Is it safe to pay direct?

HelpMePay

Hi

Due to unusual employment conditions the CSA have told me they won't be able to carry out an assessment and so we can't use either of the two CSA payment options. The problem is that they won't confirm this in writing and have contradicted themselves several times. I can't find anything in the CSA documentation that supports the view that my role is out of their jurisdiction.

I want to pay the PWC, but I don't feel comfortable that the CSA won't look at my case in a day/week/years time and demand I pay again. The PWC doesn't want to close the CSA case, so we have a stalemate.

I have the money set aside and as soon as I feel I won't be pursued by the CSA I'll start paying direct but with my other kids reliant on my income as well I can't risk the possibility of having to pay twice.

The best the CSA have offered so far is to issue a nil assessment, but as I am actually earning and have provided details of income my fear is that they could look at the case again and backdate an assessment.

Any advice on how to proceed would be appreciated.

speedster

don't pay privately until you have it writing that the csa case is closed otherwise you'll join the lucky ranks of us who get to pay twice because of a lying, scheming PWC.

if you are out of their jurisdiction then if the PWC wants to cut their nose off to spite their face, then so be it.

Blob

What ever else you do get the 'Nil Assessment' in writing, they then can't go back on it!

If you want to pay the PWC, again get a signed receipt to say that the money is for CS and in lue of any CSA assessment pending their decision. This can then be taken into account in any future hearing by the Appeals Service.

Good luck

PreludeForTimeFeelers

Blob wrote: »

What ever else you do get the 'Nil Assessment' in writing, they then can't go back on it!

If you want to pay the PWC, again get a signed receipt to say that the money is for CS and in lue of any CSA assessment pending their decision. This can then be taken into account in any future hearing by the Appeals Service.

Good luck

They can, they can revise any decision/calculation carried out if there is good reason to do this.

I'd agree with Blob regarding any direct payments made, make sure that both of you agree whether maintenance is paid ahead or after, for example if you pay on Monday, is that for the week just gone or the week ahead?

There is a form you can download here;
http://www.cmoptions.org/en/toolbox/maintenance-form.asp

kelloggs36

If you pay the PWC, state on it the period and the amount, and the fact it is for child support, get a signed receipt for it - the CSA will accept this as sufficient evidence. The problems come when they say that PWC hasn't agreed that the money paid was for maintenance - get her to sign to say it was then you are covered.

HelpMePay

Thanks for the replies, its reassuring to know that my concerns are justifiable. I don't think this will be resolved overnight, but I think I need to stand my ground until we can find a balanced arrangement.

vitriol

why not pay by standing order - the csa have there sort code and account number you pay to and its forwarded on, your reference number for payment is your N.I. number (unique to yourself), therefore you have control as to when and what is paid, and this cannot (or should not be disputed), just a thought

kelloggs36

This is not sufficient - just because you put on it that it is child maintenance, doesn't mean that it was in reality does it? The PWC doesn't have any say on what the NRP states on his bank instructions what the money was for - it may have been a loan that they owed the PWC. The PWC has to agree that the money was indeed maintenance - hence a signed statement will suffice.

shell_542

Could the PWC not claim that their signature was forged?

kelloggs36

they could try but it much more watertight than anything else - it would have to be a bloody good forgery.

HelpMePay

I'm thinking along the lines of a signed agreement saying how much will be paid, how and when it may vary and that all payments from my account should be treated as receipts of payment of maintenance.

All I need now if for the CSA to come down on one side or the other, keep the case open and set up a payment schedule or close the case so I can move forward witht the agreement.

Thanks for all your help