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What will happen if he has no work?

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  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    speedster wrote: »
    not strictly correct there i'm afraid.

    the csa do not have the legislation or power to close any cases or write off any debts. especially when it's owed to the SOS.

    the OP could well get a bill for tens of thousands of pounds through the door and end up with a LO, charging order, bailiffs and committal proceedings.

    be under no illusion. they can and will take these measures to recouperate monies towards the benefits bill and to boost their bonus'.

    Have to say thats what happened to me - I was on benefits for a short period of time and when I went back to check on my case it had been closed even though they had his name NI number where he worked the lot! My claim was about the same time as this baby was born and they sent someone around to fill the form in for me :rolleyes: and then I heard nothing else until I wanted to claim the money I was owed, only to be told it had been closed and I needed to make a new claim.

    We are still unravelling it 6 years on..............
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Kimitatsu wrote: »
    Have to say thats what happened to me - I was on benefits for a short period of time and when I went back to check on my case it had been closed even though they had his name NI number where he worked the lot! My claim was about the same time as this baby was born and they sent someone around to fill the form in for me :rolleyes: and then I heard nothing else until I wanted to claim the money I was owed, only to be told it had been closed and I needed to make a new claim.

    We are still unravelling it 6 years on..............

    Yet another poster on here is now being hounded for arrears for a case which was closed by the PWC but the CSA didn't. They really do seem to make it up as they go along sometimes.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    I know! You couldnt make it up really :mad:

    My second husband is a NRP too under CS1 and the issues we have had with that have been monumental too. The only tiny shred of comfort I have is that his kids are well provided for and thankfully we both earn enough to support my kids (they are ours but you know what I mean!!)

    So despite their father hiding behind the incompetancy of the CSA (its all legal you know :mad::mad:) they are all ok.

    One day we may even have money.......................................
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • DX2
    DX2 Posts: 8,275 Forumite
    speedster wrote: »
    please re-read the posts.

    she's on benefits and has not declared father's info. in which case, there will be a case.

    they'll ignore her benefit fraud and he'll end up paying again.

    as i am. :mad:
    She may well have been on benefits, but what if she told the CSA she didn't know who the father was ;) there may well not be an open case.
    *SIGH*
    :D
  • speedster
    speedster Posts: 1,300 Forumite
    DX2 wrote: »
    She may well have been on benefits, but what if she told the CSA she didn't know who the father was ;) there may well not be an open case.

    no. but as soon as she gives them his details, they will do their best to recouperate as much of the benefits for the SOS as they can.

    they will also ignore her fraud, as they know there is naff all chance of getting more than a fiver a week off her anyway. they'll also protest how it is a different department that deal with fraud.

    you will inform the relevant department of her fraud, send them concrete proof and they will do naff all either.

    you will then be chased for the arrears using every draconian power in their arsenal.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • DX2
    DX2 Posts: 8,275 Forumite
    speedster wrote: »
    no. but as soon as she gives them his details, they will do their best to recouperate as much of the benefits for the SOS as they can.

    they will also ignore her fraud, as they know there is naff all chance of getting more than a fiver a week off her anyway. they'll also protest how it is a different department that deal with fraud.

    you will inform the relevant department of her fraud, send them concrete proof and they will do naff all either.

    you will then be chased for the arrears using every draconian power in their arsenal.
    If a case hasn't be opened then the csa can't chase anyone for arrears!
    yes she may well have told the csa that she didn't know who the father was and the father has been given her cash in hand (so to speak) and committing fraud but there is nothing the csa can do about this a) because there is no case open and b) it is a different dept who deals with fraud.
    *SIGH*
    :D
  • Thanks for all the replies but I'm now freaking out here!!!

    Is there anything we can do to retrospectively safeguard ourselves?

    Also, if the worst happens, is it just him that they will go after or will it be me as well?

    Just to say, that we don't know for certain that she's not declaring it, but then we equally don't know that she is.....
  • DX2
    DX2 Posts: 8,275 Forumite
    anon33 wrote: »
    Thanks for all the replies but I'm now freaking out here!!!

    Is there anything we can do to retrospectively safeguard ourselves?

    Also, if the worst happens, is it just him that they will go after or will it be me as well?

    Just to say, that we don't know for certain that she's not declaring it, but then we equally don't know that she is.....
    You need to start documeting it getting her to sign a receipt make sure it stipulates "child maintenance for said child" just my opinion. You are not liable for his child maintenance ;)
    *SIGH*
    :D
  • anon33
    anon33 Posts: 6 Forumite
    DX2 wrote: »
    You are not liable for his child maintenance ;)

    That's worth bearing in mind, particularly for savings etc.
  • speedster
    speedster Posts: 1,300 Forumite
    DX2 wrote: »
    If a case hasn't be opened then the csa can't chase anyone for arrears!
    yes she may well have told the csa that she didn't know who the father was and the father has been given her cash in hand (so to speak) and committing fraud but there is nothing the csa can do about this a) because there is no case open and b) it is a different dept who deals with fraud.

    again, not correct.

    the debt WILL exist, they just haven't got a name on it yet. wouldn't be the first time an NRP gets the dreaded brown envelope for a bill for £30k for a child they didn't know even existed.

    also, i get the feeling that you think the csa will be acting "legally" i can assure you, they wont. they can get a LO without proof of the debt being correct. (unconstitutional, and against the HRA) and incidentally, they are the only ones that can do this.

    so, if you admit to owing a tenner, they can and will get a LO for 30k if they want to. they are a law unto themselves and DO NOT under estimate the depths they will stoop to, just to get the figures and their bonus' up.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
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