CSA useless father owes thousands.

[schmoodles]

I am currently up to my eyeballs in debt and need some advice on how to persue money that is owed to me from non paid child maintainence for years. I'm probably opening myself right up for people who are being chased by the CSA or courts for maintainence so perhaps if I explain.

When I fell pregnant i had a good job, so did my partner. We had split up and I gave him the option, I told him that I didn't want to trap him and that if he wanted to walk away then I wouldn't stop him. That I would tell the child, in time who their father was and it would be up to them both if they wanted a relationship. I also told him that I would never prevent him from seeing the child if that was what he wanted and that I would promote a relationship for the childs sake. He stated that although it was a shock he would be involved, that he wanted to have a relationship with the baby and to support the child. I took him at his word and never got in the way. Despite the fact that it was very strained for me financially I agreed to £20 per week maintainence. I let things slide and slide when the money wasn't forthcoming, yes I would ask but I never persued it with any seriousness and never held back contact because the money wasn't there, I don't believe that a childs relationship with a parent should depend on whether they pay up or not, it's not the childs fault. He didn't pay on time or at all until I was made redundant and claimed benefits until I found another job. He really had no choice as the benefits agency will persue any non payment of maintainence unless there is a risk of abuse towards the child or others. The day I got a new job and came off benefits, 2 years ago, the payments stopped. He also started to let contact slide, no contact for weeks at a time and then getting nasty when I insisted that they were re introduced steadily for the childs sake. I have repeatedly stated that maintainence needs to be paid. I have even offered reciepts for what the money is spent on to prove the child is benefitting from it and not me. I spoke to a solicitor who wrote him a letter stating that contact needed to be more consistant and regular and planned one month in advance to ensure that when working, I could arrange proper childcare. It also stated that the maintainence had gone unpaid for 18 months and the outstanding amount was nearly £2000, but that if maintainence payments started again with immediate effect, I would be happy to accept £30 per week until the arrears were paid off. I don't think this was unreasonable seeig as he still lived with his mum and worked full time earning twice as much as me! Still the access is intermittent at best and the money remains unpaid. I then contacted the CSA as the solicitor had advised if payment was not forthcoming. They closed the case as he was not on the electoral register and had given up his job. They had phoned him and he had ignored their calls. I asked him for a contact address, for them to get in touch, but as he wasn't registered at that address then they wouldn't write to him there or take further action. His attitude was well, what can you do, I can't pay anything because I gave up my job and have no dole. I reminded him of the years he had a job and never paid. He said that he didn't have to pay because the government give me money and that he knows I will go without as I do, to provide for the child.

I want to know is there any further action I can take. I have stopped access as he will not tell me where he takes our child and the child comes back distressed, he often arranges access and then doesn't turn up at all. I don't feel this is fair, I want the access to be laid down by a judge so that he has to attend and if he doesn't then he will have to face his actions, but I can't initiate this, I have to stop access and then he has to initiate court action.

Can I sue him for what he owes? And can I insist that the CSA try again? I really don't want to put him under financial hardship but I am struggling with bailiffs and as I am owed money I think that I should at least try. Can anyone offer advice please? Thankyou:|

[MrShed]

If he has no money, then any action would be a waste of your time and resources...

[schmoodles]

He will not be without benefits for ever and I have no money but still have to pay my debts, I don't want it all now, just a little a week would help.

[andie_303]

If he has no money, then any action would be a waste of your time and resources...

 

 

It is absolutely NOT a waste of time and resources, what deadbeat absent parents say they are earning and what they actually ARE earning are very different things and the CSA is so lapse they believe whatever comes out of peoples mouths if it makes there jobs easier.

 

I am in the same situation my ex partner has not provided a penny since my son was born in 2007 and my son is disabled so I could really do with the support - and just incase anyone wants to jump on my back about going out and getting a job - I work full time and had to return to work when my son was just 6 weeks old as I realised with a disability he would need a lot of financial support.

 

I got the CSA involved and gave them the only address I could for my ex his fathers (even though I knew he did not live there) the CSA pursued him at his fathers so I have no idea why they say they can't pursue someone not registered at an address (i would say that the person you spoke with is b/s - ing you)

My ex claims to be self employed but told the CSA he wasn't working so I was told I couldn't have any money even though I told them he was lying and he was working. They then told me I had to find out where he was working and supply it to them (hmmmm nothing like doing their job for them!!). Now I have a court order against this man and have absolutely no contact with him or anyone he knows yet within 2 days I'd found where he was working and given it to CSA in Jan 2008 - I would call every week for months and months and they would say 'we're dealing with it' but I would never get anywhere - Well by Septemeber 2008 I'd had enough and went to my MP he was to his credit so sympathetic and told me that the CSA is in such a mess they have a special dept to deal with MP complaints and that if i gave him all the case details he would take it up for me on my behalf.

 

Funny this but with 8 days I had a letter telling me my ex had been caught working and that I had been awarded back payments totalling £2900 and that I had also been awarded a weekly future amount - I guess MP letters push cases to the front of the pile.

 

My battle is still not over as my ex has refused to pay despite the CSA obtaining a liability order - they are currently sending in the bailiffs and taking steps to remove his driving licence but I now get a letter or phonecall at least once a month telling me the staus of my case.

 

Whooo rant over.....back to you....

 

My first piece of advice would be contact the CSA again and make sure they have actually closed your case - as they shouldn't do this - even if they could get no money at the time there was every possibility they could have got some in the future so they should not close cases. You first need to verify this.

Next you need to get your MP involved - get your case jumping the queue and in to the department that deals with MP complaints - you get a lot more information from this department and a dedicated person to deal with.

I cannot really comment on the access thing only you can decide what is best for your child and I think you have thr right to do what you believe is best.

 

If you're anything like me the whole reason for doing this is more principal than anything else but you are absolutely entitled for support for your child and hell £30 a week is cheap they should try payiong what it actually costs to raise a child for a week and then they might see how easy they are getting off.

 

I wish you luck - keep in touch.

Edited March 1, 2009 by andie_303

[e28bigalbexley]

Hi

Sorry to hear of your plight i cant answer the CSA problem but can point you to to some threads to stop the DCA's hassling you.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/84273-oft-debt-collection-guidance.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html

 

Debt Collection Industry - The Consumer Forums

 

 

the last one is the main forum where you will find lots of info about DCA's and bailiffs and how to get them off you back. Have you been to the Citizens Advice they could help if you need to set up a debt management plan.

It must be hard for and you will find plenty of support on here. If i find any other useful snippets i will post them.

 

Good luck

 

AL.

[e28bigalbexley]

Hi again

I knew this was here just couldn't find it till i downed that first cup of coffee eyes are focusing now

 

Benefits, Tax Credits and Minimum Wage - The Consumer Forums

 

this one has a forum which has good advise

http://www.parentscentre.gov.uk/

 

the next one needs a subscription so may not be for you but heres the link anyway

http://www.nacsa.co.uk/

 

 

 

AL.

Edited March 2, 2009 by e28bigalbexley

[schmoodles]

Thankyou, I have been on the CAG debt threads and recieved some useful information and assistance. I am going to try the CSA again, they called me on the telephone and told me that he could not be traced, the woman at the other end got a right earful (wasn't her fault though and I did appologise) as I had given them 3 phone numbers and where he worked and his parents address. The woman told me that they could not trace him and as such they were closing the case, I have the follow up letter, when I dig it out I'll say exactly what they said, but she told me that under the circs she was authorised to tell me that he had left his employer, that was after a rant and me asking them if they wanted me to lock him in a room and then contact them so they knew exactly where he was. So that was that. They suggested civil action, which is why I posted on here, for advice on how to go about it, but I will definately try the CSA again, thank you for your suggestions so far and keep them coming!

[e28bigalbexley]

Have you written to your local MP? Might as well and well worth a try.

It may give him/her something to do in on the Easter break:D

 

 

Here is a link for addresses

 

http://www.parliament.uk/about/how/members/mps_contact.cfm

Edited March 2, 2009 by e28bigalbexley

[andie_303]

Don't write to your MP - my advice make an appointment to go and see him/her - or if her does a drop in service go to that - they are more likely to get things done quicker and tell you exactly what they are going to do there and then. My MP was amazing (i might even vote for him next time )

 

CSA telling you to do things civilly - that is code for we really can't be arsed so can you do our work for us.

 

CSA should not close cases as even if they could not get something from your ex then they may be able to in the future so what sense does it make in them closing it?

The thing about doing it civily is you can only get a county court judgement against him for previous amounts (that'll be your word against his as well unless you put your agreement in writing) and the courts are unable to force him to pay future payments so it would mean you having to go to court every so often if he is not fulfilling his agreement.

 

Don't take no for an answer of the CSA and as i previously said they change their tune very quickly when MP's get involved. When ever I used to ring them in order to cut through the crap (no offence to any CSA advisors) but I just used to say 'can I speak to a manager please!!'

 

Keep in touch

[e28bigalbexley]

Don't write to your MP - my advice make an appointment to go and see him/her - or if her does a drop in service go to that - they are more likely to get things done quicker and tell you exactly what they are going to do there and then. My MP was amazing

 

 

Thanks Andie:)

There you go perfect better than writing and you get the chance see how MPs earn their money. The website i listed in a post above will have all his/her details for contact. And much easier to explain things face to face:)

 

AL