Deduction of Earnings order.

jimbo4468_2

Just a quicl one...
If non resident Parent is contacted by CSA and agrees to a Deduction of Earnings order and CSA stipulate Payment amount etc,
Who is responsible for sending Payments?
What happens if Payments Deducted and not sent?
What happens if CSA fail to notice missing payments for 5 yrs?
Would Non resident parent still be liable for Payments? even if proof of deducted from earnings?.
I ask this as I am being hounded in case same situation..:mad:

kevin137

It is a very difficult one, the way i see it may not be the same way i see it...

BUT i'll explain my thinking and why i might be different...

A DEO is applied by the CSA, it MOST cases you get no say in it...! The amount is set and it's taken wether you like it or not from your wages... And that is as far as your involvement should be with a DEO...!!!

However. if the wrong amount is taken, this is where issues normally start...!!!

The order is put into place wether you like it or not, it is an ORDER not an AGREEMENT, so you are ORDERED to pay it. You don't get a choice.

SO lets assume the CSA don't get the payment...! Who's fault is it... Well the CSA would have you believe that you have not paid, and that you would still owe the money. And they would do everything they can to still recoup this money from you...

My argument is that it is not an agreement it is an order under government legislation put into place by the CSA, and as such, if that order is put into place and you can prove by way of payslip that this has been deducted by your payroll in compliance with the order imposed on you, then you have complied with the order and it would be considered paid in any court of law...

If as i assume, what you are referring too is the CSA saying you still owe the money, then let them say that and take them to court for an amount that is paid by the same order as unpaid...

What you would need to do, is list the employer as a co-defendant in any action supply your payslips as to the deduction and let them fight it out as to where the money is, one or the other owes it too you or has the money and hasn't passed it on...

But the long and short of it, is YOU need to deal with it, as the CSA will just keep taking, and unless you stop them you WILL pay it again...!!!

jimbo4468_2

Yes totally agree, i Have actually sent the CSA proof of these deductions and Have received letter (yesterday 1/2/13) stating the payments were recieved and used on old case.Closed in 2006.
However Received convo from them today 2/2/13 saying They HAD NOT received the payments and as such arrears are owed to them by me???
omg so that would mean even after paying i got to pay again until matter resolved.
Head wobble wobble

clearingout

It might be worth a word with your employer to check that the money has indeed been forwarded as it should have been? They may not admit having not forwarded it, but if you can speak to an accountant/HR person, rather than a business owner

I would then be asking for a breakdown of what has/hasn't been paid on a monthly basis so you can match this up with wage slips and/or bank statements.

I believe that in a worst case scenario and your employer hasn't forwarded the money, it is your employer that you will need to 'deal with' rather than the CSA. As far as the CSA are concerned, the debt is yours and you need to pay it and they will pursue you, not your employer. It may help to involve your MP and in a worst case scenario and your employer is still in business, if you have payslips which should deductions that match up to what the CSA papework states, you should be able to reclaim your money using the court system - small claims in the first instance, probably.

kevin137

And this is exactly what they will say, it's YOUR issue...

BUt that does not make it right, and the easiest way to chase it is probably Money Claim Online listing both parties as defendants as stated...

If a DEO is imposed then it is a legal document between the CSA and your Employer, not between the Employer and you...

They are bing instructed to follow an order that is a legally enforceably. And as such they should be chasing it. And i have looked time and time again, and have never found anything that says otherwise...!!!

I know i took an injunction for slightly different reasons, but the outcome is the same, a court order regarding the money that was overpaid due to a DEO which my employer paid on THERE instruction even though the order had expired. As such i took legal action...

It should be no different for a debt collected as the agent of the CSA