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ex evading payments. 6+ years. what can I do next?
Moobell
Posts: 5 Forumite
I feel a huge rant coming on!! :mad:
I emailed my MP Jeremy Hunt on 9th Sept 2014 with this after getting no where myself with the CSA and funnily enough a person on judge Rinder was having CSA problems and he recommended she contact her local MP....
Dear Mr Hunt.
I am appealing to you for any assistance you can offer after many years of trying, and failing to receive child maintenance from my ex partner.
In November 2008 i received a confirmation of application for child maintenance, in January 2009 I was sent a payment schedule based on my ex's circumstances. He was deemed to be liable for £10 per week from the 7th Jan 2009.
30/03/09 I received a letter saying they hadn't worked out his liability owed and they changed what was owed to £57.28 for the period 07/01-26/04/09
I rang 21st of May to chase up the payments and I was told he had changed his income after the January and had refused to answer any phone calls or letters from the CSA. He was then deemed liable for £147.28 for the period 07/01-26/06/09
A lady called Debra rang me 06/07/09 to say they were still trying to get hold of him and it was no nearer a solution.
On 28/07/09 I rang and spoke to a lady called Shona to find out whats going on and I was referred to the liabilities team and to call in 8 weeks.
On the 27/10/2009 a liability order was granted for £307.28 and legal action was promised on the basis of bailiff action. Id hear within 90 days of what the outcome was to be.
Over the next 6 months or so several automated letters were posted to me from the CSA declaring they still hadn't worked out his earnings and had wiped out previous arrears and were beginning again. After frantic phone calls this was told to be an automatic letter and to ignore it.
In 2010 I received a total of 2 payments equalling £150 and a further payment of £10 in 2012.
In 2013 I received once again another decision paper based on his circumstances and I had been awarded £53 per week. Again this was never paid and the arrears continued to arise.
To date I am owed in excess of £3,500 worth of missed payments and for a second time I was granted with bailiff action against him and a liability order was served.
I was told a second time they failed to find him or get any contact and it was felt it wasn't in the bailiffs best interest to pursue it!!!! What about mine and my sons best interest??
February 2013 I had a letter stating he owed me £5 per week with remaining arrears written off?? It turned out he has been on benefits since the july '12 but no one has updated his case.
To date I am STILL waiting on a payment and Ive been told the case has been put in a holding area where it will be "data washed" so if he applies for credit or makes himself known to creditors it will ping up the csa case. However, in the mean time Im left bringing up our son.
Ive paid for everything in the last 10 years since we separated and I am working 40-50 hour weeks to make sure I can afford to do so. How is it in this day and age someone can get away with none payments when there is SO much emphasis on non residential parents will be punished for not paying with threats of removal of driving licences or jail when it seems the residential parent is the one who is made to chase the CSA constantly. Ive paid out FAR more in phone calls and time off sorting this out than I have received from the CSA and its becoming so frustrating and upsetting.
I no longer know where I can turn as the CSA want to leave it 6 months between updates whilst they do this data washing process.
I beg you as my local MP to help before I lose the will to live and my son becomes an adult!
Kindest regards
Sarah
He was very helpful and was quick to reposnd and on 10/10/14 I was given a £50 apology for the mishandling of the case by the CSA.
super I thought, it wont be long until I get some money......
24/10/14 I sent this back
Dear Jeremy
Thank you so much for your time and assistance with my CSA case.
I have received the £50 apology and was most grateful for them offering that.
My case has gone back in to the data washing department as a lead into a bank account proved fruitless and they were unable to gain funds or any further information. So in effect I've done a full circle with this case.
I've done my own 'investigation' into my ex, Mr XXX and I've found out where he lives, with his dad and has done since we seperated in 2004 and that he is working cash in hand for a friend and has done for many years, possibly whilst claiming income support/JSA.
He's also lost his driving licence so there really is no paper trail towards him.
Obviously this doesn't help my case against him as whilst he has no assets or official job there's no way of setting up a payment from him.
Reading the attachment I was a little disappointed to read how when taken to court for £3000 it wasnt pursued as they were unable to gain access to the property. It was then deemed unreasonable in the court of appeal. If this was an outstanding amount for council tax for example would the same judgement be made??
To date I'm owed over £7,000. That's money I desperately need as I've been signed off on SSP since 9th September and its though working as many hours as possible to keep a roof over my head.
Its incredibly frustrating how the non residential parent if on low income/beneifts can't pay if it leaves them with little income, yet I'm meant to survive on £76 a week, and I'm the one with the responsibility, the higher financial cost of bringing up the child.
As I say, I am very grateful for the assistance you have given and to finally have written info on my case but I do feel very let down by the whole CSA system.
Kind regards
I didnt hear back from him, so on 20th Feb 2015 I sent another email.
I find myself writing to you once again as I have not moved any further with my case. This is despite telling the CSA everything I know in regards to MR O such as address and working cash in hand.
I have received another letter from the CSA dated 28th January 2015 which tells me I am owed £231 a month as of 6th Feb-no payment sent. followed by £226 for 8 months. This doesnt take into account the arrears I am owed which now total, off the top of my head over £8,500!!!!
As you can understand this is becoming increasingly frustrating, as I have said before I am now off sick, quite seriously with neurological disabilities and am currently floating in PIP limbo land so I have no earnings coming in! This money would help enormously.
To date I am no further on. I am now owed over £9000 reading the letter I got last week but as yet they have no way of gaining access to the funds....... I feel I am banging my head on a wall here. I had a phone call from them monday telling me they were still data washing him but they couldnt guarantee any success and they didnt know what else they could do.
CAB cant help as its been to court they say? Is there anything further I can do or try?
My mum wants me to just drop the whole case as its affecting my illness through stress but its the principle as much as the financial aspect being currently in a situ of no income at all bar my husbands.
Many thanks if you got to the bottom of all this. x
I emailed my MP Jeremy Hunt on 9th Sept 2014 with this after getting no where myself with the CSA and funnily enough a person on judge Rinder was having CSA problems and he recommended she contact her local MP....
Dear Mr Hunt.
I am appealing to you for any assistance you can offer after many years of trying, and failing to receive child maintenance from my ex partner.
In November 2008 i received a confirmation of application for child maintenance, in January 2009 I was sent a payment schedule based on my ex's circumstances. He was deemed to be liable for £10 per week from the 7th Jan 2009.
30/03/09 I received a letter saying they hadn't worked out his liability owed and they changed what was owed to £57.28 for the period 07/01-26/04/09
I rang 21st of May to chase up the payments and I was told he had changed his income after the January and had refused to answer any phone calls or letters from the CSA. He was then deemed liable for £147.28 for the period 07/01-26/06/09
A lady called Debra rang me 06/07/09 to say they were still trying to get hold of him and it was no nearer a solution.
On 28/07/09 I rang and spoke to a lady called Shona to find out whats going on and I was referred to the liabilities team and to call in 8 weeks.
On the 27/10/2009 a liability order was granted for £307.28 and legal action was promised on the basis of bailiff action. Id hear within 90 days of what the outcome was to be.
Over the next 6 months or so several automated letters were posted to me from the CSA declaring they still hadn't worked out his earnings and had wiped out previous arrears and were beginning again. After frantic phone calls this was told to be an automatic letter and to ignore it.
In 2010 I received a total of 2 payments equalling £150 and a further payment of £10 in 2012.
In 2013 I received once again another decision paper based on his circumstances and I had been awarded £53 per week. Again this was never paid and the arrears continued to arise.
To date I am owed in excess of £3,500 worth of missed payments and for a second time I was granted with bailiff action against him and a liability order was served.
I was told a second time they failed to find him or get any contact and it was felt it wasn't in the bailiffs best interest to pursue it!!!! What about mine and my sons best interest??
February 2013 I had a letter stating he owed me £5 per week with remaining arrears written off?? It turned out he has been on benefits since the july '12 but no one has updated his case.
To date I am STILL waiting on a payment and Ive been told the case has been put in a holding area where it will be "data washed" so if he applies for credit or makes himself known to creditors it will ping up the csa case. However, in the mean time Im left bringing up our son.
Ive paid for everything in the last 10 years since we separated and I am working 40-50 hour weeks to make sure I can afford to do so. How is it in this day and age someone can get away with none payments when there is SO much emphasis on non residential parents will be punished for not paying with threats of removal of driving licences or jail when it seems the residential parent is the one who is made to chase the CSA constantly. Ive paid out FAR more in phone calls and time off sorting this out than I have received from the CSA and its becoming so frustrating and upsetting.
I no longer know where I can turn as the CSA want to leave it 6 months between updates whilst they do this data washing process.
I beg you as my local MP to help before I lose the will to live and my son becomes an adult!
Kindest regards
Sarah
He was very helpful and was quick to reposnd and on 10/10/14 I was given a £50 apology for the mishandling of the case by the CSA.
super I thought, it wont be long until I get some money......
24/10/14 I sent this back
Dear Jeremy
Thank you so much for your time and assistance with my CSA case.
I have received the £50 apology and was most grateful for them offering that.
My case has gone back in to the data washing department as a lead into a bank account proved fruitless and they were unable to gain funds or any further information. So in effect I've done a full circle with this case.
I've done my own 'investigation' into my ex, Mr XXX and I've found out where he lives, with his dad and has done since we seperated in 2004 and that he is working cash in hand for a friend and has done for many years, possibly whilst claiming income support/JSA.
He's also lost his driving licence so there really is no paper trail towards him.
Obviously this doesn't help my case against him as whilst he has no assets or official job there's no way of setting up a payment from him.
Reading the attachment I was a little disappointed to read how when taken to court for £3000 it wasnt pursued as they were unable to gain access to the property. It was then deemed unreasonable in the court of appeal. If this was an outstanding amount for council tax for example would the same judgement be made??
To date I'm owed over £7,000. That's money I desperately need as I've been signed off on SSP since 9th September and its though working as many hours as possible to keep a roof over my head.
Its incredibly frustrating how the non residential parent if on low income/beneifts can't pay if it leaves them with little income, yet I'm meant to survive on £76 a week, and I'm the one with the responsibility, the higher financial cost of bringing up the child.
As I say, I am very grateful for the assistance you have given and to finally have written info on my case but I do feel very let down by the whole CSA system.
Kind regards
I didnt hear back from him, so on 20th Feb 2015 I sent another email.
I find myself writing to you once again as I have not moved any further with my case. This is despite telling the CSA everything I know in regards to MR O such as address and working cash in hand.
I have received another letter from the CSA dated 28th January 2015 which tells me I am owed £231 a month as of 6th Feb-no payment sent. followed by £226 for 8 months. This doesnt take into account the arrears I am owed which now total, off the top of my head over £8,500!!!!
As you can understand this is becoming increasingly frustrating, as I have said before I am now off sick, quite seriously with neurological disabilities and am currently floating in PIP limbo land so I have no earnings coming in! This money would help enormously.
To date I am no further on. I am now owed over £9000 reading the letter I got last week but as yet they have no way of gaining access to the funds....... I feel I am banging my head on a wall here. I had a phone call from them monday telling me they were still data washing him but they couldnt guarantee any success and they didnt know what else they could do.
CAB cant help as its been to court they say? Is there anything further I can do or try?
My mum wants me to just drop the whole case as its affecting my illness through stress but its the principle as much as the financial aspect being currently in a situ of no income at all bar my husbands.
Many thanks if you got to the bottom of all this. x
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Comments
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We involved our MP and in our case he wasn't much use, the only helpful thing was that when he wrote to the CSA on our behalf they had to respond within a certain amount of time which meant we got a response from the CSA far more quickly than we'd ever done contacting them ourselves. It did not help at all with our case - which was that we had a huge arrears bill for money which my husband, the NRP had already paid directly to the PWC and she had denied that he had paid, and also a request to be moved to CSA2 where the calculation would have meant he would have only been liable to pay half the amount he has been paying for the last 10+ years.
I feel for you, it's just more evidence of the CSA not being fit for purpose, they spent a lot of time pursuing my husband who has never missed a payment and regularly paid his ex a substantial amount every month (being on CSA1 double the amount he would have been paying if our case was CSA 2) without fail even before the CSA got involved, (We currently pay about £400 a month for one child). and yet he has been chased for more money on numerous occasions when the PWC lied about her circumstances. In your case you are the type of person that the CSA was set up to help having an ex who is deliberately avoiding his reponsibilities and you and your child have ended up with nothing, it's appalling!0 -
We involved our MP and in our case he wasn't much use, the only helpful thing was that when he wrote to the CSA on our behalf they had to respond within a certain amount of time which meant we got a response from the CSA far more quickly than we'd ever done contacting them ourselves. It did not help at all with our case - which was that we had a huge arrears bill for money which my husband, the NRP had already paid directly to the PWC and she had denied that he had paid, and also a request to be moved to CSA2 where the calculation would have meant he would have only been liable to pay half the amount he has been paying for the last 10+ years.
I feel for you, it's just more evidence of the CSA not being fit for purpose, they spent a lot of time pursuing my husband who has never missed a payment and regularly paid his ex a substantial amount every month (being on CSA1 double the amount he would have been paying if our case was CSA 2) without fail even before the CSA got involved, (We currently pay about £400 a month for one child). and yet he has been chased for more money on numerous occasions when the PWC lied about her circumstances. In your case you are the type of person that the CSA was set up to help having an ex who is deliberately avoiding his reponsibilities and you and your child have ended up with nothing, it's appalling!
I do recall a thread recently being deleted partly based on comments in bold regarding the csa/cms.
One of my colleagues was contributing a smaller amount on CSA 1 than if he were on the % system of CSA2 .
The £400 headline means little as by now you should have a very good idea of how CSA 1 is calculated so should know if it is near correct.
£400 on CSA2 would equate to around £24k net, which someone in a half decent shiftwork job would comfortably get or £30k gross for CSA3 .
From my seat I think the contribution should be based on what both parents earn not just one, that way those with little ambition that just so happened to sleep with the right person, doesn't end up milking the NRP, after all 2 people earning say £40k pa are going to have a differnet lifestyle/outlook compared to a couple on independance allowance etc.0 -
We involved our MP and in our case he wasn't much use, the only helpful thing was that when he wrote to the CSA on our behalf they had to respond within a certain amount of time which meant we got a response from the CSA far more quickly than we'd ever done contacting them ourselves. It did not help at all with our case - which was that we had a huge arrears bill for money which my husband, the NRP had already paid directly to the PWC and she had denied that he had paid, and also a request to be moved to CSA2 where the calculation would have meant he would have only been liable to pay half the amount he has been paying for the last 10+ years.
I feel for you, it's just more evidence of the CSA not being fit for purpose, they spent a lot of time pursuing my husband who has never missed a payment and regularly paid his ex a substantial amount every month (being on CSA1 double the amount he would have been paying if our case was CSA 2) without fail even before the CSA got involved, (We currently pay about £400 a month for one child). and yet he has been chased for more money on numerous occasions when the PWC lied about her circumstances. In your case you are the type of person that the CSA was set up to help having an ex who is deliberately avoiding his reponsibilities and you and your child have ended up with nothing, it's appalling!
Yes ,ours is another similar case.Totally unfair treatment of a complying nrp when they ask the pwc to decide!What do they think she's going to say !! Our MP also speeded up the CSA responses but they threatened to take 40% in a DOE when you have no further say in the matter & we couldn't have managed. We are still waiting for the ch/ben investigation which seems to have ground to a halt ! Shocking treatment from CSA very surprised they get away with it !0 -
From my seat I think the contribution should be based on what both parents earn not just one, that way those with little ambition that just so happened to sleep with the right person, doesn't end up milking the NRP, after all 2 people earning say £40k pa are going to have a differnet lifestyle/outlook compared to a couple on independance allowance etc.
What has this got to do with the original poster who states she works 40-50 hours a week. Why bring up someone who sleeps with the right person, doesn't have any ambition and milks the NRP. Have you got any useful advice for the original poster or any empathy for her situation. How about saying isn't it disgusting that the NRP evades paying any maintenance. No you have to make misogynistic comments about women sleeping with men. I have noticed you do this repeatedly. Start your own thread about your grievances instead of piggybacking on a genuine RP who has worked so hard to support her family single handed.0 -
To the OP,
It seems like you have exhausted all avenues and the CSA has failed in your case. You have two options phoning up every two weeks and keep on top of them to take action, but you must be exhausted and fed up with it or resolve yourself to the fact that the NRP has evaded any maintenance this far and you will never get any maintenance off him.
It seems bizarre that the CSA spend resources chasing NRP who never miss a payment and really stressful for the NRP and their new family I think that is terrible but don't chase NRP who never pays.0 -
From my seat I think the contribution should be based on what both parents earn not just one, that way those with little ambition that just so happened to sleep with the right person, doesn't end up milking the NRP, after all 2 people earning say £40k pa are going to have a differnet lifestyle/outlook compared to a couple on independance allowance etc.
Not entirely sure where this has come from or what you are trying to imply?? Care to share?
How am I "milking" the NRP?? If anything hes milked me! Ive bought up our child alone, Ive paid out my own pocket for the last 10 years with nothing from him, and before you say not via the tax payer either. I returned to work full time when he was 2, I have managed a job for the past 14 years. Thanks to the stress of being mum I worked two jobs for a while and then began working 40+ hours a week, 7 day weeks and only 1 weekend a month off. Ive yet to see where I have milked him??
Last spring-sept I was doing 60 odd hours a week. I saw my son in the evening when I got home at 1030pm. thanks to being so run down I landed up in hospital for a week and am now disabled my my disorder. Ive had to sell my car, quit my job and lose everything.
So YES fighting for the maintance money I am owed is a huge must. I need that money to keep paying my sons travel costs to and from college each day, pay for his meals, his pocket money etc etc.
Ive no idea why I feel i need to justify my case to you, but thanks!
To the others who have replied with helpful comments and advice, I truely thank you and will look into what you have suggested xxx0 -
Not entirely sure where this has come from or what you are trying to imply?? Care to share?
How am I "milking" the NRP?? If anything hes milked me! Ive bought up our child alone, Ive paid out my own pocket for the last 10 years with nothing from him, and before you say not via the tax payer either. I returned to work full time when he was 2, I have managed a job for the past 14 years. Thanks to the stress of being mum I worked two jobs for a while and then began working 40+ hours a week, 7 day weeks and only 1 weekend a month off. Ive yet to see where I have milked him??
Last spring-sept I was doing 60 odd hours a week. I saw my son in the evening when I got home at 1030pm. thanks to being so run down I landed up in hospital for a week and am now disabled my my disorder. Ive had to sell my car, quit my job and lose everything.
So YES fighting for the maintance money I am owed is a huge must. I need that money to keep paying my sons travel costs to and from college each day, pay for his meals, his pocket money etc etc.
Ive no idea why I feel i need to justify my case to you, but thanks!
To the others who have replied with helpful comments and advice, I truely thank you and will look into what you have suggested xxx
My reply was to Kent13, you don't have to justify yourself to me. I don't need your thanks and whatever I typed would have been ignored, so I didn't reply to your original post.0 -
I feel for you, it's just more evidence of the CSA not being fit for purpose, they spent a lot of time pursuing my husband who has never missed a payment and regularly paid his ex a substantial amount every month (being on CSA1 double the amount he would have been paying if our case was CSA 2) without fail even before the CSA got involved, (We currently pay about £400 a month for one child). and yet he has been chased for more money on numerous occasions when the PWC lied about her circumstances. In your case you are the type of person that the CSA was set up to help having an ex who is deliberately avoiding his reponsibilities and you and your child have ended up with nothing, it's appalling!
This poster was replying in a supportive way, highlighting the failure of the CSA on both sides and empathising with the OP, I'm pretty sure they don't want to be associated with your misogynistic comments. Imagine making negative comments about women sleeping with men to milk them of money in a post about from a women who has single handedly financially supported her child. Shame on you!!!0 -
My reply was to Kent13, you don't have to justify yourself to me. I don't need your thanks and whatever I typed would have been ignored, so I didn't reply to your original post.
I really dont understand your post, or indeed why you have contributed to my thread?
My thanks wasnt aimed at you, it was at the other posters who have given me some advice and support.
Why type something if its going to be ignored anyway? Especially if it wasnt to my OP? How does that help me in my situ?0 -
Moobell, I don't really know what I'm talking about 100% but I'm sure I've seen it mentioned before (and hopefully someone with more knowledge with clarify) but I have heard it before where in cases like yours, the CSA pays a lump sum to the PWC then pursues the NRP. So you still get some money.I'm never offended by debate & opinions. As a wise man called Voltaire once said, "I disagree with what you say, but will defend until death your right to say it."
Mortgage is my only debt - Original mortgage - January 2008 = £88,400, March 2014 = £47,000 Chipping away slowly! Now saving to move.0
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