Please Help - CSA major problem

[murbay]

I really need some advice as I have been severely done over this month and do not know who to ask for advice.

 

I have a 9 year old daughter who lives with her mother but I have always payed maintenance towards my daughter through a private arrangement. This is not my first involvement with CSA but each time they have managed to do me over and I wasn't even the person at fault.

 

The first time was 3 years ago, my ex partner decided I should pay her twice as much as I was because she had a new house and a car to run. I refused and she went through CSA. She basically got a shock as CSA decided I was paying more than I should anyway. This prompted her to cancel them and want to set up a private arrangement again. I said I would prefer to go through CSA but was told by them that since my ex didn't want to I had no option but to set up a private arrangement again.

 

2 years ago, after a heated discussion with her with regards her partying and total disregard towards our child she went back to CSA out of spite. Since the private arrangement I would ring CSA whenever there was a change to circumstances for advice on what I should be paying and I would adjust my payments accordingly even though nothing was going through them. I felt there would be no issue this time as my payments were in line with theirs and give or take £3 that was correct. HOWEVER, on the first month, CSA I payed CSA by card over the phone but then a few days later they took it by direct debit and to add even more insult they deducted it from my earnings as well.

 

Phoning to complain, they accepted the error on their side but refused to give any money back. Instead telling me I would not pay anything for the next couple of months as they would use the money they had taken. To add further insult, they 'forgot' to pay my ex and again caused more friction between us. She eventually accepted that the payments would not be regular and cancelled again. Again, I could not dispute and remain with them as they were working for her best interests.

 

Roll on yesterday when I got a very nasty shock and found a quarter of my salary had been removed by CSA. Phoning my ex, she admitted she had contacted them to ask for things to go through them again but failed to inform me. The reason this time? Because I had a holiday this summer for the first time in 5 years and went to see my sister in New York. Apparently, if I have money to do that then I'm obviously not looking after my daughter enough. Anyway, CSA seemed to agree and just took the money.

 

Now whats interesting is that CSA hae written to me on several occassions over the past few months but I have failed to respond. The reason being I moved house last June and since there was no involvement through them I had no reason to contact them and let them know. I haven't recieved any correspondance at my current address so was unaware they were trying to contact me.

 

Further to that, my ex failed to disclose this information since she knew I was no longer at the address they were trying to reach and has been in contact with CSA on a regular basis. She also failed to disclose that I have been paying maintenance on a monthly basis, simply for the reason that she feels it is not enough. Finally, she also failed to tell them I also have another child that I support since there she feels that is irrelevant as my other daughter is no concern of hers.

 

Anyway, I contacted CSA Helpline yesterday but they were of no help. Apparently they could only give general information and not specifics but did give me another number to call.

 

I called the other number only to be told in polite terms that I was a liar when I tried explaining that CSA Helpline had given me this number as they have another list of numbers to give out and this one was not on their list. After giving the woman the reference from the helpline, she reluctantly gave me yet another number to call. I did and they can't do anything because I couldn't give them a CSA Reference number. I was told that I should try and find my correspondence before ringing them again, despite the fact that I have had nothing.

 

So here I am, quarter of my salary gone, knowing that the private payments I am making are on par with CSA if not more (as there is a 2nd child now to consider which I do have a private arrangement for in which both girls have the same amount each month) and no joy getting through to sort this out. Is there anything I can do because I am really struggling this month and if I get another 'surprise' from them at the end of next month it will finish me off.

 

Also, is it not unlawful to remove money from my salary without contacting me first? Or does writing to an address I no longer live at constitute to being reasonable?

 

Please help because I honestly don't know what I can do.

 

Thanks in advance

[RHOOD]

request a SAR from them , are the part of HM REVENUES AND CUSTOMS ?

[Lula]

I think I would change my bank account number and request a new card also so that they cannot just help themselves, if you are paying regularly then they have no reason to do this.

[murbay]

RHOOD, I'm not sure. The last I heard Inland Revenue were taking it over but as far as I know they are still the same con artists they were before so not sure if it has been taken over yet. If HM Customs were involved, you would think they had access to my correct adress details which makes me believe they aren't.

 

Lula, they didn't take it from my bank. They took it directly from my salary by Court Order.

[Lula]

When did they get a court order to do this? I'm sorry I am no expert in this, but your ex cannot just swap and change her mind as often as she does, it isnt fair, so you have no recourse to going back to court and asking that the attachment of earnings is stopped or at the very leave she is told that she cannot keep changing her mind?

[murbay]

It's alright Lula, I'm no expert either but at least you have given some advice which I'm truly thankful for

 

Payroll said the court order was put in this month and they legally have to oblige. I'm hoping I can get some further information from payroll but thats not looking too promising. Basically it's 3 months of full payments for 1 child removed in one go. I have all my bank statements as proof that she was paid by standing order at the end of each month. Thas another kick in the teeth as this months has already gone to her also.

 

Unfortunately, my ex is extremely impulsive and goes out of her way to hurt you if she doesn't like something or if she is jealous. That's why she is an ex. My more recent ex (with my 2nd daughter), we still have a great friendship and we both share the upbringing of our daughter. She has never asked for anything but I still support both my children and as a result, what I give to one I give to the other. Thats how I know for certain that through CSA I would actually be paying less.

 

I don't have any letters from CSA or from the courts because it has been 18 months since I lived at my old address so don't know which court this would have gone through. I honestly thought today about letting CSA keep the money and taking my ex to a small claims court to recoup the money she knowingly kept but out of principle I wouldn't want to cause any distress to my eldest by doing that. For me it is the same as stooping to my ex's level which is why I just want to sort this the correct way without falling into any more pitfalls along the way.

[Lula]

Well, I really cannot help further, but I am going to hit the triangle and ask that someone how knows how to deal with the CSA come back and talk to you, it is all very well not wanting to rock the boat, but you have to stand up for yourself and you need money for yourself and youngest daughter to live on.

[RHOOD]

How to access personal information

 

Under the Data Protection Act 1998, a parent can ask what personal information we hold about them on computer and in some paper records. The parent must ask us in writing for the information and give us information that helps us to be sure of their identity, including:

• their full name
  
• their date of birth
  
• their address
  
• the CSA case number
  
• their National Insurance number.
  

 

The parent should give enough detail to help us to identify and find the information - for example, the CSA office they deal with.

They should:

• send a letter to the Data Protection Officer at the CSA office that deals with their case, or
  
• write to:
  

 

The Child Support Agency

Data Protection Unit

Room BP6002

Benton Park View

Longbenton

Newcastle upon Tyne

NE98 1YX.

Once we have their letter and enough details to help identify the information they have asked for, we will send them a copy of the information if we have it. We will do this as soon as possible and within 40 calendar days.

 

Hope this helps, it will give all the information they hold on you

dont even think you have to send £10, i would send letter to Newcastle

and not the local office

 

I am fighting TAX CREDITS at the moment - give you money then want it all back,its worse than the BANKS.

[scousegeezer]

Murbay,

Having read through your thread, it would appear top me that your ex is guilty of fraud/ obtaining money by deception. You say you can prove that you have paid her each month, with bank statements and D/D. For her to get the CSA to take action against you she MUST hjave told lies - i.e - told them that you have not been paying for your daughter. I would personally escalate this with the CSA and state you want to report the fraud/ deception by your ex.

 

Cheers - Scousegeezer.

[murbay]

Thanks guys,

 

RHOOD, I shall give that a try and get a recorded delivery letter off this weekend. I did find out that it is the Belfast office that looks after my area (funny how they are so far apart)

 

As for Tax Credits, had that issue 3 years ago too so understand what you are going through. My local MP is Ed Balls, the guy behind the Tax Credits system and even he has been unable to do very much to help. Probably will when Election comes around again though

 

Scousegeezer, thats completely the avenue I was thinking. I have originals of all my bank statements so can prove without a doubt that money transfers over to my ex on a monthly basis and even better is that the payment shows up as my daughters name so there can be no doubt what that payment is for.

 

My ex admitted she did not disclose to CSA that I was paying regular maintenance because she felt what she was getting was not enough. Likewise, she also neglected to tell them I have 2 children to support as my she feels my other daughter is no concern of hers. Something I do understand but also something that she should have disclosed.

 

I have spent another pointless day trying to speak to someone within CSA. They still refuse to do anything or listen to what I have to say without a reference number. On Monday I am going to start recording the calls and see what else I can do.

[scousegeezer]

Murbay,

How about a visit to the Police and make a report of deception - take your bank statements atc with you. They will prob tell you that it is a civil matter initially, but if you push it and tell the Police she has lied to the CSA then that is the deception side (the lies). Explain that she has lied to the CSA that you have not been paying on order to get extra money from you. The offence is complete. GOOD LUCK.

 

Vheers - Scousegeezer

[Hgirls]

Hi Murbay,

 

I wish my Ex was like you. After 8 years of being seperated hes never paid a penny towards his son!!! He claims he earns between £5 - £100 per week yet he lives in a 4 bed detached house, his and her bathrooms and en suits oh and drives a porche and is the director of his own business.

 

Come on, surely hes telling porkies to someone?

 

The CSA system has that many faults its unbelieveable, it just takes the pee out of people like you who are willing to pay and takes the pee out of people like me when they ask me to provide them with evidence of his lifestyle! Why can't they just get on to Inland Revenue and look at his P60's for the last 8 years and they check out his dividens.

 

I hope you get it sorted

 

Hgirls

[scousegeezer]

Murbay,

I have PM'd you some info.

 

Hope you find it useful

 

Cheers - Scousegeezer

[Dragon2020]

From what little i know of CSA which is run on a HMRC site.

 

Anyways some strong advice on here and if CSA is not willing to help you should you should start the ball rolling.

 

Contact the police and put a case of fraud against your ex. Seek some legal reprisentation.

 

You have proof of payments and this shows you how willing you have been. Make sure you strongly push forward that you no longer wish to do private arrangement and force CSA to do it.

 

If I am correct you can claim some sort of damage from your partner also if you were not receiving mail CSA should not have taken any action untill you received a letter and if theyknew where you worked a letter should have went there as all avenues should be taken to get contact.

 

CSA system is just poop and the people who work there are just as confused as many other people.

 

I my self would push this to its full extent and make an example of your ex as she has clearly decived you and the CSA agency.

 

I would follow all the advice given to you on this forum.

 

This type of situation can make you ill and loose your job due to stress.

 

You have been 100% upfront on you obligations to your child via payments etc and CSA know this as on countless occasions you ex has went to them and decided to reverse here decisions serveral times and in the most recent case fraudiently.

 

I hope everything works out for you and your ex should be made an example of .

[scousegeezer]

Murbay,

Any update as yet.

 

Cheers - Scousegeezer