no arrears on account but they wont listen.

bdt1

Ok, not sure of your full financial picture, but understand what you saying.

If you (or your other half) owe a debt to the CSA, after you have received the money back from them (the overpayment to one PWC), and paid other debts off, then it is up to you to reach an agreement with the CSA to repay the (other) PWC. The CSA will give you a maximum of 2 years to pay what you owe, so, not sure but, suppose question is, how negotiable are your other debts, if you involve CCS, you can make minimum token payments of £1 etc per month - know this not paying off as such but may give you breathing space.

I know from experience that if you (allegedly) owe the CSA money, they will enforce this to the hilt. If you do not pay within terms they see as acceptable (usually max is 2 years) then they will get a Liability ORDER, they will send bailiffs to your home, they will get a CCJ against you, and if you own your home they will get a charge on the house for the outstanding monies - we know this - all happened to us, despite us now proving at Tribunal the money was never owed in 1st place - was CSA errors!!!!!!!!!!!!

Suppose depends also upon your relationship, the stress CSA cause by enforcement is horrendous, other agencies you owe money to, I'm sure will be more flexible with regard to payment terms, and will not ultimately make you homeless, as CSA more frequently now are knpwn to do

bdt1

Also meant to say, as the CSA are ridiculously inefficient, I wouldn't count your chickens until they've hatched - I mean do you really think you will be repaid money by the CSA any side of this millenium? They are hopeless

They will drag their heels at repaying you, without a doubt, and I trust the magic credit will not appear anytime soon

kezzygirl

i know they will probably drag their heels but the person i dealing with is the financial bloke at falkirk.there are other discrepencies too.we have requested all info from hubbys old work have on him in the hope that it will go back to when he started working there,as that is when deo started.not only that,no payments have allegedly been paid for 2years while he worked at the company!so hopefully we can prove that he paid..he had to as it was a deo.

kezzygirl

also,as hubby is not working,how will they get the money paid back?we dispute the arrears,we have had letters stating he owes nothing.

Steve40_2

kezzygirl wrote: »

also,as hubby is not working,how will they get the money paid back?we dispute the arrears,we have had letters stating he owes nothing.

They will take him to court to enforce a liabilty order on him magistrates have no power to argue with the arrears figure so 99% the order will be granted he will then have 2 years to repay the money if he doesn't they will take your home if you own it or take his driving licence, passport, send the bailliffs round your house or put him in prison . Basically anything they can to destroy your lives

Sorry to be blunt but you must expect the worsed you are dealing with neandethals.

kezzygirl

thanks for that,i did send u a pm but dont think it sent.there are £2000 alleged arrears which do not have the 2 years of payments he has paid(which we are now getting evidence for-fingers crossed)and also the many many payments they have made to the other pwc instead of splitting it....also all of the money they gave the other pwc when the child was with us.so sick of it.could we get out of paying it as it was their mistake for not allocating money?

spoke to falkirk today, he said the other pwc would not have received the money if she wasnt entitled to it!lol...the deo's say she should have been paid less than what she was getting!

dizzydusty

I think what needs to be established is how much maintenance your hubs was supposed to pay and then how that should have been split by the CSA to each PWC.

Im confused as to why they are saying there is an underpayment by your husband if the money was coming off DEO. I would have thought that the DEO amount would have been for the total amount of monthly maintenance he was due to pay for arguments sake say £300. For arguments sake say PWC one was to get £200, PWC 2 £100 per month. Now if the CSA didnt pay PWC 2 and paid PWC 1 the £300, he has still paid the correct amount, but the CSA have made a mess of it. So hubs has no underpayment of maintenance.

If the CSA then pay your hubs back for all of the payments that should gave gone to PWC2, but didnt, then he would have underpaid and would need to give this to PWC 2 to even things out again.

Obviously this example wont apply if his DEO wasn't for his full monthly maintenance. You need to double check what his full liability was for paying both PWC's and how much the DEO was for.

As we all know, the CSA are not very good at working out overpayments/underpayments!

Dizzy

kezzygirl

hi there, yes he was paying the full amount through deo and from what i can work out,was paying more than he should have.Its difficult to work out monthly payments for each pwc as all the csa have provided is what he should have paid weekly between two dates-for example 20/08/2002-26/12/2006 so it is very difficult.

Csa at falkirk called again today,they have sent another account breakdown out today since i called them yesterday and told them of all the missed payments STILL on the account even though we provided wage slips.then the bloke(i could name him but wont) said 'right well we still need to arrange repayment of what is owed'! hubby told him that we will not pay anything untill ALL of these discrepencies are sorted.wazzocks.

So, i presume we will have this new account breakdown either tomorrow or thursday so i can pick that to pieces too!

kezzygirl

not only that,they said that they changed the accounts over to the new system and so it had to go clerical?can they change it to new system?

Steve40_2

The problem with the DEO's is that the CSA set them up and leave them for years and years without even checking if they are collecting the correct amount .So when jobsworth does finally do a check 99% of NRP's are finding that they have massive arrears bills.
In the early days the CSA were supposed to reassess every two years but for whatever reason it just didnt happen

With regards to getting the case moved over to the second set of rules it probably better to get pwc2 to contact the idependant case examiner , on my case pwc2 got £3000 back payments out of the agency and it didnt cost me a penny