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IdaInFife

CSA and non payment help

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Hi folks,

 

posting for a friend - we will call her Anne.

 

Anne was receving £80 per week from CSA.

 

This stopped and now due about £900 and this was from a deductions of earnings. (doa only about 4 - 5 months old after 15 years )

 

Anyhoo, she has spoke to her ex who has stated this has been still be deducted from his earnings but the employer has not paid to CSA.

 

She has been in contact constantly with the CSA who keep saying we are looking into it.

 

The ex's employer has actually said to the CSA and to Anne, will pay it when I am ready.

 

EX has never received a payslip cause gets lodgings with job and doesnlt want to rcok the boat.

 

Anne has been on to the CSA about taking action against the employer but keep fobbing her off.

 

I have checked other threads and the csa website but cannot find any help about the emplyer not making the payments.

 

What can Anne do to get the money she is due?

 

Ida x


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Hi Ida

I run the payroll within my company and collect many DEO's on behalf of the CSA or IQOR (CSA's debt recovery agent). An employer has an obligation to pay over the deductions they have made by the 19th of the month following the original deduction but usually they set up an arrangement based on when the employee gets paid i.e each Friday, then they would expect to receive deductions on a weekly basis - once this 'arrangement' has been broken or if they have not received any deductions for the previous month by the 19th then they start calling or sending letters out. I have personally received phone calls to ask if there was a problem or when the next payment would be made after they believed a payment was a couple of days late. One company I started work for had overlooked paying over the deductions and they had not been paid over for nearly 6 months, but, NOTHING apart from letters telling them they needed to continue making the deductions under the DEO or risk committing an offence under section 32(8) of the Child Support Act 1991 if they did not comply with a DEO (and a few irate employees! with ex-partners getting mad at them) I guess unless it is in their interests to pursue the deductions then they don't agressively chase it. I would also hedge a bet that she does not claim income support or JSA otherwise the CSA would have been a little more forceful in their actions to the employer.

However, what is concerning is that there is no actual proof that any deductions from the EX's wages have been made. Is she sure that the deductions are taking place? Everyone by law should get a statement of earnings from their employer. I would be very surprised that the company would take any notice of an DEO or subsequent warnings if they were prepared to break the law of something as basic as issuing a payslip or statement.

 

I am sorry I can not offer you any real advice apart from telling your friend to keep on at the CSA until they sort it out in the vague hope that someone will take notice.

Lucy x

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Hi Lucy,

 

thanks for the insight,

 

yeah you hit the spot, Anne works but she has called them everday and so has the ex.

 

I beleive yesterday the csa was going to stop the DEO and was going to set up a dd direct with EX until they get the DEO sorted.

 

Ida x


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