CSA help

Sophis

Hi all

I'm newish to posting on these forums but have been around reading for quite some time, I'm now after a bit of help. 2 years ago after receiving no support off my daughters dad for 7 years I decided to get in touch with CSA as he was and always has been unwilling in any way to pay for her although he had always been in her life albeit he only saw her for a couple of hours every other sunday but that was his choice when he could fit her in, with his busy work schedule. anyway to cut a long story short I went to CSA after he stopped even buying her birthday and christmas presents and got a letter back saying he doesn't have to pay anything as he earns nothing, the problem I have is he is self employed as a painter and decorater and as a bouncer but doesn't declare any of this to the tax man, he is earning a lot of money drives around in a BMW and leads the life of riley while we struggle along, I have explained all this to the CSA but they just say they will look into it and everytime I ring possibly 20+ times they say nothings been done but they will look into it, I was told to ask for a variations form by a solicitor i contacted but CSA refused to give me this, they once sent out a letter saying in order to do anything I would have to agree to a DNA test, I agreed to this sent off all the paper work and again heard nothing back, so I rang them again and got told again they are not going through with this as he doesn't earn anything and doesn't claim benefits, I asked how he could possibly not earn anything and live i'e eat drink, drive around in a posh car and again they just said they would look into it. I just wondered if anyone else had been in a similar situation and if they managed to get anywhere with the CSA or what I should do next with regards to my claim.

Thanks in advance

Kimitatsu

Hi Sophis

Welcome to the boards there are many of us who have been in this situation, and I would urge you to read Kellogs36 thread if you need inspiration! It may take a while BUT you can get there in the end.

Ok, so to practical matters, have you put in writing the request that they reassess his income? You need to put EVERYTHING in writing because so far from what you have said it sounds like your case has been poorly managed and you may be able to make a claim for maladministration.

Put in the request for a reassessment, they have a certain time limit in which to do this (will check and come back to you) when the assessment comes back as a nil assessment then put in a variation on the basis of lifestyle inconsistent with income. YOU will need to provide all of the evidence for the variation, so things like the registration of his car, if you can get any photos of him at work, where he works, who he works for, how much was he baing paid when you were together etc etc. The more information you can gether the easier it is for them to put the variation together.

You can also put in a request for all of your files under the Data protection act - there is a sticky at the top of the boards which will tell you how to do this, it costs £10 but it may be worth it in the long run.

If he is claiming that the child is not his, is he named on the birth certificate? If he is then his claim is irrelevant as he had to register the birth! If not then push for a DNA test OR that the CSA assume parentage, that way he cannot wriggle out of that one.

None of this will be quick, there are several of us on here who have been battling for years, but if he is found to be defrauding the CSA and tax man then they will backdate the arrears so you will get them eventually.

NACSA (www.nacsa.org.uk) are alos another wealth of knowledge and if you suspect maladministration I would seek advice from them. You can get some advice free of charge or you can pay a yearly fee and then you can get unlimited advice.

Good luck and please ask any questions you need to

Sophis

Thank you so much for taking the time to help. Up to now I have just been ringing them over and over again so nothing in writing but will definitely try this as have not got anywhere ringing. I have just read through some of kellogs36's thread and it is really good to see that there is light at the end of the tunnel for some, and as I said I am really grateful for your suggestions as I was at a loss of what to do next and will be following them through, so again thank you.

Sophis

Hi again I sent some info to CSA and wrote to them as suggested here is a copy of the letter I sent along with some pages I printed off facebook where he talks about work, and of buying a new van for work purposes, and photos showing him working.


Dear sir/madam
I am writing regarding my case with CSA
National Insurance no:
Me: *********** D.O.B ***********
Daughter: *********** D.O.B ***********
Non Resident Parent: *********** D.O.B ***********
I put in this claim over 2 years ago, and am unhappy with the progress. I received a nil assessment shortly after I put in the claim which stated, as he wasn’t earning he didn’t have to pay anything. I informed you that he was working and gave you the details I had back then. I have telephoned you on many occasions but seem to be none the wiser to my case. The problem is that he doesn’t declare any of his earnings for tax so there is no record of him working. I was advised to ask you for a variations form which I did but was refused this by the person I was speaking to on the phone (unfortunately I didn’t take down his name). I was also sent a letter stating that the NRP was denying he was the father and asked to consent to a DNA test which I did and heard nothing back from you, I again telephoned yourselves to see what was happening and was told the DNA test wasn’t going ahead at the moment because he isn’t earning anything. I know for a fact that he is working and is reasonably well off as he has two jobs, one being a full time self employed Painter and Decorator. The other being a Pub Doorman. I have printed off and enclosed some pages from facebook where he talks about work and also pictures he has on facebook which show him working as a doorman outside a public house it also shows his badge and number, which I believe say that he is registered with **** and if I have read it correctly his badge number is **************. I would like to ask you to re-assess my claim.
Yours sincerely

This was sent to them on 20th January and I have continuesly rang them since. I got told that they had sent him a letter in which he had 14 days to respond and to give them a ring back after those 14 days to find out more information. I rang them back and was told that he had not responded to the letter so they would have to send out a reminder and he would again have 14 days to respond. So again I gave them a couple of weeks and rang back again I was told the same thing as before the he hasn't responded and another reminder would be sent out and if he didn't respond it would be sent to there criminal compliance team, so I again gave them another couple of weeks and have just rang up this morning to be told exactly the same a reminder will be sent out and if he doesn't reply it will be sent to the criminal compliance team. I was told 2 years ago when I first got a nil assessment that my case would go to a criminal compliance team but I don't think it ever has as when I mentioned this to the lady on the phone she went quiet also she said if I am succesful at getting anything my payments would be backdated to when I asked them to relook at my case I said to her well its been over 2 years now since I put my claim in and she went really quiet and then said where doing everything we can and I will get this letter out to him this afternoon. I think the may have stopped my claim at some point but I'm not sure, and I'm not really sure what to do next I just keep getting fobbed off eveytime I ring. kimitatsu mentioned I could get a copy of my files will this show what they have been doing with my case? and if anyone can advise me on what I should do next I would be really greatful. I feel like I should be constantly on there backs to get any progress which I have been over the last few weeks, but I never know what to say to them and always come off the phone feeling like I've just been given a load of excuses again and nothings progressed. I did talk to someone from NACSA before and they told me to ask for a variations form, but as mentioned in my letter to them they will not send me one out, and I can't afford to pay for further advice from them.

Thanks again Debbie

DUTR

Sophis, you will be fighting a long uphill battle, they can only assess on declared earnings, so you can forget the undeclared earnings, even if you grass on him, you still won't be entitled to a portion of that. The csa can send out the letters but they cannot force the nrp to reply to them, yes they have sanctions that they can levy, but often they are hot air to the very stubborn non contributors, your child may well be an adult before you see a penny.
Good Luck

vasseur

I had similar problems 7 years ago (although not quite as complex as yours).

I'm not sure if it will help but I was told to put everything in writing (send it gauranteed delivery if you can) and mark it as a complaint. I was told if I did this they would have to deal with it (:rotfl:). Don't write the letter as a long essay. Keep to bullet points (as much as you can while keeping details such as timescales in) - they are more likely to read to the end.

Strangely enough about 2 months after doing this I got my first payment plus arrears.

The procedures have probably changed now but you have nothing to lose and at least if it's in writing you have proof.

Have you tried writing to your MP?

I do feel for you. It is incredibly frustrating and you are at the beginning of an uphill battle.

sjc3

I would get the full copy of your file as another posted suggested and get your MP involved. By what you have told us it sounds like your case has been badly mismanaged to say the least.

vasseur

sjc3 wrote: »

By what you have told us it sounds like your case has been badly mismanaged to say the least.

I got £50 compensation for this mismanagement of my case. It was very welcome but just another thing that the taxpayer had to bear.

DUTR

polesalot wrote: »

I got £50 compensation for this mismanagement of my case. It was very welcome but just another thing that the taxpayer had to bear.

£50 is hardly a weeks worth of CS, always puzzles me how some are pleased for the £50 , was the ultimate case resolved in the end though?

vasseur

DUTR wrote: »

£50 is hardly a weeks worth of CS, always puzzles me how some are pleased for the £50 , was the ultimate case resolved in the end though?

Yes I got the payment after it was resolved and it was trouble free up until January this year.

I agree it's not much and TBH it would have been better to have had something while I was struggling to pay everything else but kind of compensated for all the phone calls and letters.

I dread to think how much they pay out each year in compensation.

RedSky

polesalot wrote: »

I dread to think how much they pay out each year in compensation.

An average of £4 million a year from the last five years.

http://www.theyworkforyou.com/wrans/?id=2011-03-28a.47428.h