CSA issued a DOE then overturned it

okra

I have a child with my ex who is now 8 years old. We have had maintenance with the CSA for the past 7 years, and in that time he has failed to pay maintenance four times - each period lasting about six months. He still owes back pay from this - not huge arrears, they were about £4k at one point and are (or were!) being paid off at £22 a month

In October, he failed to pay again. The CSA chased the payments, and due to his history eventually issued a DOE order after he ignored their letters and calls, the second payment of which is due now.

I telephoned the CSA this morning, and was shocked to find that the DOE has been overturned. Apparently, the ex has contacted them and asked to pay by direct debit and the csa is now setting that up as a method of payment instead.

The woman on the phone said that 'we can always reissue the DOE if he fails to honour his direct debit', oh and don't worry, you'll get your arrears eventually. She said that the decision had been made, and that because a deal had been made with the ex to let him pay by dd they had to honour the deal. She said that I can't influence the way the csa chooses to collect payments.

What can you say to that? The ex can apparently influence the way they collect payments. The ex can even choose to not pay for six months at a time, repeatedly, thus getting himself an interest free 'loan' to be paid off at a low rate whenever he fancies it without fear of any consequences. The ex can't have his 'deal' broken now that he's made it because that would be unfair.

I could cry, frankly. To top it off, my ex hasn't even set up the dd yet - three weeks after they agreed it with him.

Is there anything at all I can do?

kelloggs36

I would complain because he has clearly shown by his past history that he can't be trusted and these are specific cases that need to have a DEO attached. However, if they stick to their guns, the first payment that doesnt come in, I would be on the phone to them demanding that the re-issue the DEO.

It really frustrates me too that the CSA listen too much to the NRP and get sucked into their plans to stall, not learning from past history. Whilst I am all for giving somebody a chance, if they stop paying then there should be no option but to slap on a DEO with no second chances. I thought they were supposed to be getting tougher on those that don't pay? I would certainly put that in my complaint and point out to them that he has a history of failing to honour his agreements, thus he needs a DEO to make him pay regularly. It makes no difference to him in the long run - he pays either way, but at least with a DEO he doesn't control it.

welshcakes

Hi Okra

You aren't alone and I for one can empathise with your frustrations at a system that is supposed to be set up to ensure the correct amount is delivered to the PWC in a timely fashion. It beggars belief that NRPs can behave so blatantly without regard or intent and a government body whose only task is to ensure regular payment can fail so miserably.

One of the most depressing things a PWC can hear from the CSA is don't worry, you'll get the arrears eventually. The majority of us need the maintenance now, not some time in the future - my ex's arrears are increasing every month and at present won't get paid off til 2008/9. That is money that rightly belongs to the children to provide for their standard of living now.

There is a No 10 e-petition requesting that interest on arrears be added to the NRP's debt (it is a debt full stop) and should be treated as such with statutory interest as far as I'm concerned, just like any other debt that an individual is refusing to honour.

Sadly, my case has had a DEO in place twice however due to incompetance by the CSA, the employer and obstruction attitude of the NRP, it looks like it'll go round full circle and the process of application has to begin again.

I took kelloggs advise and have now involved my MP (whom I have also roped in to address a Tax Credits dispute).