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child leaving college and csa

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Comments

  • kevin137
    kevin137 Posts: 1,509 Forumite
    I had a period of sick from a broken back and notified of a change of circumstances, and they would not take the change because the period was only 13 weeks, they do not include the self assessment period, so my doctor reissued a sick certificate for 15 weeks, and it was represented, but they would still not change, in the meantime they kept my payments at more than £350 per month.

    Well SSP does not cover this, and there was an argument over sick pay as i am contracted 13 weeks per year, but they said this was not so, so only paid SSP, in the meantime my DEO was racking up arrears...!!!

    Some 6 months later, i noticed my DEO had expired, approached my employer, and the CSA and was told by my employer that the CSA had instructed them to continue using the DEO. I wrote a formal complaint 3 times, sent ALL 3 recorded delivery and sat back and waited a month, never got a reply.

    In the meantime, i had taken my employer to the Employment Tribunal, won my case, and was paid some £4000 by way of back pay...

    You can guess what happened, it was all taken, by an expired DEO for an incorrect assessment, that they refused to adjust.

    So i saw red, approached the court, applied for an Injunction with a claim on the DEO payment being an unlawful deduction, and was granted relief to make my hearing, but that the CSA had to be notified for a hearing for them to attend 48 hours later...

    So i gave the CSA a call, don't know where i got, who i spoke to and asked them for any fax number, didn't care who's it was what office or anything, but that i had something that needed faxing...

    They gave me a number for a fax in an office that is used every Tuesday and Friday, this was a Tuesday afternoon, so i gave that number to the court appointed clerk, and they faxed the hearing paperwork through direct from the Court...

    Well, you can guess they never turned up, the Injunction was granted, and it was adjourned for a month...

    The following hearing was really amusing, there Barrister argued the legality and the way i had manipulated the court, and that it was an unlawful injunction... As they had not received the Fax...

    The Clerk was called, they where presented with the Fax Send Receipt attached to the file, and promptly asked is THIS your fax number, to which he replied i have no idea... The judge then called BT and asked for a reverse look up, and confirmed it WAS there fax number, so how could they argue they had not received it...!!!

    This was then brought onto the next argument, where i raised teh formal complaints procedure and the fact that they had not answered the complaint about the DEO and it's unlawful use... They said that being said was not proof of receipt, so i pulled out there own argument in writing from there answer to a previous complaint that they stated sending is enough to prove receipt, but that i also had the recorded delivery print out for who signed for it... In fact i have ALL 3 of them, the judge laughed and while still laughing asked if they where stupid, or just ignorant. Then concluded by saying that until they could provide some legislation that allowed them to use an EXPIRED DEO as a legal document she was keeping the case, and that the injunction would stand...!!! Now as the original injunction was granted against the CSA and my Employer, they both had to attend, and the week after it was issued, the Employer still deducted the money, this was raised, as was the 4 phone calls recorded telling me that they would pursue me using other matters, so the judge actually extended it to cover NO contact from the CSA, which they breached twice, and had to be addressed about in court...
    The long and short of it, i won, and on winning, i had already moved to Norway, and teh Court and the CSA where both notified, i already lived there, but commuted to another property for work...

    The CSA where instructed on completion to use the address they now had for ALL correspondence as part of the settlement order...

    Some 3 months later, i was notified that they had successfully applied for an LO for the amount that had been overpaid and ordered by the court as not liable for the period of the claim as payment in full of the overpayment i had made, meaning i owed £114

    They never appealed the case, and have just obtained an unlawful LO against me, so now i am looking at ways to fight that, although that is harder as i do not have a UK address, and the system insists i have a permanent address in the UK to start legal proceedings...

    But i will win it, eventually, and they cannot touch me now in anyway shape or form, as i have no associated bank accounts the property i had was disposed of, and all personal possessions are now in Norway... Although they did write to me recently saying they have instructed Bailiffs to attend my premises and start taking goods now... I laughed, and threw the letter straight in the bin...
  • his_wife
    his_wife Posts: 350 Forumite
    oh wow, kevin, that is some very grim, yet "entertaining" reading. Entertaining, due to the incompetency of the csa!!!! I am so glad you have fought your corner, and where willing to take on this stupid incompetent firm!! They havent a clue how to work, and quote everything from a non existant rule book.

    I just hope csa 3 are no where near as bad,,, (she says holding her breath)
  • his_wife
    his_wife Posts: 350 Forumite
    just an update,,, we are still in exactly the same position as we were in july!!!! have raised complaint with cb, csa and mp,,, mp office said their hands are tied, as they cant look into other peoples child benefit!!!! csa are still quoting same song, as long as child benefit, we have emailed copies of the exclusion letter to csa, child benefit, and mp, all to no avail!!!!!!!

    We have give up now, we shall just swallow the bitter pill and keep paying, as its obvious nobody is going too listen!!!!.
  • 13Kent
    13Kent Posts: 1,189 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    We asked the CSA about this last month, they said their only concern is that the pwc is claiming ch/ben -a quick check on computer proved she was despite neither of the qc's attending college since last year !We said we are telling you & asking for a C of cir.They said their only legal requirement is that the pwc claims c/ben ,its is not up to them to find out !We had letter back 3 days later saying no CofC allowed ! They said you wont get any backdated either it only registers on CSA when she comes off !! Not sure that you can prove daughter lives with b/friend they will maybe ask the pwc & we can guess what she will say cant we ? Totally unfair when we are all consistent payers but as children are over 19 & we(yes ,my husband & I are a team) have been paying all this time we consider its time they try to get jobs like my own daughter( that lives with us )had to do when she finished college !


    However when the 'child' does come off CB then it will be backdated to the date CB ends, but the CSA won't be informed that the CB has ceased so you have to keep on top of it and keep asking if CB is still payable. Once they find out CB has ended any overpayments should be refunded.
  • 13Kent
    13Kent Posts: 1,189 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    duchy wrote: »
    Another new "partner" wanting to stop any payment to support a child......It's really funny how it is always the new women and not the fathers posting to ask.

    If the child is out of education but registered with Connexions then child benefit and therefore CSA is still payable.


    That is not what appears to have been stated.

    The NRP and partner want to stop paying money to the PWC - money which they believe she is not entitled to.

    Once CSA payments cease they can choose to support the 'child' directly and not through the PWC and they can choose how much they wish to give the child.

    Not all NRP's are trying to get out of paying for their children, they would just like to pay a fair amount, and would like not to feel cheated out of money the PWC is not entitled to.
  • Crellow4
    Crellow4 Posts: 276 Forumite
    I suggest you appeal the decision on the basis that there is no qualifying child. The PWC will be directed by TAS (Tribunal) to supply school attendance records. This is, in my experience, the most effective route to take. If you can show that the child is not in relevant education then you should win your appeal. CHB is indicative, not determanitive in the decision making process.
  • shop-to-drop
    shop-to-drop Posts: 4,340 Forumite
    Crellow4 wrote: »
    I suggest you appeal the decision on the basis that there is no qualifying child. The PWC will be directed by TAS (Tribunal) to supply school attendance records. This is, in my experience, the most effective route to take. If you can show that the child is not in relevant education then you should win your appeal. CHB is indicative, not determanitive in the decision making process.

    Sounds like good advice, certainly worth a try.
    :j Trytryagain FLYLADY - SAYE £700 each month Premium Bonds £713 Mortgage Was £100,000@20/6/08 now zilch 21/4/15:beer: WTL - 52 (I'll do it 4 MUM)
  • CSAworkerx
    CSAworkerx Posts: 221 Forumite
    Your problem is the PWC will have told us she is enrolling into a new course, or allready has done so, and if chb is in payment that is enough evidence for us to class her as a QC, my advice would be to phone CHB up and tell them you belive she is commiting fraud as the QC is no longer attending and has not enrolled into another course.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    CSAworkerx wrote: »
    Your problem is the PWC will have told us she is enrolling into a new course, or allready has done so, and if chb is in payment that is enough evidence for us to class her as a QC, my advice would be to phone CHB up and tell them you belive she is commiting fraud as the QC is no longer attending and has not enrolled into another course.

    WRONG... There is NO legislation that uses CB as the qualifier... Show me the legislation that does this...???
  • Crellow4
    Crellow4 Posts: 276 Forumite
    CSAWorkerx doesn't read legislation!
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