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Everything posted by Stressedandfedup

  1. Basically, until the funds reach the CSA bank from the employer, the NRP is still liable to pay it. It will come down to ur daughter's hubby (assume its his case?) having to seek legal advise re the company that retained the money. Basically the company has stolen from him. It is illegal for an employer to not pass on funds taken for CSA. But unless the employer sent a chq which bounced (and fraud can b proven) there's nothing the CSA can do. It will b a case of taking the company owner/director to court I'm afraid. MP can't help re CSA for this problem as its out of CSA jurisdiction,
  2. Sorry to tell u, but it's too late to have the LO set aside. The court would have been satisfied that they sent the warning and summons to what the court describes as a 'confident address'. Basically i would find out 1) y they didn't accept ur change in circumstances; 2) what dates the LO covers and the amount. If u can find that they've not acted on ur coc request then u may b able to have it done retrospectively. But if u didn't provide the info/documents they needed to assess u then u would have run out of time and the coc will have been rejected. If its the latter then u'll have n
  3. Is the house in his name only or both of urs?
  4. Teganellie is spot on. Even if u do get a successful maladministration claim, the compo is very little. What I'd want to find out is y this happened. It could b that a CSA officer didn't 'run the schedule' on the computer to include ur arrears. Or that someone didn't see that it'd mid-allocate to the wrong PWC. (this could have been avoided if they temporarily suspended the other PWC's arrears before the NRP's payment allocated to his cases (it's done on his NINo and the computer auto splits the payments to regular/ongoing weekly charges then to arrears between the PWC's. As the case had
  5. All u need to include in the letter is that u 'request copies of all clerical and electronic data as allowed under the data protection act'. Make sure u put ur NINo and case ref number, full address and make sure u sign and date it. Signing it is very important due to certain data protection rules (hence the CSA can't take a request over the phone or by email). Please remember that the SAR/DPA print will not give u confidential info on the NRP. On another note, when he's re-assessed, u will (should) get a letter to inform u what his new weekly liability is. The letter should include the fig
  6. Have you received the breakdown? That's the first thing to get to check. Check that they have put on all the assessments on the case and all the payments you have made. If you haven't been keeping up with payments, they add up very quickly. When did they last assess you? was it when you told them you are on benefits? if not, call them straight away for a new assessment, and send in all the documents they ask for. If you are already on a Nil assessment then £20/m for the arrears is very reasonable as they would really be after you to clear the arrears in 2 years. For £2k that's £80 odd/m.
  7. i hope i'm right, but bailiffs themselves can't make arrests, only the police. If it were to actully come to that, the police would have to arrange care of your child. The bailliffs want payment in full so it looks nice on their books and they get a better commission. You need to write a formal notice to them and the TV License people (as the bailiffs are acting on their authority) to inform them of your vunerable status. I'm sure there is some legislation in an Act somewhere to protect you from this. They need to show you the court authority upon request of their ri
  8. Jdes: make them show how they've worked out that figure. What income are you on now? Have you told the CSA what you are on AND specifically requested a new assessment? You would think they'd act when they received your letter but you do need to be straight to the point and send in your documents to show what income you're on etc. If you've done all this and heave failed to act, then you can complain for maladministration. Not rewarding but annoying to the lower senior management. If you can show them they've made a mistake, they have to correct it. If it means reducing your assessment
  9. Essentially if there isn't a PWC to pay the arrears to, they cannot collect it. Unfortunately the law doesn't allow for the continued collection after the death of the PWC. The case is between u and ur ex and by law has no involvement from the (ex) qulifying child. The only thing I can suggest is that u go to ur mp to take the issue to parliament. I think the NRP should clear his debt and the money would go to the relevant children. U have raised a very good point. But as it stands at the moment, there is no provision in legislation to continue after the PWC dies. As technically the mone
  10. Make sure you sign and date the letter. If its not signed they cannot by law send you ur SAR. The above letter is a good example. You can of course shorten it to say you want all electronic snd clerical info allowed under the data protection act. They have 40 days from the receipt of the letter (they should contact u to tell u they have received ur request) to produce it. You may also reqest from your normal CSA office, an account breakdown. This will show the assessments made, the dates from and to they charged, any changes made to to overlapping in liabilities (unlikely as I think u
  11. To go to court, they HAVE to have the correct name. If u can show them when u told them of ur new name, then any application to court is void. It's a legal thing. If u changed it by deedpoll, then it's ur legal name. If uv changed it unofficially, then ur old name is still legally valid. DEO's are different. Although its unprofessional to have the wrong name, and personally I'd kick up hell till it was corrected, it is based on ur Nat ins number. ur employer is legally obliged to adhere to it.
  12. Turned worm is right. You say that you are to pay reg cm up to October. Is this on a collection schedule? If so don't fret. The CSA issues them to cover 12 months (they have to) even though there will be a change during that time. Basically a change can't be input into the system till it happens. Bear in mind that if there are still arrears to pay, these will still need to be paid. If the child starts full time work when college is finished, or claims jsa in his own right, your liability to pay regular cm ends. Whatever happens, cm liability ends from the 19th birthday. If you are con
  13. Hiya. The CSA can't take your income and include it in your partners income for his case. You are not financially obliged to kids that arent your own. And vice versa. They cannot use tax credits as part of your income but they will need to know them anyway. Is your case newer than march 2003? If so there is a basic calculator on the options and CSA websites. But if your kids stay with you regularly it can get complicated. You should have received an assessment notification to tell you what figures they used. If you've misplaced or don't remember getting one, they can re-issue the letter
  14. If you have been making voluntary payments to your ex, ask the CSA to send you a form to list them. Then they will send a letter to your ex. If your ex agrees to accept them in lieu of CM and sign/dates/returns the form, the CSA can adjust the amounts off the arrears. However due to a change in some rules back along, if the PWC disagrees then there isn't anything you can do. Believe it or not it's frustrating for the caseworkers as they know many PWC's take the mickey. Even if you can prove it, the CSA and the court will not consider it. Hope this helps in some way.
  15. Driving licence and prison is always the last in a long list of what the CSA can do but to do these 2 they have to show the court that they've tried everything else first. The CSA usually have to try the bailiffs first before going to county court for any next action. They have already tried if they're saying they're planning next actions from the sound of it, or they deemed it not appropriate to use bailiffs. If you want to seek real help, go to the CAB and see someone who knows what they're talking about. CSA debt cannot be dealt with like credit debts. The companies that say they can
  16. CSA would class you as self-employed and would expect you to show them your income. If not possible, then they can use the HMRC's estimated income figure that they'd expect you to earn as a pro poker player. Your case would not be handled by the usual caseworkers, so your case would be potentially up for being 'hawk-eyed' regularly. This also means if your ex says you have more money than declared or 'lifestyle inconsistent', you could be subject to a fraud investigation. Bear in mind if you do not declare your actuall income, it will be breaking the law. If you can, see if your ex would be
  17. Another thing... Any decision the CSA makes, has to include 'welfare of the child' this means ANY child affected by their decision (regarding collecting arrears). Those who have a Deduction of Earnings Order at maximum and are struggling, call up and negotiate the amount for arrears. Make a point of your child is suffering. If they refuse, either write to the complaints or go to your MP about it.
  18. Be careful whose advice you follow with regards to the CSA. Many of what I've read is either ranting (and nowhere near helpful) or a bit of of date. Even if a NRP is self-employed it doesn't mean they will 'get away' with paying as it'll just mean a quicker route to the CSA's enforcement teams to go and apply for a liability order (the first step in the whole enforcement process). If the debt isn't then paid or at least an agreement to clear it, then they will try bailiffs. If that fails, it'll go to the next stage where the CSA will apply to county court for various things including a CCJ
  19. Claire, I think your hubby is in the 'old rules' which basically means its a very complicated formula to assess. Your income cannot be counted with hubby's as you are not financially responsible for the child. The reason why they'd ask for all your details is to create an exempt income or a protected income figure. The easiest way to explain is that the CSA first calculates as if the NRP is single with no dependants and then if he has, he gets an extra 'allowance' added to his protected income figure. If you were not working you would be classed as fully dependant on hubby to pay all the bi
  20. It's on the onus of the clients to contact the CSA if there's a problem. The NRP in this case was informed that there was a case therefore from CSA point of view why didn't he chase the CSA up for the info? This case NRP supplied info so they would have used it to make the assessment. If it was insufficient to make a 'Formal maintenance assessment' and no other info was received within the assessment time limit, it is possible that an 'Interim MA' (a penalty assessment). Don't think this happened on this case but its worth checking out as its possible to revise IMA's to FMA's. This si
  21. The 6year thing..... Doesn't apply to CSA or other 'crown debts'. That's a consumer/credit thing. There is a thing they are limited by re being able to secure debt on a LO but that is for cases older than June or July 2000.
  22. The LO covers a specific period of time. If your hubby isn't paying the regular maintenance then he will build up more and it's very possible the CSA may go for a second LO depending on how much is accrued. Also if the arrears are only at LO stage and it's being paid then it won't be 'registered' at your address. I think jdes is thinking about a charging order which the CSA cannot apply for unless they go to county court (whereas LO's are obtained at mags courts) and can show you have been a consistent non-payer or that the debt is massive. AND they would have to try using the bailiffs firs
  23. Jdes you are wrong apart from the wages but. Claire, what date did your hubby's case start? Before or after march 2003? I can better advise you if I know what 'rules' the CSA are using for his case.
  24. The CSA can only request money to be deducted for maintenance. The decision is down to the DWP but the DWP is supposed to ensure you still have the minimum amount to live on by law. I just don't know the amount. It may be worth making DWP specify what the deductions are for to make sure it's not something else like social fund loan or council tax. If I were you I'd find out what your weekly CSA liability has been calculated as. If your case is recent it should be £5.00/w flat rate if your are in receipt of prescribed benefits. The rest could be for any 'build up' between the case start date
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