Refusing to Pay Arrears

Sensemaya

cakeforbrains wrote: »

Yeah, it was for a few months just after we broke up. After that I went to university. And during that first year or so he wasn't paying anything anyway. In fact, I would take bags of shopping with me when I dropped off the children because he told me they didn't have any food in the house.Big softie You!

Anyway, I appreciate your point Kevin137, but I don't feel that I am "pushing hard". Agree. If I was insisting that they collect the arrears over two year or that they take the maximum 40% of his earnings then, yes, I would be pushing hard but all I want is the money paid at a rate that doesn't take the mick. My complaints department case manager explained to me that they like to come up with a payment schedule that is sustainable because then they are less likely to run into problems, and I completely agree with that. At the same time, though, I don't think he should be allowed to pay £20pm or whatever because that's tantamount to forgetting about it (especially as it's interest free). Yes.Very frustrating when NRPs are given such leeway and offers of piffling amounts...interest free.

As I say, at the moment he's refusing to pay it at all. As somebody pointed out above surely he knows that he at least has several thousand to pay even if he thinks that he's made more direct payments, so this refusal to pay off anything from the arrears stinks a bit. I think he's assuming he can make it all go away somehow.

Right You! You haven't answered my question ( except vaguely, I think, in another post) about why the complaints dept have got involved.

I know your MP is involved.

I believe from your posts he is paying the actual maintenance...this is important....but refusing to pay the arrears...am I correct here?

You have disclosed a new user name. Have we corresponded in the past?

Does Advance Payment Criteria ring any bells?

cakeforbrains

Sensemaya wrote: »

Right You! You haven't answered my question ( except vaguely, I think, in another post) about why the complaints dept have got involved.

I know your MP is involved.

I believe from your posts he is paying the actual maintenance...this is important....but refusing to pay the arrears...am I correct here?

You have disclosed a new user name. Have we corresponded in the past?

Does Advance Payment Criteria ring any bells?

Yes, he is paying the actual maintenance, but says he won't pay the arrears until it's 'sorted'. I called the CSA again today and it turns out that the payment schedule was sent out too late for June's payment so he should actually start paying back the arrears in July. Hopefully by that time he'll have decided that it's the sensible option to pay it.

Sorry, yes, my case got sent to the complaints department because I made a complaint about it taking so long (12 months) to make an assessment. I complained directly to the CSA and to my MP at the same time. The case stayed with the complaints department for about three months and it's just recently been 'released' back to the team - the complex case team, I'm told.

I'm sorry, i can't remember if we've spoken before. Advance Payment Criteria doesn't ring any bells.

Thanks for your support.

Sensemaya

cakeforbrains wrote: »

Yes, he is paying the actual maintenance,Great. Now how long has your case be ongoing? My apologies if it's been answered before but I can't be bothered reading through the whole thread again. but says he won't pay the arrears until it's 'sorted'. Well we know he is playing games here, don't we? But the arrears don't matter if you are eligible. I called the CSA again today and it turns out that the payment schedule was sent out too late for June's payment so he should actually start paying back the arrears in July.So are they giving him a chance to pay the new schedule by SO ( highly unlikely) or DD? Hopefully by that time he'll have decided that it's the sensible option to pay it.Who knows, but I think not!

Sorry, yes, my case got sent to the complaints department because I made a complaint about it taking so long (12 months) to make an assessment.First assessmant or what? I complained directly to the CSA and to my MP at the same time. The case stayed with the complaints department for about three months and it's just recently been 'released' back to the team - the complex case team, I'm told.Complex...that's interesting.

I'm sorry, i can't remember if we've spoken before. Advance Payment Criteria doesn't ring any bells.

Thanks for your support.

We mustn't have. Advance Criteria is something you don't forget. And I see the !!!!!!s haven't mentioned it...yet.

Edit: !!!!!!s Da*mn. Forgot the star. Bug*gers.

Sensemaya

I can see where Cally is coming from here regarding Contracts and Breach of Contract. But...respect Cally...I don't think it would work where child maintenance is concerned in OPs case unless you have something is writing.

I tried this and won, but it was in writing.

cakeforbrains

Sensemaya wrote: »

We mustn't have. Advance Criteria is something you don't forget. And I see the !!!!!!s haven't mentioned it...yet.

Edit: !!!!!!s Da*mn. Forgot the star. Bug*gers.

Well, the case was opened in 2007 sometime, but at that point was a nil assessment because he wasn't working. Then he got a job (and actually informed them) but they didn't bother to reassess for some reason so he just made direct payments (albeit low ones).

In January 2012 I called them because he had a new job and I had a feeling he was fleecing me. I thought I was opening a new case having forgotten about the 2007 stuff, but obviously I wasn't.

By January 2013 NOTHING had happened. I hadn't pushed it because, to be honest, I lost my bottle. My husband supported me to chase them and it became apparent that my case had sat in a dusty drawer for five years.

Once it hit the complaints department a very nice man worked really hard on it, doing loads of historical assessments for various jobs that my NRP had had. I also received a 'consolatory payment' of £250.

Incidentally, the NRP is really spitting feathers at the moment. He hasn't actually done anything, but I'm aware that I am very nervous sat here on my own while my husband works away.

Sensemaya

cakeforbrains wrote: »

Well, the case was opened in 2007 sometime, but at that point was a nil assessment because he wasn't working. Then he got a job (and actually informed them) but they didn't bother to reassess for some reason so he just made direct payments (albeit low ones). Great. Maladminstration. And you have declared the direct payments.Offset the direct payments (which he is now disputing...cash naturally)

In January 2012 I called them because he had a new job and I had a feeling he was fleecing me. I thought I was opening a new case having forgotten about the 2007 stuff, but obviously I wasn't.

By January 2013 NOTHING had happened. I hadn't pushed it because, to be honest, I lost my bottle. My husband supported me to chase them and it became apparent that my case had sat in a dusty drawer for five years.Right. Hence the' official' arrears.

Once it hit the complaints department a very nice man I used that description once about a senior case manager worked really hard on it, doing loads of historical assessments for various jobs that my NRP had had. I also received a 'consolatory payment' of £250.Generous...and now go away please.

Incidentally, the NRP is really spitting feathers at the moment. He hasn't actually done anything, but I'm aware that I am very nervous sat here on my own while my husband works away.

Let him spit feathers.

Nothing to be nervous about unless you are implying your ex might become violent as hubs is away. I hope not.

cakeforbrains

Sensemaya wrote: »

Let him spit feathers.

Nothing to be nervous about unless you are implying your ex might become violent as hubs is away. I hope not.

No. Not violent. I'm just feeling edgy.

So what do you suggest I do about all this? I'm assuming that really I need to wait until July to find out if he's decided to pay some arrears?

To be fair they offered the £250 without me asking for anything. We spent it on a day out in London with the children so I feel like it went to good use!

Sensemaya

cakeforbrains wrote: »

No. Not violent. I'm just feeling edgy.

So what do you suggest I do about all this? I'm assuming that really I need to wait until July to find out if he's decided to pay some arrears?

To be fair they offered the £250 without me asking for anything. We spent it on a day out in London with the children so I feel like it went to good use!

You need to wait.

In the mean time let's stir things up between you ( via MP) and the CSA. Ask your MP to write a letter because you have come across information that makes you believe you may be entitled to an advance payment (ie arrears ).

Now then. The Advance Payment Criteria ( don't bother looking on google for it as it mysteriously disappeared from the csa website along with lots of other stuff -see sticky link on here- years ago) is extremely strict and 'they' have fiddled about with it recently.

I have a copy of it but cannot post it here.

I reckon you may be entitled to an advance payment. So...

In this letter your MP needs to ask for a written copy of the Criteria and believes you may be entitled to an Advance Payment due to maladminstration.

They may pay you all of it (doubtful) or a certain lump sum plus interest;).

This is better than waiting for piffling amounts ( if any) the NRP pays over an exceptional easy interest free payment plan. If you get it then the arrears are owed to the secretary of state.The NRP then keeps paying the arrears off at the agreed amount.

BUT there is a sting in the tail. The CSA are so incompetent they even forget payments due to the SofS so you must make sure ( again get it in writing via MP) especially if you don't get the whole lot, when the rest of the arrears will be paid off to you and when the NRP should start paying the SofS back. The CSA find this extremely difficult as they are idiots.

The result being they will come back to you saying you have been overpaid.

Don't be put off. I fought them and won. Be forewarned thus forearmed.:T

cakeforbrains

Thanks. This sounds interesting. Are you able to PM me a copy of this criteria at all please?

Sensemaya

cakeforbrains wrote: »

Thanks. This sounds interesting. Are you able to PM me a copy of this criteria at all please?

Nope. Tried to get it on MSE sticky link ages ago, but I can't. Could email it you, but PM is a no-no. Very big pdf.

It's under the ' Child Support Guide Volume 7 (revised edition 2007) Amendment 110 June 2003.

Note the date: 2003.

Things might have changed. That's why it better coming from your MP.

Nevertheless one version or the other, it's still relevant.

You may also want to inquire into Financial Redress for Maladminstration.

This has also disappeared off the web too, but still exists.;)

Edit: Might prove helpful_

https://www.google.co.uk/search?q=Financial+Redress+for+Maladminstration&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a&channel=rcs#client=firefox-a&hs=iIl&rls=org.mozilla:en-GB:official&channel=rcs&q=Financial+Redress+for+Maladministration&spell=1&sa=X&ei=5FSyUaGaJ8ib0AWpi4DACg&ved=0CCsQvwUoAA&bav=on.2,or.r_qf.&bvm=bv.47534661,d.d2k&fp=75d2f8429bba5cf4&biw=1024&bih=604