaiance visit- and answers as to why there is always a delay in payment-if at all-etc.... and guess what nothing .


    Well reading this has depressed me somewhat. I really thought that by him paying by DOE i would finally..after 13 years...get a regular payment...i should have known i wouldnt.

    :mad:
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