advice please

andie856603

For 7 years i've have an absolute nightmare with the CSA in november 2011 after involving mp's and the ICE enforcement action was done and regular maintenance and arrears are now being paid by DOE.

There are currently in excess of £16,000 of arrears outstanding which i applied for under an advance payment to cut a long story short they only accept liability for certain periods and have offered me £782.00 one larger periods they wont pay on as it doesn't forfil criteria 6 which is they can't be sure he would of paid had there not been maladministration on the case!!!
This has been reconsidered by the complaints dept and i have email ICE again tonight to look at this again. Can anyone offer any me any advice you you know of anyone who has sucessfully claimed arrears under special payment criteria as they clearly don't want to cough up even though they accept liability for most part
Also does anyone know the time scale for which enforcement action should be started?

Sensemaya

andie856603 wrote: »

For 7 years i've have an absolute nightmare with the CSA in november 2011 after involving mp's and the ICE enforcement action was done and regular maintenance and arrears are now being paid by DOE.

There are currently in excess of £16,000 of arrears outstanding which i applied for under an advance payment to cut a long story short they only accept liability for certain periods and have offered me £782.00 one larger periods they wont pay on as it doesn't forfil criteria 6 which is they can't be sure he would of paid had there not been maladministration on the case!!!
This has been reconsidered by the complaints dept and i have email ICE again tonight to look at this again. Can anyone offer any me any advice you you know of anyone who has sucessfully claimed arrears under special payment criteria as they clearly don't want to cough up even though they accept liability for most part
Also does anyone know the time scale for which enforcement action should be started?

Yes I never understood why there wasn't maladminstration during certain periods either.

I would go back to your MP to put pressure on.£782 is unacceptable. Also read through the sticky at the top of this forum.

I'm sure your MP could email you a copy of the criteria. But if you PM me with your email address I will attach my copy.

'Child Support Guide Volume 7 ( revised edition) Amendment 110 June 2003'

I know from experience they try to riddle out of it. You should be in direct contact with a CSA officer assigned to your case?

I repeat keep MP on your case.Enforcement should have started immediately.

ICE are useless. Try Parliamentary Ombudsman.

HoneyNutLoop

This is the link to the guidance in gov.uk
https://www.gov.uk/child-maintenance/if-the-child-support-agency-or-child-maintenance-service-makes-a-mistake
Which in itself gives a link to their Special Payments Guide. Paras 107 and 108 are about the advance payment criteria. (The guide is pretty big btw).

andie856603

Thanks guys I have the special payment guide. I'll get back onto my MP to get the ombudsman involved or should I wait till ICE have looked at it again?

Has anyone ever been successful in claiming an advance payment.....there criteria is ridiculous!!!!
How they can use the excuse we couldn't be sure he would of paid is beyond me. Is that even legal?!!!

Sensemaya

andie856603 wrote: »

Thanks guys I have the special payment guide. I'll get back onto my MP to get the ombudsman involved or should I wait till ICE have looked at it again?

Has anyone ever been successful in claiming an advance payment.....there criteria is ridiculous!!!!
How they can use the excuse we couldn't be sure he would of paid is beyond me. Is that even legal?!!!

Mine isn't the special payment guide. I can't get it on the forum...I have tried to get it on the sticky in the past...so can only email.

You have to exhaust ICE...they are hopeless...but the PO won't take your case on until ICE has closed the case.

Yes the criteria is silly. Yes I've received 3 advance payments on 3 separate occasions over a period of years.

Even if they offer you an advance payment the NRP has to establish a payment pattern of 6 months ( used to be 3 months) before they will honour it.

There is also a sting in the tail with these advance payments. You MUST do all your correspondence via the MP. You guess what the sting is? It relates to more csa maladminstration...I can help you further with this.

Oh...and you know they are supposed to go after the NRP once the 'other' arrears have been paid to you? Well they now treat recovering advance payments as 'low priority'.

They make such a song and dance about it as though they are doing you a favour. They are not.

So push for more. £782 is an insult.But you have to endure the complaint process.

Are you assigned a business unit officer? You should be and they should be in contact with you on a regular basis until matters are resolved....to your satisfaction.

andie856603

Sensemaya wrote: »

Mine isn't the special payment guide. I can't get it on the forum...I have tried to get it on the sticky in the past...so can only email.

You have to exhaust ICE...they are hopeless...but the PO won't take your case on until ICE has closed the case.

Yes the criteria is silly. Yes I've received 3 advance payments on 3 separate occasions over a period of years.

Even if they offer you an advance payment the NRP has to establish a payment pattern of 6 months ( used to be 3 months) before they will honour it.

There is also a sting in the tail with these advance payments. You MUST do all your correspondence via the MP. You guess what the sting is? It relates to more csa maladminstration...I can help you further with this.

Oh...and you know they are supposed to go after the NRP once the 'other' arrears have been paid to you? Well they now treat recovering advance payments as 'low priority'.

They make such a song and dance about it as though they are doing you a favour. They are not.

So push for more. £782 is an insult.But you have to endure the complaint process.

Are you assigned a business unit officer? You should be and they should be in contact with you on a regular basis until matters are resolved....to your satisfaction.

Thanks i've pm'd you my email
at the moment i'm receiving maintenaince and arrears via DOE & have been for more than 6 months so it fits the criteria to be considered they just draggin there heels on coughing up what they failed to collect for 7 years cause there all but useless. there is no MP involvement at the moment and hasn't been since before the case was sent to enforcement but i do know the mp has too refer it to the ombudsman so i guess i'll wait for them to do their bit and then get back in touch with my MP

There is also a sting in the tail with these advance payments. You MUST do all your correspondence via the MP. You guess what the sting is? It relates to more csa maladminstration...I can help you further with this.
...i'd gladly accept your help on this

I'm not assigned to anyone as such the advance payment decision was reconsidered and i received my notifs the other day i have the name of a guy in the complaints team to refer back to and i have advised him i am contacting the ICE to deal with it again now the decision is made.
Emailed ICE last night had no confirmation it has been received yet so i will chase that up tomorrow

Sensemaya

andie856603 wrote: »

Thanks i've pm'd you my email
at the moment i'm receiving maintenaince and arrears via DOE & have been for more than 6 months so it fits the criteria to be considered they just draggin there heels on coughing up what they failed to collect for 7 years cause there all but useless. there is no MP involvement at the moment and hasn't been since before the case was sent to enforcement but i do know the mp has too refer it to the ombudsman so i guess i'll wait for them to do their bit and then get back in touch with my MP

There is also a sting in the tail with these advance payments. You MUST do all your correspondence via the MP. You guess what the sting is? It relates to more csa maladminstration...I can help you further with this.
...i'd gladly accept your help on this

I'm not assigned to anyone as such the advance payment decision was reconsidered and i received my notifs the other day i have the name of a guy in the complaints team to refer back to and i have advised him i am contacting the ICE to deal with it again now the decision is made.
Emailed ICE last night had no confirmation it has been received yet so i will chase that up tomorrow

I would be phoning ICE up rather than emailing. Get MP involved again. This will make them move!

I've emailed the Criteria to you and we can discuss this further as they are certainly handling your case differently to mine.

Chin up

andie856603

Spoke to ICE they've got my email. MP emailed last night so now I guess I wait some more........meanwhile I've got some bedtime reading ill see if I can pick up on anything in the advance payments guide. I will not give up on this!!

andie856603

Can anyone advise on this.....for the first 3 years of the case several mistakes were made and a few changes if circs enforcement action was apparently put on hold when I tried to agree a private arrangement this broke down after 3 months as no payments
were made and the agency resumed action. They now won't consider maladministration on this period as apparently I halted enforcement proceedings should this be looked at as the case had already been 3 years uncompleted and not in payment

Sensemaya

andie856603 wrote: »

Can anyone advise on this.....for the first 3 years of the case several mistakes were made and a few changes if circs enforcement action was apparently put on hold when I tried to agree a private arrangement this broke down after 3 months as no payments
were made and the agency resumed action. They now won't consider maladministration on this period as apparently I halted enforcement proceedings should this be looked at as the case had already been 3 years uncompleted and not in payment

What you are saying is the period where you tried to come to a private agreement will not come under consideration by the CSA for their maladminstration?

How long was that period for? When did you first inform the agency of your intention and when did you contact them to resume action?

For that period I'm afraid the agency is correct here.

Did you make a written private agreement with your ex which you both signed? Is this longer than six years ago?

From what you have said the first 3 years of your case was under the CSA so that period should be taken into consideration. Then after you contacted them again to resume action that period to the present will be taken into consideration.

andie856603

Sensemaya wrote: »

What you are saying is the period where you tried to come to a private agreement will not come under consideration by the CSA for their maladminstration?

How long was that period for? When did you first inform the agency of your intention and when did you contact them to resume action?

For that period I'm afraid the agency is correct here.

Did you make a written private agreement with your ex which you both signed? Is this longer than six years ago?

From what you have said the first 3 years of your case was under the CSA so that period should be taken into consideration. Then after you contacted them again to resume action that period to the present will be taken into consideration.

The claim started in 2004 the initial assessment "dropped" off system so it became a clerical case during the first 3 years there was changes new job another child and a period of self employment the Csa never kept up with coc and I only received 3 payments September 2007 Nrp made offer of private agreement but never paid as partner lost her job jan 2008 case went back to Csa. The 4 months isn't the issue. The. Problem is they won't consider 2004 - sept 2007 as they had apparently started enforcement action as I told them about the private arrangement. I certainly didn't ask them to stop it I wasn't aware it had begun and was told action would continue to recover arrears. Despite all the changes I'm sure enforcement action shouldn't have been delayed for 3 years and my arguement is had it been done after 4 months of non compliance as the guide states it would never have been out of payment for 7 years and there wouldn't be the arrears