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A History of Hell. The Incompetent CSA. !!

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  1. Mick M
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    In Jan 2006 I split from my wife who had custody of my 3 children. My Children visited me twice per week. During this period I paid the mortgage on the house (where my wife and children were living) which equated to £342 per month.
    In Dec 2006 we divorced and our house was sold. The proceeds of which were approx £90,000.00 and then divided 55%-45% in her favour, I then paid maintenance to my ex wife by cheque each month as per the amounts assessed by the CSA online calculator which was agreed by both parties, £240/month.

    After a few months my wife didnt like the fact that my cheques were taking up to 7 days to clear (the banks fault not mine). She contacted the CSA and in April 2007 the CSA contacted me. Within 2 days I faxed my last 6 months payslips along with all contact details including, employers details, my address, NI number and house plus mobile phone numbers. The CSA advised me to carry on paying maintenance by cheque to my ex wife whilst calculations were being processed to avoid me having any arrears. This I did. Calculations were made within 6 weeks and I agreed to pay maintenance to my wife and children via the CSA through direct debit.

    However the CSA asked me for almost £400 arrears and i was issued with a Deduction of Earnings Order. I subsequently provided proof that I had paid maintenance during the calculation period (something my ex wife had neglected to tell them!).

    In May 2007 my eldest son (14 at the time) came to live with me. I subsequently contacted the offices of the Child Benifit Agency, The Tax Credits and the CSA. I was told the child benifit allowance and the tax credits I was entitled to could take a few weeks to sort. The CSA told me I could not claim for maintenance as I was not in receipt of Child Benifit I still had to pay the agreed maintenance on my 3 children to my ex wife.

    On reviewing the legislation I contacted the CSA and they agreed I did not need to be in reciept of child benifit to claim maintenance, over this 3 week period I lost maintenance that was owed to me.

    I subsequently paid by direct debit £178/mth to my 2 children living with my ex wife, she paid me £36 per month as my son lived with me. Totally agreeable with all parties.

    Things ran fine until June 2008 when I received a letter from the CSA stating my son did not live with me anymore. This was news to both me and him as he still occupied his bedroom 7 days per week !

    I contacted the CSA who claimed it was a computer error but there was nothing they could do about it a present. Fortunately and after numerous calls they accepted the error without me being penilised financially. I insisted on an apology and compensation for my phone calls and time taken to recolve the matter during this period. I later received a cheque for £25.

    However in Jan 2009 I received a payment schedule stating my maintenance had been reviewed and I had to immediately pay almost an extra £40 per month to my ex wife. I contacted the CSA and was told that thsi was another computer error and my payments should not have been reviewed or changed, however since the computer had issued this instruction there was nothing that could be done and I had to pay the extra money.

    Having reached the end of my tether a few months earlier this was finally the straw that almost broke the camels back. I refused to pay the extra and upon instructions from the CSA cancelled my direct debit and an agreement was reached to pay the correct ammount of £178 by debit card over the phone until the CSA rectified their mistake.

    In March 2009, with the situation still not resolved (despite my continuous payments by debit card and weekly calls to the CSA) I received a deduction of earnings order. I of course went almost ballistic and after a few weeks of constant complaining received an apology and cheque for £25 for my inconveniance (this paid towards the £40 of phones calls and 10 hours of my time taken to contact the CSA and resolve their mistake).

    Finally in Sept 2009 the CSA made a schedule of payments, the calculations of which were correct. I was to pay my ex approx £38 for the month of Oct 2009 and the approc £154 per month thereafter, her payments to me would not change.

    I was delighted, finally I thought this was it - no more unneccessary contact with the CSA. Hold on tnhough - my ex was not happy with the £38 for ten month of October 2009! As she had recently seperated from her husband of 10 months, then how could she afford to pay her mortgage!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    We agreed tom leave the CSA in Oct 2009 and now have a private agreement - great you think - yet I have still had letters from the CSA demanding payment (despite them confirming to all parties that we cancelled our obligations with the CSA !!!!!!)

    You may think this is the end of the matter - you are mistaken. I have the uttermost contempt for all employees of the CSA, they are in my opinion incompetent to say the least. They care only for their salary and have no remores for the scores, nay hundreds if not thousands of parents they neglet through their incompetance and inept attitude.

    You may think that this rant is from an irrate father unwilling to pay maintenace, how wrong you would be. I have no problem paying my ex wife via the CSA or to her directly. I have a problem with the way I was treated by incompetent staff of the CSA. From the top to the bottom level of staff, I would have no hesitation in consigning them to the queue of jobseekers at their local branch, safe in the knowledge that none of them would have the ability to work on a late night Hot Dog Stall!

    About time this dissection of the CSA came to an end you might think.
    Hell no, it gets better!

    In 2006 my new partner applied to the CSA for maintenance for her two girls aged 2 and 8. The claim was submitted in August 2006 yet the CSA took no action until I made an official complaint on my partners behalf in July 2008, despite numerous phone calls to the CSA between 2006 and 2008. Subsequently it was discovered the CSA never contacted my partners ex. In February 2009, the CSA admitted neglegence and paid my partner over £4000 for lost maintenance - this did not have to be reclaimed from the cildrens father as he was never contacted by the CSA over the request for maintenance. In essence this £4000 plus was paid to my partner from taxpayers money!

    It does not finish there. Despite my Partners ex having a Deduction of Earnings Order placed upon him and thus the monthly payments go to the CSA on th 16/17th of every month, my partner received late payments of these monies into her account from the CSA , sometimes of up to 2 months late. The CSA eventually admitted they had the monies in their account yet held on to them blaming computer errors and incorrect acount details. Worse of all proof was found that they deliberately lied as to the whereabouts of the monies on numerous occasions, basically they knew the monies were in their account yet they denied the monies were there.

    Over the last 3 years I have contacted the CSA offices at Falkirk, Bishop Aukland, Bolton, Longbenton (and possibly others that I am not aware of). The conclusions I have made are that every single member of staff at every singe office I have contacted are without doubt totally incapable of carrying out their duties and therfore their job.

    The CSA undoubtedley focus their attention the parents who are willing to pay maintenance through the approved system. I am aware of numerous absent "parents who have escaped the net" so to speak.

    In my own experience I am sure that I have been descriminated against by simply being a father, when I took custody of my children the CSA were most reluctant to listen to my greivences.

    To summerise - Over the last 3 years the CSA have made both mine and my partners life sheer hell. I only wish the CSA could become accountable to the public and a fair and transparent system set up between all neccessary.

    Yours

    Mick

    Posted 1 year ago #
  2. bry
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    thank's for that mick I know it took a lot of writing and you speak for me and so many more you would not believe so I hope it did let some stress out for you. OK I am way down this road and on the road to Europe now although just starting and yet unexplored! your MEP needs a coppy of the letter and have you mailed the papers? the CSA are trying to play down their image we need it in the lime light front page..Business as usual at the CSA!
    They play games mick but as already mentioned in some of my posts do not ever ever talk by phone honestly they will make your life even harder and I know you find that hard to believe but I have the TEESHIRT. So play the game get things in the machine, challenge them through the ICE., your MP/MEP ask for your archives which you are entitled, contact the Ombudsman but dont hold your breath all you are doing isd playing the game so try save some humour for their "sticking together" mentality. Afterall you are taking on a Government...the CSA is just a Quango for whoever is in power you fight one you fight them all. Get heard in the european courts, and I quote

    “Occasionally appeals tribunals and commissioners have found that the regulation that has been used to make a decision is not a regulation that has been made lawfully. In these situations, the regulation is said to be made ‘ultra vires.’ This translates as ‘beyond the scope of its powers.’
    The courts, child support commissioners and tribunals, as well as the CSA itself and JobCentre Plus are all under a duty to follow the law. In some cases, however, the domestic law may not be entirely compatible with European law. Decisions that are made contrary to European legislation are wrong in law. In practice, the law of the European Court of Human Rights is more likely to be applicable in child support cases than European Union law. In the case of EU law relating to the equality of men and women regarding social security matters, commissioners have determined that this does not apply in the realm of child maintenance issues.
    In terms of human rights law (ECHR), the domestic courts are required to interpret this in so far as is possible to do so. Courts, and child support commissioners, are not able to override the European law in order to ‘fit’ with the domestic law. If EU and UK law are found to be incompatible with one another, the courts can declare this incompatibility”.

    Posted 1 year ago #
  3. bry
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    not sure if you have time to read all the posts so will mention http://www.deadbeatdadsassociation.co.uk/

    looks like a good idea and we need more pressure groups, I joined Father for justice but they have been leaned on from great heights so gone quiet

    Posted 1 year ago #
  4. Mick M
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    Thanks Bry for your comments.

    I made a complaint 2 weeks ago on my partners behalf in writing. She claimed bank charges of £45 that been made against her purely because the CSA didnt pay her maintenance into her acount, as well as over £23 (over 5 hours of talk time) in phone call charges she made to the CSA requesting the missing payments.

    The complaint consisted of a 5 page letter, delivered by Royal Mail, Special Delivery. the letter outlined the CSA Standard Client Charter and the points on which the CSA had failed (stating examples). Copies of Bank Statements and the charges occured as well as the itemised phone bill were included in the letter. I also sent copies to my MP, Mr Dennis Murphy.

    2 days after the letter was sent the CSA responded by phone stating they had recieved a complaint from our MP, Dennis Murphy. The Falkirk office was looking into the complaint - no acknowledgement of our letter even though it was sent by Special Delivery and the CSA had signed for it (according to the Royal Mail website!).

    On 10/3/10 My partner recieved 3 calls from the CSA, one stating another phone call had been made by our MP, one stating they didnt have a copy of our complaint and the final one acknowledging our complaint, having recieved the letter. The firt 2 calls stated the CSA probably coudnt repay any costs we had occured. The final call talked about compensation - full bank charges and cost of calls repaid (as requested by our MP) and compensation - to be decided- whatever that may mean.

    My partner expressed concerns that the CSA have still not rectified the problem of missing or late payments despite them knowing of the problem - apparentely this issue is to be addressed as well !!!!!

    We shall not hold our breath !! I will update everyone with our progress.

    Yours Mick

    Posted 1 year ago #

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