Phone call from DWP about closing my CSA claim.

[LittleLunchFanClub]

They left a message asking me to ring them back regarding a letter on issue to me. I did so yesterday.

Basically, they told me that my CSA case will be closing and I have two choices. Did i want my case to transition to CMS or did i want to write of the debt (around a grand).

Now, I've had CSA case opened from when DD was born but payment has always been inconsistent due to my ex being between jobs and claiming to be self employed then claiming benefits etc. He had a deduction of earnings order for the times he was in employment. I'm not sure what happened but about three or four years ago i stopped receiving any money and didn't bother to chase it up.

I don't like the idea off writing of his debt. I'd be happy for them to try and get it from him. Even if he only has to pay the flat rate of £5 a week. It's the principle, I guess. However, I'm a bit worried about how the new service works. Can anybody help alleviate my fears?

I want to instantly go for the collected pay option. I'm happy to pay the £20 application fee and the 4% collection costs. There was abuse in the relationship and we have had no contact for over a decade. However, this abuse was never reported or documented. It's basically my word against his.

I'm concerned that they will try to get me to come to an arrangement with him directly first. Would that be the case?

What if they manage to find him and he chose one option (e.g. to pay directly into my account) but I chose another (e.g. for them to collect the money then transfer into my account) - whose choice would be honoured?

I believe it would be cheaper for him to pay me directly as there would be an additional 20% cost added on if the CMS need to collect it from him. Therefore, he would likely want to go for the cheaper option.

I don't want him having any of my details and would only agree to pursuing maintenance if CMS were the middle men.

Can anybody share their experience of this? Who choice for payment would be honoured if both parents choose different options?

Usually they will give the paying parent the choice if he does ask for direct pay. And then if he fails to pay they will automatically change it to collect and pay. However if you have evidence and enough to state to them why you want collect and pay then they will take this into consideration and make a decision.

I asked for collect and pay however have ended up with direct pay. And to be honest he has paid because he knew otherwise he would go to collect and pay and have to pay more on top or they could go to his employers.

They will ask you if it is possible to make a arrangement and just keep explaining no, saying why and explaining in each question why. This is all I did and they accepted I couldn't do a private arrangement and started the ball rolling for it.

Thank you very much for your reply.

I wonder if the fact that he had a previous deductions of earning order (CSA) against him because of his reluctance to pay would count as enough evidence (surely they'll be aware of his history from CSA - all the chasing they had to do?) to go right to collect and pay?

I'm determined now to pursue it anyway. Sure, it'll cost me £20 to set it up but I don't like the idea of writing off his debt (shocked that was an option - wouldn't the DWP want to pursue it?). It's very likely they'll just manage to claw £5 a week from him - if they find him - but, again, it's the principle of the matter. Thanks again.

I should imagine that will be enough for them to Agree with you to do collect and pay. Not sure how much correspondence happens between csa and cms. Probably not a great deal. I would definitely pursue it. He shouldn't get away with it. Suppose some people aren't that grateful to even receive £5 so it's a waste of a lot of time for them if they then reject that. Hope you get it sorted x

We transferred to cms about a year ago.
I asked for collect and pay because he's never been reliable at paying (wage arrestments in place etc).
They waived the £20 as I'd spoken to my health visitor about the abuse, they didn't ask for any details or anything, they were happy with taking my word for it.
We've ended up on direct pay though, as he's been paying regularly (through a wage arrestment) but they decided he could have a chance. To be fair, the maintenance has been paid in monthly on time every month, but the cms said if he was late with a single payment they'd transfer us to collect and pay.
Everything was done through cms, they sent me a form to pass details to him, I put my name and bank account details and nothing else.
It's been fairly straightforward and painless for us.