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Legal matters

Maintenance Direct - CSA refuse to collect

5 replies

stickymits · 01/11/2013 10:55

Hi
For a 9 month period Exh paid his maintenance to me direct. This only happened because he had moved jobs and the csa were previously collecting his maintence form his wages. They couldnt do this when he moved jobs (as they needed to reassess and told me it would be no less then 12 weeks before this would happen) and advised me to accept his payments direct into my bank account. I did ask at the time what would hapeen if he didnt pay (as he had form of not paying) and i was informed the csa could still enforce none payments.
He underpayed and eventually stopped paying. I kept the csa up to date on all this. I have now been told the csa cant collect what they call 'maintenance direct' payments.
I am stunned. I wouldnt have accepted these payments if I had known this. Is this true and if so how can i collect the outstanding amount owed?
Thanks

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Collaborate · 02/11/2013 04:23

Never heard of this at all. There is no mechanism for you to enforce it, so if they don't do it for you they are denying you an effective remedy.

What precisely do they say the status is of the maintenance assessment?

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stickymits · 03/11/2013 09:09

Hi
The status at the moment is that the CSA are collating the arrears owed by the NRP. There is still a 'live' case and has been for the last 5 years. The CSA has always collected the monthly payments and still do. As I explained - it was due to a 'change in circumstances' ie the NRP changed employers that I was advised to accept payments direct into my bank account. As I envisaged, the NRP underpaid and eventually stopped paying. The CSA say the period I was paid direct was a voluntary arrangement between me and the NRP - which I contest as I never had a conversation with the NRP. I and the NRP were both told what to do by the CSA.

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rubin · 03/11/2013 09:44

Hi Stickymits,

What has been happening to the arrears that the CSA has been collecting on your behalf? Is it not being passed on to you?

My experience with the CSA is, despite the hardship of it all, never ever let it lie, keep writing to them & demanding a full & proper answer to your queries. Keep making sure you are top of their paper pile. It has worked for me in order to get a reassessment pushed along. For a while, I was writing to them every 3 wks.

My situation is that my children's father is appealing the CSA calculation & we're heading to a 2nd hearing (1st tribunal adjourned due to missing information from CSA). Long story cut short, the CSA have lost the missing evidence ... I have already written to the courts revealing my conversation with the CSA & their admission to the lost evidence. The whole scenario is still ongoing but I'm not letting it lie & won't until I get justice.

Best of luck.

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stickymits · 03/11/2013 18:29

Hi Rubin
I'm not surprised with your situation. I even have one department of the CSA saying they can collect the arrears for that period and the finance department saying they can't. However, I can't get them to speak to each other!
Due to an Ex who hates paying a penny for his kids I have battled all along so I'm no stranger to the CSA and their 'procedures'. I know I'm in for a long drawn out process.
Thanks

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stickymits · 03/11/2013 18:33

Sorry - re arrears - Because he kept claiming a 'change of circumstance' AND then went to a tribunal AND many other disagreements with the CSA calculations, the CSA have never got chance to calculate the arrears. They still haven't got a true figure due to this situation.

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