Interim Maintenance Assessment

Newtothis_2

Have been browsing this site for help and guidance - amazed to see so many people in similar position. It's very sad that so many PWCs decide to defraund their ex partners and the state.

Can anyone help me wade through our dispute:

I am NRPP battling on my husband's behalf against an arrears calculation which arose from a periodic case check and subsequent reassessment in June 2000, of which we had no knowledge (believed CSA case to be closed due to previous reconcilliation of NRP and PWC). I think that we can challenge this on the basis that we can prove that we did not receive the IMA as CSA were using an address on their file known as 'Dead Letter Address' and I have council tax records showing our actual address at the time - therefore the assessment contains no housing details and is incorrect in terms of income etc. Can we force them to reassess on actual details?

Also, just trying to figure out - how significant is the MEF that I assume must have been sent beforehand - it's not easy to tell from our Data Protection file when one, if any, was sent.

Many Thanks

kelloggs36

The MEF is extremely important as it sets the Effecive Date of the whole case. If no MEF was ever sent, then there is no case.

In respect of your PCC, you need to appeal - have you still got time? Even if you are out of time, you have nothing to lose - if you can prove that the NRP resided at an address different to that held by the CSA then you stand a very good chance. Have you asked you hubby if he remembers getting a MEF in the first place? Did he notify the CSA of a change of address?

Newtothis_2

Kelloggs - thank goodness, hoping it would be you!

Should have added - when case first opened in 1996, payments were made but ceased on their reconciliation - clear now that csa not informed (she said she sorted it) - they even have a TIDO showing him at same address but never pursued it.

In answer to your question, no form received asking for new details- do you know if they refer to it as a number? I have been going through the DP log and they refer to forms being sent - mainly 801(?) - again to this address that already had on file as dead letter - lots of notes to say that various 801s returned by royal mail "addressess does not live at this address" (probably from the landlord?).

I am also confused that TIDOs they sent out between 2000 - 2004 never returned our actual address - we have been to council office and have confirmation from Inland Revenue of our actual address - big part of our issue is the 4.5 years it took them to "find" us.

kelloggs36

I can't remember the number of the MEF!! what is the very first entry?

kelloggs36

TIDO is the tax office request - seems that the tax office didn't hold the correct address for some reason??

Basically, if you can prove that NRP lived elsewhere and no MEF was ever sent to a confident address, the case should be closed.

Newtothis_2

it's really confusing - lots of TIDOs received, 154 returned and this form 801 which keeps coming up - sometimes refered to as clerical 801.

Very first entry (June 1996) refers to the original assessment which was being paid - TTW not allowed - under 150 miles.

kelloggs36

There must be stuff before this because the first entry refers to the assessment - it looks like there was indeed a MEF for him to have completed as this is how they know his travel to work is less than 150 miles per week. You need to know the date of the MEF issue - call them they should be able to say.

Newtothis_2

Thanks for this.

Am awaiting a call back from them already just wanted to be better informed when we speak- it's being assigned to a case officer via the parliamentray resolution team. By the way - our MP is fantastic and i would definately recommend anyone having problems to get them involved.

Having spent most of today going back through the DP file I can establish that there was an original MEF completed in 1996 - the resultant assessment was paid until he moved back in with her - he didn't tell them as she said she did and he heard nothing more until 2004 (and we have been battling ever since).

What I really need to know is if we can get them to allow us to appeal this assessment made as a result of a periodic case check in 2000 - he didn't know of its existence and it is calculated without any housing costs or reference to our dependant child. Also they used income from an old employer.

We are pursuing this as like many other naive people we have hit a brick wall asking for voluntary payments to be taken into account - we had a private arrangement which she denies - no reciepts bank statements that don't state child maintenance - the normal horror story

kelloggs36

Ahh, I see now. I am assuming there is no evidence that the PWC notified them of this change? I wonder if she claimed benefits as a single parent at that time? The CSA can check that out.

As for PCC if he can prove that he didn't live at the DLO address then again he will have a case. Does he have any old bank statements, bills etc which have his name on showing the same address as the PWC?

Newtothis_2

We have our daughters birth certificate showing him at the PWC address and they have a TIDO showing him there - dates about a year apart so reflects the time scale- but they have so far been unwilling to consider these - but we continue to put on the pressure. The PWC was apparently claiming benefits at least for some of the time but the debt they say is owed is mainly to her - I'm sure they're planning a fab holiday if they manage to win. It's not as much as we paid her directly over the years but not far off ...

Do you mind me asking - I saw on here that you might be an ex employee of the CSA?

kelloggs36

Yes, I was a face to face officer dealing with CS1 cases. I am also a PWC who has had an extremely non-compliant NRP. I will help anybody regardless of which side you are. I can't guarantee that you will agree with what i say sometimes, but I try to be impartial and state what is, and when it is my opinion I will say so. There are lots of myths about CS1 which I try to dispell! I am happy to give advice to try and help anybody ensure that they get what the law says they should - either side. So, if you say that he was with the PWC we need to find as much evidence as possible to show this. If she was on benefits as a single parent for some of the time, it may be more difficult for this period as she will have been committing benefit fraud and the CSA will not consider this unless Income Support agree that this is the case. What about bank statements? Council Tax? Gas and electricity bills? Any credit card bills or bank loans? Employer records?