Can the CSA freeze a bank account?

January 16, 2013

My partner who was previously self employed after a period of unemployment for 6 months has the CSA on our backs again. He had to end self employment at the beginning of December as wasn’t making any money at it. Thankfully he just started working but doesn’t receive his first wage until 11th of Jan.

The CSA rang today and demanded payment of arrears and threatened to freeze his bank account. We had 8 quid in the account is which they took but do they have the right to freeze an account which is also in my name and my wages go into that account?

I am livid as we are practically surviving off nothing as it is and they have the right to freeze my/his bank account?

Comments

  • Alice says:

    The CSA cannot freeze a bank account- they an however issue a Deduction Order and have the bank remove funds from an NRP’s account if the NRP does not pay their Child Maintenance, this is usually only done with NRPs who have refused to pay and the CSA have tried other methods to collect the maintenance owed. If an NRP is employed a DEO and refuses to set up a direct debit the next step would be the CSA imposing a DEO.

    If your partner has CM to pay he can arrange to set up a direct debit or a deduction of earnings order (where it is taken out of his wages by his employer and paid to the agency on his behalf).

  • Frances Drew says:

    We were told that they could freeze a bank account, you could still use it but wouldn’t be able to close it. A friend had exactly that happen to him, it has since been sorted out but it was a difficult process. Even the bank told him there was nothing they could do once the CSA had frozen it!

    We have been in dispute over payments since May 2012 as my partners ex claims he either hadn’t paid at all, or didn’t pay her enough over the last few years. It appears she’s forgotten that payments we made to her were made through my bank acc so we have an audit trail. Which we sent to the CSA in Aug last year.

    I won’t let my partner have a bank account for fear the CSA will try to take money even though we’ve overpaid his ex by at least £1000 and still no-one will return my calls regarding this matter!!

  • Alice says:

    Frances Drew – was your partner’s case on Maintenance Direct or was it set for the Agency to collect the maintenance? If he has paid his ex via your account what was the reference on the payments?

  • chall says:

    Mhairi,

    Since 03/08/09 the agency have been able to use Deduction Orders to take money for CS arrears directly from a NRP’s bank or building society account(s).

    A lump sum order enables the CSA to instruct a deposit taker to secure (freeze) a NRP’s account up to the value of the order.
    Once funds have been secured, a copy of the order is served on the NRP. Both the deposit taker and the NRP have 14 days from the date the order was served to make representations to the CSA.

    The CSA should ensure that the amount deducted from a joint account does not exceed a fair amount, given all the circumstances, especially the amounts contributed to the account by each of the account holders.

    Your OH should be proactive with the CSA, they will not just go away.

    chall

  • chall says:

    Frances,

    Were the CSA actually involved during the period for which his ex bemoans short falls in/non payments?

    chall

  • Simon Hughes MP - UK FAMILY MINISTER says:

    The DWP’s Child Support Agency
    should most certainly not be hacking bank accounts
    belonging to members of the general public
    in order to remove savings from fathers for the maintenance
    of children they have never been free to father.,

    The Child Support Agencies oppressive conduct is plainly a criminal offence
    and I am sure in the not too distant future the victims
    whose bank accounts have been raided by the DWP’s
    Child Support staff will be jailed for bank theft
    and abuse of the process.

    For any democratic country to be
    taking monies under any circumstances
    from the bank accounts of fathers is clearly
    a criminal office of the highest offending level.

    Such conduct is clearly a criminal offence
    and will require urgent Parliamentary inquiries
    to be made as to why so many millions of English men
    are not seeing their children and then having their
    bank accounts plundered by the state.

    The Child Support system is wide open to abuse, where to
    stay in work Child Support Agency staff are removing
    billions of pounds from bank customers / separated fathers, simply
    because they are English fathers in addition to being denied all human
    rights to enjoy the freedom to be with their own children.

    The governments attacks on UK fathers from the Child Support
    Agency is a form of state funded terrorism?

    Those working at the Child Support Agency must be prosecuted for the theft
    of British savers own money that does not belong to anyone else
    but the father.

    The government funding the Child Support Agency
    and other government agencies to steal savings from separated fathers
    who have never even met the children they are being asked to provide
    for is plainly why German men have the morale to win The 2014 FIFA World Cup
    and English men remain the laughing stock of sporting excellence?

  • Chris Goode says:

    I have my ISA savings account frozen by the banks because CMS have applied for a deduction order of arrears, ive appealed and sent a complaint and obviously asked twice for my ISA savings account back but they wont 17days ago!!

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