CSA DOE Validity

Fclamp1

I saw something on an earlier thread about validity of DEOs. On checking our file, we have had a copy of the one issued March 2006 and 2007 but nothing since then. Payments continued to be deducted from wages until 2012 but have no copies of further DEOs. Should we have had? It looks like each one is valid for 12 months - do they have to be renewed each year and if so how can we check that this has been done?

HoneyNutLoop

Fclamp1 wrote: »

I saw something on an earlier thread about validity of DOEs. On checking our file, we have had a copy of the one issued March 2006 and 2007 but nothing since then. Payments continued to be deducted from wages until 2012 but have no copies of further DOEs. Should we have had? It looks like each one is valid for 12 months - do they have to be renewed each year and if so how can we check that this has been done?

The 12 monthly ones are only on CS2, on CS1 no end date is quoted, so it's until further notice.

Fclamp1

Hi, can I check this as we had 2 - one for 2006 then one for 2007 - both for the same amount and the same employer. The 2007 one states that the deduction is for 52 weeks unless the circumstances change. How can that not be classed as an end date? Thanks

HoneyNutLoop

If yours says that specifically, then you have something you could take forward. Typically though, the schedules under CS1 normally say something along the lines of deduct £x weekly, whereas schedules under CS2 are along the lines of deduct £x weekly from Y to Z.

clearingout

were you not liable for maintenance payments during the time the money was being deducted? was the right money being deducted?

kevin137

clearingout wrote: »

were you not liable for maintenance payments during the time the money was being deducted? was the right money being deducted?

It's not about the money being deducted , it is about the legality of the money being deducted, i had the same issues with the CSA, and i tried to address them with my employer and the CSA, and they both ignored me, continuously, so i sought and obtained an injunction, which also addressed the overpayment by myself, but primarily if the documentation is not lawful, then the deduction itself is not lawful wether owed or not...

My advice is ask them to replace the DEO and if they refuse then notify them of pending legal action that will seek an injunction for continuing deduction using an unlawful method of collection.

Notify them in writing, giving them 14 days to correct the matter, then seek an injunction at the county court. They soon turn up to argue it. But insist that your costs be covered in any settlement you obtain...!

clearingout

so....if the money is owed and if you don't pay it, the CSA will invoke a DEO, what difference does it make?!

I do get the 'is it legal' issue...but even if a DEO expires and a new one should be put in place but isn't, if you simply bring this up with the CSA and the courts, you will have to pay anyway and you are not experiencing any personal loss or anything else as a result.

Or am I missing something?!

kevin137

You are missing the whole, it is NOT LEGAL point, and this is something they must abide by, it is not about not paying, it is about principle, and if they can get something as basic as a DEO wrong, then where does it end, it is very simply rectified on there end, and if asked it should be done, i mean how hard is it to issue a new DEO. but they won't, because they think they are above the law, and this action is something they absolutely hate.

I never wanted a DEO, never had arrears, they manufactured arrears to impose a DEO because we had some arguments and i spoke my mind, that is what i believe, and when it over ran i argued the legality of it, and there attitude is simple, we are the CSA and you can do nothing about it...! Well yes i can, and you are going to have to argue and spend money to argue to make your point against me...

I also addressed the arrears in the same legal paperwork, as you math well of read in my posts before, and the arrears where taken care of in the some of the period i had the injunction, then i paid by card every month... And After this i moved to Norway permanently so there was no more work in the UK. They had my address they where ordered by the court to use the address, yet they still applied to a different court for an LO against me using my old address for the arrears that had been agreed in the county court did not exist... And only 7 days after getting the LO they wrote to me to close the case... IN NORWAY...!!!

They have to abide by the law the same as the rest of us... And regardless of what you think with doing this, it is right that they should be told as it is a legal issue that affects 1ooo's of people...!!! They cannot be taken seriously if they do not...