CSA - What action or rights do I have?

sarahx1

Hi, this is my first posting.

Have just got off the phone with the complaints team and am at the end of my tether, am frustrated, annoyed, stressed and exhausted with my dealings with the CSA as a PWC.

My ex partner has done everything possible to avoid paying for his child, he has gone from full time employment (DEO in place)to agency worker(with the same employer) then finally he's gone self employed(again with the same employer). Having struggled for 4+yrs for the CSA to get money from him, he has finally made a few sporadic payments to an enforcement officer for debt on one of 4 liability orders against him. He currently has charging orders against his property but CSA did not think that there was enough debt or equity to warrant a force of sale(house is in his name only,he has a wife but no children living in the house) so they decided to go for a commital to prison which was yesterday(don't know outcome already been adjourned once). He has made the payments against debt for my child but the CSA has paid part of a payment out to another PWC. Recently (as in 6wks ago)another claim has gone in against him. My case officer has said he is soley working for my child and the money was taken for my child, it should not have gone to the other child. I was advised I would be re-imbursed as it was the the CSAs fault. The computer couldn't understand payment was solely for me! Last week he paid £100 off the liability order which has again been split between the two cases £50 each but this has not been paid out still sat with CSA, as they can't seem to figure out who to pay it to. I have tonight been told I will not be getting the money they paid to the other PWC as the 'management team' have decided I am not entitled to it!!! I give up!!
What action can I take to ensure I get the money paid to me and not the other PWC and get the money paid in error to other PWC back?

He has had bailiffs to his door - nothing recovered, his bank account froze and 4 months later I received monies taken but he has changed his account now.

He has done everything to slow down the process, he has demanded DNA tests once I agreed he changed his mind. Failed to turn up for an interview under caution, not responded to letters or answered phone calls. I have provided all his details ie bank account, informed them of the house he bought recently, employee details, car registrations(he and his wife have convertibles yet bailiffs couldn't take them).

All I want is the money he owes approx £6,000 which is tied up in 4 liability orders and charging orders. Why has it taken 2 years since he quit his job with the DEO in place to get him to the commital to prison stage? Is this the normal time scale?

He has failed to provide his earnings since being self employed so they have gone to his mortgage company(Nov 08) and use the info he provided them, which of course he is saying is incorrect yet he has failed to supply his true earnings, he has had £525 fine and £75 costs last month for failing to supply his earnings to the CSA.

I work full time to support our child and as most caring parents go without so she doesn't. To add insult to injury I gave him £17000 in Oct 06 to buy him out of our home, he has refused the contact offered for our child via a contact centre (he was physically and mentally abusive towards me for years).

How do I make sure I get what I am entitled to and what he is paying? Can I sue or make a compensation claim? It has cost me dearly in weekly calls wanting to know what is going on and at times telling them what they should be doing to progress my claim.

I feel they have from day one been laid back, reactive as apposed to proactive, have put upto 4 written complaints in and to be honest the resolution is not up to par. When I try and speak to the revelant people I get told I will receive a call back in 48hrs, how many of those are actually done! Am lucky if 5% have actually called me back. Not forgetting the favourite response from them ' its not my team that deals with that'.

Any help would be greatly appreciated.


An exhausted mum trying to support her child.

PlayingHardball

Wow, I have read your post with interest and anger. I can't advise, but others will come on who will. I can say, though, aren't you glad to be rid of him! Lets hope he is made to pay eventually for your child's sake. Try and keep your head level and not get too frustrated, if possible.

Lets see what others with more experience will advise, I would suggest going through your local MP, as it sounds like several blunders by the CSA to date.

sarahx1

:money:Thanks Playinghardball, if only it was easy to contain my frustration. He bought a house 20 seconds from me with the payout from our home and has haunted me for the whole time we have been split. Have had several undertakings for him to stay away from me and not harass, pester or intimidate me, he has also been on police bail for criminal harassment.
He stands and watches our child play from a distance has even approached a 6 year old boy who is friends with our child(who he does not know only for the fact he has seen them playing together)and told the little boy he is our childs father and pointed out where he lives. I am guessing in the hope the little boy says something to our child!! Police are a waste of time although it is all logged for future reference.
I would love nothing more than him to see our child and play a part in her life but I do not trust him he has told that many lies and threatened me numerous times to the point I fear for hers and my safety and don't allow her to play out often as I do not know what he is capable of.
He has even stooped as low as to try and use my eldest child(not his) feeding him a pack of lies of how he has always bought her presents and cards for xmas, birthdays, etc which I bin. All a pack of lies, he has spent £8.99 on a pair of PJs and had 3 cards which I have kept and nothing else.
I cannot afford to move, I have even thought of renting but this is more than my mortgage so looks like I'm stuck.
Hope its true what they say - what goes around comes around!

donna8721

I've had a nightmare with both the CSA and the police when it comes to my ex and he lives 120 miles away from me!! I really feel for u Sarah and hope that you get the right advice which may help you be able to move forwards. Sadly I have none right now but didnt want to read and run. Take care and all the best for you and your family.

kelloggs36

I can fully empathise with you - my own case took 7 years to get a single penny from him. Call them today - my bet is that the Courts set an amount for him to pay - which he won't, then the CSA will have to go for a Show Cause hearing which will take longer as they re-apply to the courts for a hearing date. Don't give up though!

As for charging orders, provided that the debt is over 5k they can apply for an order for sale - it may be because each liability order is small that they aren't doing it - it may be worth confirming this and arguing against this as if he sells, all liability orders are then paid off. Committal means that they can go for it 4 times in your case - once per liability order, so if he doesn't pay the first amount, he will be taken again for the second etc. You need to check what state the case is at - was the committal in respect of a single liability order? Let us know what they say today with an update on what happened.

sarahx1

Thanks Kelloggs36, CSA advised the commital proceedings adjourned until end of the month the judge doesn't want to make a decision until he has my ex's income, being self employed he'll just take a couple of weeks off to provide a low monthly income - I know him!

I have 3 LO and charging orders for £1242, £1329 and £1773, they are currently applying for the 4th at £1636. The commital to prison is against the 1st LO of £1329 and they are going for separate commitals for each LO.

I put in yet another written complaint to the CSA last night which is getting looked at - won't hold my breath.

My ex hasn't paid his weekly payments since the DEO 2yrs ago, yet the LO they took him to court for commital is from 2005 til the beginning of 08 why has it taken this long for a commital? Is this the usual timescale?

Why is the other PWC whose current claim is new(only 6wks) getting current payments and the money sent to me is for debt? Can they do this from the same payment? If he is paying a debt enforcement officer the money and he believes he is paying money of the LO that he is at commital to prison for why have they paid part of it to the other PWC?

I can fully understand why PWC give up and close their claim down, I am very close to this to save my sanity!!

My ideal solution is a force of sale so he won't be living next to me, but the stress and dismay I have faced with the commital proceedings don't think I could handle the force of sale. Apparently I have to be interviewed to find out how him losing his house(all his own fault) will benefit our child. The cheek of it, so I basically feel like I have to explain what I have spent my money on to justify him losing his home! Like most caring parents I am the one who goes without so my kids don't have too.

Any suggestions or directions I should go in would again be appreciated.

kelloggs36

I would have thought that payments in would be split in order of priority - have you queried this with them? Definately put this in the complaint letter.

I wouldn't worry too much about them interviewing you - afterall, as you said, HE CHOSE the path he has taken, and so if he loses his house, so be it - he could have avoided it by paying regular maintenance!! How will it benefit your child? By being able to provide what your child needs without having to sacrifice extra time spent working so that you can afford to live would be a start!!!!!

Yes, it takes an age for committal proceedings to get going - it is a last resort afterall.

sarahx1

Well I put in a compliant letter on Monday evening and my case officer could not answer my questions and told me that the few sporadic payments my ex had made recently which my caseworker had told me was for my debt and had nothing to do with the other PWC has now advised me completely differently. He is now saying that any money received from my ex partner through the agency should be first paid as current maintenance and then he thinks the oldest debt but isn't sure.
As now he believes that once a LO is in place the only way it can be reduced is through the courts ie force of sale of a property, freezing monies in an account or commital proceedings. So he was under the impression that perhaps the money he has reduced the LO by he maybe shouldn't have. Which is scary when they have been to court twice for commital proceedings on the LO luckily it was adjourned.
My question was simply why is the other PWC getting current maintenance and I am only receiving debt payments. They do not have a clue as every answer they were giving me raised more questions which I obviously asked. The outcome - they don't have a clue and will have to go to 'the top' to the people who write their guidelines and procedures to figure out what should have happened to the payments and if LO can be reduced outside of court!!!
I have demanded the £60 owed to me which I was told I would get, it would take up to 6 weeks. Plus the whole of the £100 paid last week, I was told that if I had been promised the money by the agency then they would have to pay me regardless if I was entitled to it., So have given the name of the person who promised me the money and they have confirmed he has told me I would get the £60 and he will ask him about the £100!!
I am annoyed at the incompetence I have received from the outset of my case some 4+yrs and am thinking of putting in another letter about the way in which my case has been handled from day one. Have dozens of examples of the incompetence of the agency. How would I go about this would it be better getting a solicitor or MP involved? Who would I address it too? I would like to ask for compensation for the distress, worry, false promises inaccurate information, cost in phone calls and my time just making sure they are doing what they say they would do!!

What are my chances?

bdt1

Practically none - sorry to say but most of us on here are also victims falling foul of the CSA incompetencies - I've had an incorrect assessment (CSA Appeals agree it is incorrect, yet don't have autority to correct it), have Tribunal pending, and as result have arrears which Appeals agree are not owed, yet Enforcement Dept refuse to suspend as they have 'targets', so now have LO, CCJ and application for charge on house - for ???? arrears, even though have submitted evidence assessment that this is way off the mark, but amazingly enough - CSA have 'lost' their evidence to state their case - they are immoral and corrupt!

You could try your MP some are better than others, but if they are in any way involved in expenses cases or Labour ?stepping down, they may not be interested, I believe if your MP is from Opposition you have better chance

sarahx1

Just an update, had my compliants manager admit that there has been maladminstration on my case, also I had been misinformed numerous times, admitted that I have not had the service I should have.
Getting a written apology from the person who told me I will be getting the money and then advised me I wasn't but he still thought I should.
Have asked him to look at my case from day 1 because I think the CSA has not taken action on my case I reckon for period(gaps added up when they did nothing) totally 12-18 months. Told him I should be further along than I am with my case and I would have been getting money by now from the commital to prison hearing.
They are looking at a financial re-dress for me, fingers crossed.

CMAC_2

sarahx1 wrote: »

Just an update, had my compliants manager admit that there has been maladminstration on my case, also I had been misinformed numerous times, admitted that I have not had the service I should have.
Getting a written apology from the person who told me I will be getting the money and then advised me I wasn't but he still thought I should.
Have asked him to look at my case from day 1 because I think the CSA has not taken action on my case I reckon for period(gaps added up when they did nothing) totally 12-18 months. Told him I should be further along than I am with my case and I would have been getting money by now from the commital to prison hearing.
They are looking at a financial re-dress for me, fingers crossed.

A commital to prison hearing is a punishment for none compliance not a means to obtaing child support. The Mag court might give a suspended sentance if he agrees to pay but the problem is if he hands in his income/means and he has little income the payment will be very little and the csa will have come to the end of any enforcment action. As for financial redress as there is no delay on behalf of the CSA doing the calculation the problem is the enforcment your looking at £75. to £150 only.