csa are going to take NRP maintenance without his consent

atwitsend_2

My maintenance case has been ongoing since Febuary, a few mess ups in the csa, like them requesting the wrong dates of income details from his employers etc, and I got an assesment a few weeks ago.
I rang up because I hadn't had a calculation, they said they needed to try and contact him to get his permission to take the money through direct debit (they have his details from last year when he was previously paying, before he told his bank to cancel the DD)

Well I rang up yesterday, and they say as he wont answer his phone, and wont respond to letters, they were going to do an attachment of earnings, but they have gone ahead and set the direct debit up! :eek:
they have sent a letter to his last known address to tell him, even though he doesnt live there
is that legal? I thought a DD has to be agreed!
Dont get me wrong, I want the maintenance (i havent had a penny since febuary), I'm just concerned that once the money has been taken from his bank, he will complain and it will get given back to him

DUTR

DEO comes straight from his salary not by DD from his bank, otherwise he could cancel the DD, mind you be aware he could just pack in work, good luck .

Kimitatsu

They will just set up a DEO, and they need no permission from him or the employer to do that (they dont even need to go to court). As the adress is the last known address they have and his work will inform him of the DEO if he queries his pay slip then they have made all reasonable efforts to contact him.

They wont set up a DD as he has already refused to comply with the CSA.

As DUTR has said he could just pack in work but I dont know how many NRP's do that in reality, the good news for you is that you should get some money very soon, they usually ask for it to be deducted from wages and to be with them by the middle of the following month (18th I think but someone else will know) and then they send it off to you within a few days, so you wont get the money this month, you may get some in Janaury and will definately get some in February They may have missed the pay run for this month as people will be paid early.

nettttie

My ex had a DEO! And then he left work so I've had nothing for a couple of years - he works cash in hand now:mad:

atwitsend_2

so they wont be doing a direct debit then? woman was adamant they would :rolleyes:
roll on me getting the payment schedule, at least then I know when they are going to be attempting to take money
I was concerned he would leave his job to get out of paying, they are going to be taking 40% because he owes 3k in arrears, so its gonna be a hefty payments! he uses an umbrella company even though he is self employed, the umbrella company then PAYE him, so chances are he will just leave the umbrella company and use a different one or worse still just sort his money himself ah well, take it as it happens, im not expecting anything anyway :rotfl:

Kimitatsu

atwitsend wrote: »

so they wont be doing a direct debit then? woman was adamant they would :rolleyes:
roll on me getting the payment schedule, at least then I know when they are going to be attempting to take money
I was concerned he would leave his job to get out of paying, they are going to be taking 40% because he owes 3k in arrears, so its gonna be a hefty payments! he uses an umbrella company even though he is self employed, the umbrella company then PAYE him, so chances are he will just leave the umbrella company and use a different one or worse still just sort his money himself ah well, take it as it happens, im not expecting anything anyway :rotfl:

If it is an umbrella company then he is trying to get out of paying the tax under IR35 (I think thats it - check out the tax board) BUT if he works for himself then you need to get an interim assessment put in place which is a minimum £30 a week plus arrears if they think he has enough money. If he goes for the I only earn £100 a week then they will assess him at a flat rate of £5 a week, then you have to appeal on the grounds of either diversion of assets (working cash in hand/money going into someone elses accounts/ services in lieu of payment) or lifestyle inconsistent with income (company car, several holidays a year, being able to afford a huge mortgage etc). You will need to say why you think these things are true and they will ask him to prove that it is not - if you fail in the appeal go to tribunal who seem to be more thorough in my experience.

The most important thing is not to give up, you have to take the long term view that this money is owed to you and your children and will have to be paid at some point.

Good luck

atwitsend_2

Kimitatsu wrote: »

If it is an umbrella company then he is trying to get out of paying the tax under IR35 (I think thats it - check out the tax board) BUT if he works for himself then you need to get an interim assessment put in place which is a minimum £30 a week plus arrears if they think he has enough money. If he goes for the I only earn £100 a week then they will assess him at a flat rate of £5 a week, then you have to appeal on the grounds of either diversion of assets (working cash in hand/money going into someone elses accounts/ services in lieu of payment) or lifestyle inconsistent with income (company car, several holidays a year, being able to afford a huge mortgage etc). You will need to say why you think these things are true and they will ask him to prove that it is not - if you fail in the appeal go to tribunal who seem to be more thorough in my experience.

The most important thing is not to give up, you have to take the long term view that this money is owed to you and your children and will have to be paid at some point.

Good luck

Orignally he told the CSA he was self employed (as he did my solicitors and his!) but a !!!! up by his family, meant two of his wage slips were left in my daughters change bag showing he was actually PAYE by the umbrella company, I have never done such a happy dance in all my life :rotfl: I gave the details to the CSA and they contacted the company who have given them all his wage details dating back to febuary, thats how the assesment was worked out saying he should of been paying £70 a week.
Does that mean even if he stops working now, he still owes me the arrears because they can prove he earnt in the time period?

Thanks for the advice, I'm off to look at the tax board to see why he is using the umbrella company! :rotfl:

Kimitatsu

Yes the arrears are still owed because he has been paid that money under PAYE. The CSA can also check with HMRC as he will have been paying tax and NI contributions at the PAYE rate too, so he cant wriggle out of it.

So even if he changes it now, he has to inform them of the change because the onus is on him to inform of a change of circumstances and until then the assessment will stand as it is now. The arrears that are on the account now can be enforced by the enforcement team so even if he gives up work they can look at a liability order on his property and so get the money that way. The CSA has massive and far reaching powers you just need to chase them to get them to use them.

atwitsend_2

Kimitatsu wrote: »

Yes the arrears are still owed because he has been paid that money under PAYE. The CSA can also check with HMRC as he will have been paying tax and NI contributions at the PAYE rate too, so he cant wriggle out of it.

So even if he changes it now, he has to inform them of the change because the onus is on him to inform of a change of circumstances and until then the assessment will stand as it is now. The arrears that are on the account now can be enforced by the enforcement team so even if he gives up work they can look at a liability order on his property and so get the money that way. The CSA has massive and far reaching powers you just need to chase them to get them to use them.

thats good to hear! He doesnt have his own house, he is living with the girlf (unofficially as she is on benefits) his parents have confirmed to me he lives with her, they refuse to give address, but I'm sure if a baliff or something turn up for him at their door-they may well give them her address!

PlayingHardball

atwitsend....I liked your 'dance of joy' when finding the payslips! I laughted, I can relate to that!

Sounds like your skivving ex's days of non-compliance are soon to be coming to a well deserved halt by the CSA! Good luck. That will be cause for another impromptu dance! lol

pd001

atwitsend wrote: »

thats good to hear! He doesnt have his own house, he is living with the girlf (unofficially as she is on benefits) his parents have confirmed to me he lives with her, they refuse to give address, but I'm sure if a baliff or something turn up for him at their door-they may well give them her address!

And to follow on....
if the bailiffs then turn up at his girlfriends place and he is actually living with her?.. then all his girlfriend has to say is that everything in 'her' house actually belongs to her and not him.

End of bailiffs..they will send case back to the csa and they will look to take further enforcement action