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Which Interest Rate on reimbursed DNA cost by CSA

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  • DUTR
    DUTR Posts: 12,958 Forumite
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    JJWSJS8700 wrote: »
    Sorry I think you misunderstood...I know a NRP does not have to advise on housing costs (unless he is asked for them by the CSA).


    I meant when a NRP fills out his Child Maintenance Enquiry form, gives all details as requested i.e. income, housing costs, etc...


    then when he receives his letter informing how much he has to pay each week...it does state on same letter that you should notify of any changes that would change the assessment amount - whether an increase or decrease.


    Therefore if you paid off half your mortgage since you sent in your completed form to the CSA, you should inform them.


    Do you agree?

    I don't agree, does the form ask (a) the balance of the mortgage or (b) what the monthly payments are ?
  • DUTR wrote: »
    I don't agree, does the form ask (a) the balance of the mortgage or (b) what the monthly payments are ?




    1/. Yes


    2/. Yes
  • DUTR
    DUTR Posts: 12,958 Forumite
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    JJWSJS8700 wrote: »
    1/. Yes


    2/. Yes

    If the balance is not going to be cleared during the term of the liability for CS, then it is just the monthly payments that can/will be effective.
    All it means clearing a mortgage is there is one less monthly outlay to consider, I save what I was paying towards my mortgage. I suppose if I was on CSA 1 I would be in no hurry to pay it off if it was of no benefit to me :o
  • DUTR wrote: »
    If the balance is not going to be cleared during the term of the liability for CS, then it is just the monthly payments that can/will be effective.
    All it means clearing a mortgage is there is one less monthly outlay to consider, I save what I was paying towards my mortgage. I suppose if I was on CSA 1 I would be in no hurry to pay it off if it was of no benefit to me :o



    Thank you DUTR...


    but that is how an NRP's assessment on CSA1 is worked out by the amount of housing costs, etc., so if the CSA now have proof when he received his letter that he had paid off half/all his mortgage...so do you think they can backdate an assessment when they now know NRP withheld information?
  • DUTR
    DUTR Posts: 12,958 Forumite
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    JJWSJS8700 wrote: »
    Thank you DUTR...


    but that is how an NRP's assessment on CSA1 is worked out by the amount of housing costs, etc., so if the CSA now have proof when he received his letter that he had paid off half/all his mortgage...so do you think they can backdate an assessment when they now know NRP withheld information?

    Surely the housing cost is the monthly payments, not the balance?
    (Someone needs to help me understand this as either a mortgage exists or it does not) .
    I don't know if they can back date it, technically perhaps they maybe able to but practically if at the time he filled in the form and sent it off the details were correct , then there is no case to answer. Why can you not opt for reassesment?
  • JJWSJS8700
    JJWSJS8700 Posts: 238 Forumite
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    edited 18 December 2013 pm31 9:36PM
    Well let's say for example you took out a high mortgage for 100,000 at monthly payments of 800 pm, filled out the MEF form and sent it off.

    Before your letter came back and informed you of your child maintenance amount to be paid each month you had paid off half the mortgage, halfing the monthly payment also.

    When you receive your letter it advises if you have any info that would change the maintenance assessment please let us know.

    NRP did not and now we have proof.

    Can the CSA go back and reassess, I think they can. I mean if I told them we had two children and claimed maintenance and then 10 years later they found out I only had one, surely I they would reassess and make me pay back.

    I cannot ask for a reassessment as the case is closed with CSA (for regular maintenance), I have been down the REMO route and the Judge has recently ordered him to pay ~ all backdated.....so it's all going to plan.:p when he thought he had escaped for many years.
  • justontime wrote: »
    I can't answer your question about the interest rate that should be applied but it sounds like something that your MP may be able to help with. Our MP was excellent in helping my husband to resolve a very worrying CSA issue when the advice from everyone else was that there was nothing we could do. It sounds as if they failed to follow their own procedures, if so you should at least be entitled to a consolatory payment.

    I fail to see why a DNA test would be humiliating, but I would probably be annoyed at having to go to those lengths to get a father to take responsibility for his child. We are on the flip side of that problem, my husband's ex partner announced that his middle child was not his when the child was about 9. It has caused so much upset for my husband, but mostly for the child. I can certainly understand why a father would want to be absolutely certain that the child in question was his and a DNA test is the only way to do that. By the way my husband still pays CSA for that child (now 19) because he is her father in every way that matters, but it would have been much better for the child to have grown up knowing the truth rather than finding out as the result of an angry outburst.

    Thank you Justontime for replying and giving me your experience.

    I was and still am very humiliated when I think I had to take a test, then having to pay for it and wait nearly 10 years to get the costs back, when I knew they were wrong all along and siding with him, after he had been paying through CSA for years.

    They have promised comp when everything is sorted but I'm not holding my breath as I have been through the complaints dept many times regarding this DNA and have letters of reply from Managers' advising that 'they were correct to make me take a DNA'. ow they admit they were wrong.

    I might just contact my MP again.

    Thank you for your help
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JJWSJS8700 wrote: »
    Well let's say for example you took out a high mortgage for 100,000 at monthly payments of 800 pm, filled out the MEF form and sent it off.

    Before your letter came back and informed you of your child maintenance amount to be paid each month you had paid off half the mortgage, halfing the monthly payment also.

    When you receive your letter it advises if you have any info that would change the maintenance assessment please let us know.

    NRP did not and now we have proof.

    Can the CSA go back and reassess, I think they can. I mean if I told them we had two children and claimed maintenance and then 10 years later they found out I only had one, surely I they would reassess and make me pay back.

    I cannot ask for a reassessment as the case is closed with CSA (for regular maintenance), I have been down the REMO route and the Judge has recently ordered him to pay ~ all backdated.....so it's all going to plan.:p when he thought he had escaped for many years.

    As said, with my mortgage, there were occasions when I paid off a few grand, but the monthly stayed the same, then when interest rates started reducing, I just kept the payments the same, all it meant was that instead of paying a mortgage for 25 years it was 17 years.

    The example you gave about having two children doesn't work, as the NRP would be made aware there was a claim for more than any offspring he suspected.

    I'm sort of even more confused now, if you say he has been ordered to back pay , then why are you asking the question if you already have the answer ?
    I remember when my mate got the brown envelope through the door, but his logic worked well, in that once a case is open and running, no more vengeance on that line can be levied. You may remember a thread I posted from this time last year where my PWC had got in touch after 6 years, then over the months there was hints for money for this or money for that, as I already contribute regularly, there is no obligation to contribute anymore, I can donate as and when to my choosing and nobody else's :eek:
  • No I don't have the answer, your opinions have been very helpful.

    NRP has not paid for many years ~ left the country, CSA case closed, my CSA queries are very, very old.

    I have applied for REMO and went down that route and it has finally been ordered ~ a really simple procedure, made confusing and complicated by people not understanding their job description.

    They are as bad as the CSA and are now confused on how to do currency conversion with my first 3 cheques!!!

    I know anyone can pay off their mortgage and DO NOT have to inform the CSA, I just simply thought when we give our details to any DWP department, to apply for 'assessments' of any sort and then if we change our details before they reply we are obliged to inform them.

    As the CSA advise me they are the DWP but have different rules so...

    Thank you for your help
  • There is no legal requirement to report a reduced/increased housing cost and consequently no penalties for failing to do so. On CS1 the housing cost was calculated with regard to the balance, term and interest rate. The allowable housing cost was the required contractual payment - not what the NRP chose to pay. In the example where lump sum payments were made to reduce the capital sum, the housing cost allowed would have been reduced had the CSA been notified of the change. I really think you are going down a dead end with this - if he didn't tell CSA that his housing costs had changed and you didn't ask for a reassessment either then there is nothing which can now be done.
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