Help and Advice would be much appreciated - CSA and Bailiffs

DUTR

Confused1986 wrote: »

CSA have confirmed these letters were sent 3 months ago to an address which his mum previously rented however she moved out well over a year ago. Unfortunately these letters were not sent back as "return to sender does not reside here etc" so CSA say. So can only think that the landlord or the current tenant has thrown them because my OH lived there a matter of months over 3 years ago.. I live with him I see what post comes through, as he works away a lot he asks me to open his post and let him know what has come through just incase anything is important and sorry I think I would have seen something like that. We haven't seen nothing considering he is on the electoral roll, council tax how could the CSA not find him but the Bailiffs could.

It sounds like a case for the ICE (independant case examiner) to view, this may take some time to resolve though, especiall as you mention baliffs are now involved. The case is unlikely to be resolved on a he said she said basis though.
Proof of contribution for all the payments will assist greatly in his case.

PreludeForTimeFeelers

I'd recommend a subject access request too - this is where you can get a copy of all the letters sent, along with case notes and so on.

Did your partner know that there was a CSA case open against him? Your post seems to suggest that him and his ex hadn't involved the CSA - they'd not be chasing him for arrears now unless there had been a case open.

The reason that they sometimes refuse to accept a payment as being for child maintenance is because unless they've specifically told him to pay maintenance direct to the other party then any other payment has to be through them. If a payment is made without their involvement (when it should be through the CSA) then it is classed as a voluntary payment, NOT payment towards child maintenance.

tiggerkian

didn't he mark the payments as "child support" direct from his bank?? if he did then there is no case to answer...if he didn't then the payments are classed as voluntary payments on top of his child support payments...in other words he doesn't have a leg to stand on...what surprise's me is how many people get stung like this!!

Ettenna

Had the ex opened a case with the CSA in 2010 but your OH and her agreed to have a direct payment agreement or is there no case open with the CSA and direct payments were purely agreed between them? If it's the latter then surely the ex can only claim from the date she puts in a claim and therefore the CSA cannot chase him from 2010?

Confused1986

Tiggerkian.. unfortunately not he just had her name and bank details on the payment.

Ettenna...there was no open case at all payments were purely agreed between them its the latter of your response. She decided to go csa a few months ago for some reason without telling him even though she received regular agreed payments on time.

Disgusting thing is not one form of written correspondance from the Csa apart from a bailiff showing up without notice and 2 telephone conversations following bailiff visit. They have got no interest in investigating even though theres no letters received and no breakdown provided or even how they have come to this conclusion of how these are arrears. He is not a paye employee so how have they worked it out?

FBaby

The problem is that the payments could have been for something else, like for instance his contribution to a joint mortgage?

PreludeForTimeFeelers

Something doesn't add up here. If his ex only went to the CSA a few months ago then that's when the case began - it's irrelevant what he paid her (or didn't pay her) before that date, as there was no CSA involvement and therefore no over- or under-payment. It would be irrelevant whether she's told them that he hasn't paid anything since 2010 - if there was no case back then there'd also be no jurisdiction.

All that matters is what he has paid her since the case started, ie what's been paid over the last couple of months. If he's paid £5000 over the years then I guess it's possible the actual amount since the start of the case *is* only £450.

What have they based his assessment on? If you're saying that he's had no contact with them then there'd look at his most recent tax return (a case only opened a few months ago should be on CMS2012, the new scheme). If this information wasn't available then they can assess him based on average earnings in his profession.

I think that you need to identify when the case opened, what the weekly assessment is, and what letters have been sent to your partner.

DUTR

PreludeForTimeFeelers wrote: »

Something doesn't add up here. If his ex only went to the CSA a few months ago then that's when the case began - it's irrelevant what he paid her (or didn't pay her) before that date, as there was no CSA involvement and therefore no over- or under-payment. It would be irrelevant whether she's told them that he hasn't paid anything since 2010 - if there was no case back then there'd also be no jurisdiction.

All that matters is what he has paid her since the case started, ie what's been paid over the last couple of months. If he's paid £5000 over the years then I guess it's possible the actual amount since the start of the case *is* only £450.

What have they based his assessment on? If you're saying that he's had no contact with them then there'd look at his most recent tax return (a case only opened a few months ago should be on CMS2012, the new scheme). If this information wasn't available then they can assess him based on average earnings in his profession.

I think that you need to identify when the case opened, what the weekly assessment is, and what letters have been sent to your partner.

I think the £450 comes from the statutory £30 week from 15 weeks ago when the contact was made, as this is the amount they apply if no paperwork is recieved.

Confused1986

PreludeForTimeFeelers wrote: »

Something doesn't add up here. If his ex only went to the CSA a few months ago then that's when the case began - it's irrelevant what he paid her (or didn't pay her) before that date, as there was no CSA involvement and therefore no over- or under-payment. It would be irrelevant whether she's told them that he hasn't paid anything since 2010 - if there was no case back then there'd also be no jurisdiction.

All that matters is what he has paid her since the case started, ie what's been paid over the last couple of months. If he's paid £5000 over the years then I guess it's possible the actual amount since the start of the case *is* only £450.

What have they based his assessment on? If you're saying that he's had no contact with them then there'd look at his most recent tax return (a case only opened a few months ago should be on CMS2012, the new scheme). If this information wasn't available then they can assess him based on average earnings in his profession.

I think that you need to identify when the case opened, what the weekly assessment is, and what letters have been sent to your partner.

It doesnt make sense we are both confused but the fact csa have sent all communication to an address my partner lived at over three years ago with no access to that property he hasnt seen these letters. But thank you for your post. Wrote a letter requesting information similar to what you have mentioned just waiting to clear it with citizens advice contact to see if anything needs adding or changing. Just so stressful no faith in no government agency anymore.

Cally_Smart

I'm feeling very sorry for you.If you have a look back at some of my first posts in this column over 2 years ago you will see how CSA treated us! Despite paying the pwc direct for years & hearing nothing from them(the pwc said she had closed the case & not knowing any better we believed her- & we knew we had proof of every payment to her )They money went into her bank by dd on same day every month & was clearly for CM,we had all the children EVERY weekend (they were 4 of them)took them on family holiday,bought all uniform shoes & coats whenever required. The CSA will ask the pwc & if she lies you are liable to pay the whole thing .They said we owed about £8000. If my husband didnt agree to set up payment immediately they said they would go for a DEO.We were very scared of not being able to afford rent ,food etc so had to minimise spending anything on ourselves.pwc alienated all the children & the CSA reinforced it by believing everything she said it looked like my husband was the one in the wrong.I was more than angry at the way the government & CSA (we asked our MP for help which he tried to do but at the end of the day it's the Government that made the CSA & if they are getting money in looks like its working !!) We showed them texts from pwc clearly indicating what she had received but it was no good they believed her over us everytime .We went to tribunal to fight to have the money taken off for the children that lived with us(if we knew we were under CSA jurisdiction surely we would have asked for it ourselves -for my daughter& our son & was successful in having £1400 taken of the £8000.It causes so much grief & affected our marriage to some extent but we stayed together.We(I say we, as apparently wives are responsible for the husbands debts) still owe £3000 but as the ongoing liability for children ended last August we insisted that the CSA gave us the 'pleasure' of spreading the last bit over the 2 years as their debt steer allows which is about a quarter that we had to pay monthly before! You could be in for a stressful time I sincerely hope not