What recourse is there for me now?

Need_To_Sort_It

After 13 years of dealing with the CSA I always had it in my mind that when you finally had your money being paid via a Deductions of Earning Order straight form absent parent wages, you were sorted - wrong.

My ex has thousands of pounds worth of outstanding maintenance and changes his well paid job roughly every 2-3 years, when he moves he leaves his DEO behind, then the CSA have to track him down, get details from the employer, give him another chance to conform and finally after 6 - 10 months of no money and my ringing daily you get the deduction of earnings order put back on.

The problem now is, the EMPLOYER is not sending it on to the CSA. I have been told by the CSA that the employer can receive a £1000 fine for not complying but when the assessment is £1060 they only have money to gain. The DEO was put on in June, they did not pay Augusts money and now I have not had Novembers (they get until the 19th of the following month to give it to the CSA - so on the 20th December, the money they took from him 3 weeks prior was well late).

The CSA sent an officer to the employer in September and that has been that.

They are not concerned with finding out where Augusts payment is - the employer claimed to have sent cheque number so and so, therefore it must have been taken from his wages, so in my opinion the employer has stolen it! The CSA don't want to know.

They reckon that "given the time of year the payment is most likely to be late, the cheque could even be in the post room we only have skeleton staff" - not my problem rules are rules arent they. Ok fair enough it's Christmas BUT 'but what about Augusts money' I keep saying, they have no answer other than 'yes they missed that one didn't they.

I have written to my MP because after 13 years of dealing with the CSA I know their official complaints procedure means nothing, but while I am waiting for a reply I wondered does anyone know what the legal viewpoint is on employers not complying with a DEO?

I really feel like ringing the police and telling them the employer took money and kept it - theft! But they would just laugh at me

Mr_Green_Genes

Need_To_Sort_It wrote: »

I really feel like ringing the police and telling them the employer took money and kept it - theft! But they would just laugh at me

Someone could well have stolen it - it could even have been someone from within the CSA who received it and pocketed it. What have you got to lose by reporting it to the police? If you do, you should tell both the employer and the CSA what you've done and that you consider either of them could be in the frame for a theft charge - that might tease the money out. Let's face it, you're being treated fairly badly so why not fight back. After all, that's what this entire website is about.

kelloggs36

And that is so highly unlikely it is laughable. It is more likely that the employer hasn't taken the money or has not passed it on. Whilst the CSA have clearly been slack here, it is extremely unlikely that they could possibly have stolen it. YOu have done the right thing in respect of turning to your MP - keep the pressure on that way; they are more likely to get a response than you are. You should be asking for a compensatory payment for their failure to act. You should ask for a formal explanation as to why no action is being taken in respect of August's payment - I know I certainly would.

Need_To_Sort_It

Well, I was on the blower first thing, was told what I already knew - no money, she said she would pass it on to the enforcement team so I told her that while she was at it I want something done about Augusts money and I want an explanation from someone in authority by Friday 2pm - watch this space - but dont fall asleep eh? Sigh,,,, where's that wall for me to bang my head on?

wobblebottom

Need To Sort It- I completely understand What you are going through, I too have faced years of exactly the same problems and can really sympathize with you.

Every few months I find myself hanging on the telephone , ( your case worker is not available sound familiar?) .. Only to be told again and again that the Employer's will be contacted by a compliance officer- and will be summonsed to court etc... But every time they finally pay-( usually every 3-4 mths or more) the CSA have to go right back to stage 1 the next time they deliberatly delay payments- its soooo frustrating,

They can see by The amount of times Ive had to Contact the CSA about this that there should be no excuse and A court summons should be sent straight away IMHO , they have had too many chances..

I did Finally get 4 mths payments in November.. thank heavens,and Have had 1 mth since for what its worth.. But it wont be long before they hold onto my payments once again and Once again Il be hanging on the Phone ....

I could understand if it was a sizeable amount they were holding onto( to accrue interest in their bank lol , But for £ 11.00 A week ! I ask you.

Rant Over

Chin up Need to Sort it..... I hope it works out for you soon.

Nik

Need_To_Sort_It

Its awful isn't it, well did a really stupid thing last night, I found their website and found their complaints section well, needless to say I ending up ranting and raving like a loon, oh well its done now, snet into the world of cyberspace!!!
Keep fighting hun, we may win :-)

Sensemaya

Get them to give you an ex-gratia payment PLUS interest. This can be sorted out very quickly,especially as your MP is now involved.

Need_To_Sort_It

Thanks Sensemaya The last time I had one of those it was £50, how does one get one?

Sensemaya

Need_To_Sort_It wrote: »

The last time I had one of those it was £50, how does one get one?

Well there are ex-gratia payments and ex-gratia payments.

The CSA can give you the three months payments owed to you ie Aug, Nov and Dec ( ? ) out of their coffers PLUS interest. It is then up to them to find these missing payments. You should also receive a consolatory payment ...usually 50 quid... too.

Chase up your MP in the New Year.

A truly divine link:

http://www.dwp.gov.uk/publications/dwp/2003/frm/

And don't we just love this quote: "restore them to where they should have been in the first place"

Our aim is simple. We should try to give a good service to all those we deal with in our official duties. As part of that, if we make errors we owe it to our customers to apologise and do all we can to restore them to where they should have been in the first place. In this way our customers will receive the service which Parliament intended.
PAUL GRAY
Consumer Champion
Department for Work and Pensions

...Consumer Champion...:rotfl::rotfl::T:T

Need_To_Sort_It

Well, well, well, what a turn up, darn shame its closed tomorrow or they would be copping it at 8.30am, will read that link thanks

Cozworth806

What I would also ask them to confirm is how much money is owing from July onwards and the employer can be fined for each missed payment.
However as the DEO is not effective your ex should also be taken to court for a liability order as he is still liable to pay even if the employer has failed to pass the money on. This can lead to bailiffs, charging orders on property etc.