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PLEASE can someone answer this

caris
caris Posts: 730 Forumite
consolitory payment? Hi

We have had no end of problems concerning the CSA with regards getting payments from 2 NRP's.

We have been via the MP numerous times and eventually he agreed to us going to ICE, that was almost 2 years ago.

CSA have never implemented was they were told to do by ICE so we ended up going back down the ICE route last year.

We have just received the recommendations back that ICE have told the CSA to do and these are meant to be done by June this year.

However ICE have dismissed one of our claims because they say that the CSA gave us an advance payment form one of the NRP's arrears, however we dispute this strongley because the letter from the CSA clearly states that this amount is for a CONSOLITORY PAYMENT.

In the original ICE assessment they recommend that the CSA should compensate us for the errors and maladminstration that had been found on our cases, so seeing as the letter states the payment is a CONSOLITORY payment how can ICE say now that the payment was an advance payment for arrears.?

Can someone please confirm if there is an actual difference between CONSOLITORY PAYMENT AND ADVANCE PAYMENT, because if there is a difference then we are short of just under £500 being owed from one of the NRP's.

Thank you
caris

Comments

  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    caris wrote: »
    consolitory payment? Can someone please confirm if there is an actual difference between CONSOLITORY PAYMENT AND ADVANCE PAYMENT, because if there is a difference then we are short of just under £500 being owed from one of the NRP's.

    Thank you
    caris

    There is indeed a big difference between the two.

    You should not have gone back to ICE the second time. Now you MUST involve the Parliamentary Ombudsman via your MP. You must now also complain about ICE.

    Please see sticky post at top of this forum for more info.

    I really feel for you, Caris. It just goes on and on.
  • chall1964
    chall1964 Posts: 229 Forumite
    Hi Caris,

    Re; The payment you received from the agency.

    Did you have to sign a declaration agreeing that the agency could retain CS payments subsequently made in respect of the period of arrears?
    A fairer CSA for all
  • caris
    caris Posts: 730 Forumite
    Sensemaya wrote: »
    There is indeed a big difference between the two.

    You should not have gone back to ICE the second time. Now you MUST involve the Parliamentary Ombudsman via your MP. You must now also complain about ICE.

    Please see sticky post at top of this forum for more info.

    I really feel for you, Caris. It just goes on and on.


    Thank you for your comment, however we had no choice going back to ICE, we did write to the PO but they refused to look at the it and said it HAD to go back to ICE. On each occassion we have been forwarded via our MP.

    caris
  • caris
    caris Posts: 730 Forumite
    chall1964 wrote: »
    Hi Caris,

    Re; The payment you received from the agency.

    Did you have to sign a declaration agreeing that the agency could retain CS payments subsequently made in respect of the period of arrears?


    Thank you for your reply.

    No we did not sign
    any paperwork agreeing they could retain CS payments.

    caris
  • Sensemaya
    Sensemaya Posts: 1,739 Forumite
    Part of the Furniture Photogenic Combo Breaker
    caris wrote: »
    Thank you for your comment, however we had no choice going back to ICE, we did write to the PO but they refused to look at the it and said it HAD to go back to ICE. On each occassion we have been forwarded via our MP.

    caris

    Oh God, Caris. I'm so sorry. Recently I've found the powers that be are making life a lot more difficult resolving problems too. I think the complaints procedure have been advertised too well and they are cracking down.

    "However ICE have dismissed one of our claims because they say that the CSA gave us an advance payment form one of the NRP's arrears, however we dispute this strongley because the letter from the CSA clearly states that this amount is for a CONSOLITORY PAYMENT."

    Was this before or after the PO knocked you back?

    You must persist in approaching the PO, but has your MP written to ICE to clarify that ICE has got muddled up, because it appears they have?

    Chall is quite right. If you receive an advance payment, you must always sign for it and it normally attracts interest.

    Keep fighting.
  • caris
    caris Posts: 730 Forumite
    Sensemaya wrote: »
    Oh God, Caris. I'm so sorry. Recently I've found the powers that be are making life a lot more difficult resolving problems too. I think the complaints procedure have been advertised too well and they are cracking down.

    "However ICE have dismissed one of our claims because they say that the CSA gave us an advance payment form one of the NRP's arrears, however we dispute this strongley because the letter from the CSA clearly states that this amount is for a CONSOLITORY PAYMENT."

    Was this before or after the PO knocked you back?

    You must persist in approaching the PO, but has your MP written to ICE to clarify that ICE has got muddled up, because it appears they have?

    Chall is quite right. If you receive an advance payment, you must always sign for it and it normally attracts interest.

    Keep fighting.


    We received the payment after ICE made its FIRST recomenations, and stated that we must be compensenated. The letter from the CSA clearly states that it is a CONSOLITORY payments.

    We waited until after the date given for the CSA to put things right, then tried going back to the PO but the MP intervened and kept going back to the CSA to try and sort things out, without success, we believe the MP may have made it worse as he is the first person to confuse the so called consolitory and advance payment, we are now finding it very difficult to get anyone to accept that it was not an advanced payment.

    We have been told now we must give the CSA until June 10 before we can take the matter any further.

    With regards to the complaint about the consolitory/advance payment ICE have declined how do we now pursue this as we are convinced that it is incorrect, do we wait until June or do we appoach ICE again now or do we go back to the MP or staight to PO.

    It is getting more difficult as there is alot of paperwork that the CSA has either lost or not completed in the first place, this has been confirmed in the investegation, ICE seems to be taking the word of the CSA rather than letters which we have provided from the CSA as to the type of payment we received.

    I received a phone call from the man in complaints resolution who is looking to sort out our claim after he received the paperwork from ICE, he told me that there are a number of issues which ICE has said we should be compensated for, but he has told me the MAXIMUM the law allows is £250, is this correct, because our last consolitory payment was for more than this?


    caris
  • chall1964
    chall1964 Posts: 229 Forumite
    edited 8 May 2010 at 7:51AM
    Hi caris,

    Consolatory payment ~ to acknowledge and apologise for the way the agency have treated the person. These payments usually range from £25 to £500 but bigger payments may be made in appropriate circumstances.

    Advance payment ~ to the PWC, where Agency error or delay caused the accrual of maintenance arrears of over £100 and it would take more than 26 weeks for the NRP to pay off the debt at his normal payment rate.
    A fairer CSA for all
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