Old employer didnt pay csa but took money

hard_up_and_fed_up

Hi
My husband is Nrp and has been out of work from redundancy since late last year. We got a reviewed payment schedule that included arreas of £1300..
We requested a statement of payments only to find that no patnebrs gad been made all year!! although the deductions are on his hand written payslips - they never made it to the csa and now we have to pay it all back again?!
I remember half way through last year that we got a letter from csa saying that no money had been paid. I spoke with the 'friends' employing him and they said they were sorry and would get it sorted out. Obviously they didn't and not long after they made him redundant we fell out and are no longer in speaking terms.
He has requested his p45 which should have been issued 6 months ago and tgey should issue by law but got response so i cant imagine we will get much cooperation on this.
I don't want to go in all guns blazing until I know where we stand.
Will the p45 show the csa deductions?
Does anyone know what we can do here?!
We feel totally robbed by the people we once regarded as friends.

DUTR

The CSA can only often act upon factual records, if they have not recieved payments then they can only act upon that, from the other content of the post, it would seem that on this occasion they are correct and the dodgy employer your hubby was working for may not have made the contributions, looks like you may have to pay it again.

Hmm71

I don't think your husband should have to pay the money. If the deductions are shown on his payslips then send scanned copies or photocopies of them to the CSA. It's up to them to chase the old employer for the payments.

DUTR

Hmm71 wrote: »

I don't think your husband should have to pay the money. If the deductions are shown on his payslips then send scanned copies or photocopies of them to the CSA. It's up to them to chase the old employer for the payments.

Perhaps you missed the part where the OP mentioned hand written payslips

Hmm71

DUTR wrote: »

Perhaps you missed the part where the OP mentioned hand written payslips

Not sure why that would make a difference? When I worked at the CSA we saw and had to use plenty of hand written wage slips. If the CSA had DEO as the NRP's method of payment and he can prove that the money was taken out of his salary then the CSA will have to chase the employer for the money.

CSA_Help

The DEO is between the employer and the CSA, however what makes it harder is the wage slips are hand written. Does the wage slips have the company logo etc. I would strt speaking again or failing that take advice from the CAb or a lawyer. They screwed up with my DEO once and wanted me to go to my employer to get the money back, however after telling them the DEO was between my employer and them i got a cheque in the post 2 days later for the overpayment.

DUTR

Hmm71 wrote: »

Not sure why that would make a difference? When I worked at the CSA we saw and had to use plenty of hand written wage slips. If the CSA had DEO as the NRP's method of payment and he can prove that the money was taken out of his salary then the CSA will have to chase the employer for the money.

I'm surprised in this day and age, hand written payslips are still issued even with small companies, basically I replied with what is more practical than perhaps what the OP would prefer to read, as having a fight on her hands is only going to increase life's stress.
I'm surprised the lack of reciept of payments would have gone 12 months before the OP's partner was contacted by the CSA, my suspicion is that there are key points missing from the original posting, but good luck to the OP with the fight with the CSA, as you have worked for them and would you like to quote the win/lose ratio ?

Hmm71

DUTR wrote: »

I'm surprised in this day and age, hand written payslips are still issued even with small companies, basically I replied with what is more practical than perhaps what the OP would prefer to read, as having a fight on her hands is only going to increase life's stress.
I'm surprised the lack of reciept of payments would have gone 12 months before the OP's partner was contacted by the CSA, my suspicion is that there are key points missing from the original posting, but good luck to the OP with the fight with the CSA, as you have worked for them and would you like to quote the win/lose ratio ?

I'd love to quote the win/lose ratio but I don't know it, sorry
But you're right, I think there is more to this than the original post lets on and the OP may well have a fight on her hands.

Marisco

If I were you op, I'd check that tax and NI was paid as well, regardless of what it said on the payslip!! You don't want it to come and bite you on the arris at a later date!

CSA_Help

Good point.

If you can provide bank statements that employer paid x and it tallies up with your pay slips then they should pursue your ex employer. Your not going to tell us it was cash in hand as then youd be stuffed.

kevin137

Speak to your MP about it, as others have said hand written could cause a problem, but you have fulfilled your legal obligation and the payslips prove this, if there is anyone to blame then it needs to be taken up with the employer.

That said, raise a formal complaint as well, that there is double charging going on, this will start the ball rolling in there process for chasing you for the money. And if they don;t like it, well that is tough. That is your right. I would be livid if it was me in that situation. There is a DEO why had they NOT chased the employer earlier when it was NOT being paid, a failure on the part of the CSA maybe. At the very least you would expect after a few months for them to contact YOU for failing to pay or ask if you had had a change of circumstances due to non payment...!