CSA written off then CMS raise again!?

tawecdl

Hi,

This is a query for a friend I thought IO would ask for advise for him on here...


In brief, mother approached CSA in 2006 and was granted.

Father paid a certain amount but did not hear from CSA so paid mother certain amounts as and when he could.

In 2009 mother told CSA she will just get money off father as and when required. Case closed

Father was told over the phone this will be written off and mother confirmed.

CMS now have sent father a letter saying he owes £4200 for period 2006 - 2009.

Father told CMS this was written off and was told if he cannot prove that he has paid that £4200 since 2009 then they WILL collect it from him.

He has no evidence.

Does he have a leg to stand on. Mother now wants the money.

Thanks in advance

daddydodo

The CMS will take the word of the PWC as opposed to the NRP. So in this case they will believe what the mother tells them. If he has paid the money all that needs to happen is the mother needs to call them and tell them everything is good. If she doesn't then the CMS will hound the father for the back payment. So it's down to the integrity of the mother.

WYSPECIAL

And also down to being able to evidence the payments.

Does he have a letter stating the case was closed and all arrears written off?

If not the arrears will remain collectable.

If he paid by bank transfer then he needs to get his old statements.

Unfortunately if he just handed over cash with no receipts then he has lost his money.

NotSuchASmugMarriedNow

what do you mean "mother now wants the money"? She's had the money, why is she asking for it again?


Anyway, confirmation of payment in the way of bank statements is evidence enough to satisfy the CMS

Sambella

Could be worth putting in a SAR request to see your case file.

There could be evidence there somewhere of the case being closed.

FBaby

Was she on benefit at that time? If so, the rule then was that the government sought maintenance payment to pay towards the benefit, so she could only keep £20 (a week/month, can't remember) of it.

In this, it has nothing to do with her but with CMS seeking what they consider is what you owe them. You should never have agreed an arrangement with her then if she was on benefits because that option wasn't available then for single parents claiming single parent benefits.

montyrebel

did he pay cash or via a bank transfer etc that can be traced

swingaloo

My husband had a similar thing happen. He paid the mum directly without the CSA involvement. Then the mum decided she wanted more money and informed the CSA that she had not received anything and he was sent a bill for over 4000 pounds.

In his case he had receipts for the money he had given her and all the bank slips were marked 'maintenance'. However he was £360 short as he couldn't find a couple of receipts and he had to pay that money back to the CSA even though he had paid it once and it did not go to his ex but to the CSA as his ex had also been on benefits.

If you don't have the receipts you are not in a good position to argue your case.