Old employer didnt pay csa but took money

PreludeForTimeFeelers

What's to stop an unscrupulous NRP from writing their own payslips and saying that their employer deducted way more than they actually did?

Should the CSA/taxpayer take the hit on this?

I agree that by the sounds of it theft has taken place, by the employer, therefore the NRP should take actions to get it back.

Marisco

PreludeForTimeFeelers wrote: »

What's to stop an unscrupulous NRP from writing their own payslips and saying that their employer deducted way more than they actually did?

Should the CSA/taxpayer take the hit on this?

I agree that by the sounds of it theft has taken place, by the employer, therefore the NRP should take actions to get it back.

No, the thieving employer should!

RuthnJasper

Marisco wrote: »

Agreed Ruth, but according to some, the debt, according to the CSA is still the op's! It would be very interesting to see what the outcome of this is. One thing I do know, if it was me, there is no way I would pay this again, no matter what the CSA try to claim!! I would fight it "tooth and nail", and make sure it got maximum publicity!!

Yes, I suppose, in a roundabout sort of way, that was one of the points I was trying to make. But you, Marisco, as well as DUTR, have been especially helpful on this issue.

Perhaps, HardUpandFedup, you could consider their views foremost, along with the other posters (including me) and see if you can get some free legal or benefits advice from the CAB (link to find your local one:- http://www.adviceguide.org.uk/) - maybe print out this thread and take it along as well, to help you.

Best wishes, OP - to you, your OH AND to the child. x

PreludeForTimeFeelers

I actually read something about this earlier today - the reason that the debt would remain is because legally the CSA can't pursue the employer for the money that had been taken. The debt is strictly the NRP's. The CSA would bear this in mind when it came to allowing the NRP longer to make arrears payments, but not a great deal more.

Marisco

Well I'm afraid they'd have to whistle for it, before I'd pay it again! And I'd certainly report the employer to the police for theft.

chall1964

As far as the CSA are concerned, it will remain the responsibility of the NRP to ensure the payments are made - which is crackers when a DEO is in force, as the NRP has no control over the funds after they have been deducted by the employer.

hard up and fed up, I would query with the agency why they failed to contact you during the prolonged period that payments were due and not received by them and what contact they had with the employer at the time to try a resolve the issue.

Sadly, I also think you will possibly struggle with hand written wages slips

Best wishes.

chall

lesgeo2012

Marisco wrote: »

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!

Well said! My dad worked for a kitchen fitting company (proper wage slips, the lot) When he got made redundant and took a visit to the benefits office, it turned out that the company had not paid his NI contributions for 2 years even though it was deducted from his wage! Thank god he kept his wage slips, it got sorted out in the end.

Submor

I find myself in a very similar situation.

I first got suspicious when however much I paid to the CSA by DEO more arrears mysteriously appeared. I originally tried to get answers by telephone to no avail, I was either fobbed off or told I would get a call which never came.

With a bit of research I finally sent for a statement of account, this showed several missing payments totalling £1900. Through my research the prevailing theory seems to be 'do not deal with the CSA by telephone' so i wrote a letter querying this. NO REPLY? Until i received a letter demanding more money. So I wrote another letter and marked it complaint. I now get a reply which says they need to find my original letter to address my queries and they have 'heard' that I have changed job and can they have the details.

Again a month of silence whilst i wait for them to find my original complaint. So I wrote another letter again headed complaint querying why is it taking so long to answer a relatively simple question of where is my money going. I now get another reply confirming that they have not been receiving payments!!

This brings things up to date, I have written a letter to my former employer(who i parted with on good terms) asking him to investigate the matter. But it states in the CSA's most recent reply that the debt remains my 'responsibility'.

This is disgusting and must surely be illegal, I would not even know about the missing payments if I had not become confused why my debt never seems to clear! My intention is to take this to my MP, my ex-employer to small claims court(although this will cost ME more money) and follow the CSA complaints procedure through to the Independent Case Examiner.

I will keep you posted on how things go

kevin137

You could probably get a ruling on the County Court pretty easily. But it is a time thing.

I would look at taking a 2 part County Court complaint out.

For the money against your ex employer, but an injunction against the CSA for that money to be collected again.

This would serve to give notice to the CSA that you deem the legislation that YOU are still liable for the debt as unlawful as you have NO say in what is effectively a FORCED method of collection with no recourse.

It will make no difference to cost to you to do this, but on submitting your paperwork in the right way, you may very well find that the judge looks at this as some kind of contract they are breaching. As in, you can't have your cake and eat it....

Worth a try, and as i say, no extra cost to you, so why not. It will also keep them off your back for collecting the arrears in the meantime while you fight this. Which is they are asking for new employment details they are already looking at imposing another DEO and will add arrears onto that without a doubt...!