CSA Complaint to Rt Hon Iain Duncan Smith MP

my letter to the CSA also details have gone to Rt Hon Iain Duncan Smith, head of social justice, we need a voice and if that means becoming infamous to get air time then we need to act as one voice.
This miss management must stop…

Rt Hon Iain Duncan Smith MP
The Centre for Social Justice
9 Westminster Palace Gardens
Artillery Row
London
SW1P 1RL

Sir,

I have a query about social justice under the labour government.

My issue is with the Child Support Agency and how they run their business and assess people who are liable for paying.

I left the forces in 1993 after my wife and son left me whilst I was serving abroad, I returned to the UK.

My son turned 19 in December 2008 up until then I had been paying the CSA monthly by direct debit, they did not inform me that they had stopped collecting the Direct Debits on this date and then I got a letter to say I had to pay arrears of £29000 and that a liability order was in place. I called them and enquired about the arrears and they told me I had been assessed to pay £103 per week over a period of years when my actual income was only £125 per week. As the CSA is a part of the DWP surely they could check my income during those years and sort out if there should be any arrears or indeed if I have paid too much and they owe me. I told them I would attend the court hearing and agreed to pay all I could, there was nearly £300 of uncollected CSA debits still in my DD account which I paid them over the phone and £257 which was all the saving I had. I also asked why they had stopped collecting and was told I had no further liability, I also have this in writing. I was advised by the CSA not to go to the court hearing because I had made a payment so the bailiffs would not be called. I asked if the Direct Debit would be set up again and they said they would send me the documents.

I sent in my new bank details and wrote the monthly amount on the top of the mandate. I took a digital picture of the mandate before posting it. The CSA then tried to collect almost 7 x the amount I had been paying from my old DD account but my funds where really low and it got bounced I then incurred charges from my bank, they then actioned my new account details the following month and took out the 7 x amount, which left me without food money for almost 3 weeks. I have now got a letter demanding I pay £9000+ immediately or the bailiffs will be here in a week. I live in rented furnished accommodation pay my bills on time and work hard. I spoke to a lady called Adele from the CSA on tel # 08457136590 and requested a face to face meeting to asses my case, this is the second time I requested a face to face to discuss why I have arrears. I told her that I have had to cancel the DD instruction because if they tried to collect next month I would not be able to meet my rent and other financial commitments and possibly lose my job, Adele also said she would speak to Marston Group High Court Enforcement Officers to let them know that a DD instruction had been received before the court hearing in my absence and not to enforce the visit until a review of my case. As you can imagine I do not have much faith in what they say or do in carrying out their action. I think they would fail an external audit. I have all the documents on file for my case under the Data Protection Act, all I am after is a fair assessment, can you help?

I have contact the CSA legal advice line via Durham Legal services UK ltd.

To date 28/10/2009 I am still waiting for CSA to contact me for the face to face visit I requested with my case officer, again they have not followed through on the agreed action from my previous phone call.

This morning a bailiff came to my door as I was leaving for work, what are my options from the Centre for Social Justice before I approach the media, watchdog and start of court actions to get a fair review of my case. I look forward to hearing from you and or your office. This has put me under a great deal of stress I cannot see any way forward as I make just about enough to cover my living costs.

If the courts decide to deduct straight from my wage I will then not be able to afford to pay rent lose my job and become another statistic reliant on the state to pay for me.

Why wont they talk to us?

CSA
Parklands
Callendar Business Park
Callendar Road
Falkirk
FK1 1XT

Dear Sir,

I feel you and your colleagues have let me down again, I have always been open, honest and responsive to your requests and letters but I find your department has misguided me. From the date you stopped collecting the direct debits it took you 4 months to notify me. In the letter is says: (Dear Mr Riley We have received a letter from Mrs Jxxxxxxx Riley requesting the withdrawal of their appeal. We can confirm the appeal will not go ahead and the other parties to the appeal have been notified of this.) dated 14/04/09 from Miss R Ratcliffe from your Preston Office.

When I last spoke to your department in Falkirk, in response to the letter referring to court action. I paid all the money I had, including all my saving by debit card over the phone. I was advised by you not to attend the court hearing as the judge would not listen to my circumstances and that because I had made a payment and agreed to set up the Direct Debit again for the original amount set at my face to face visit with my case officer there would be no further action.

I received the Direct Debit mandate which I set up and highlighted the payments to be made.

(Scanned copy attached)

Your department then actioned the Direct Debit through the old account details where there was not enough money to pay it because I had already handed over all of my funds. I then incurred bank charges which means I am now in the red with the account. Also the agreed sum on the Direct Debit had been changed to the sum of circa £377. The following month you collected the Direct Debit from the new account details which were on the Direct Debit that I sent you. Again you took 7 x the amount agreed. This left me in a situation where I could not afford food and just managed to pay my rent. I had to advise you during another call to your offices that if you tried to collect the same amount next month then I would not have funds enough to pay and if I could not afford my rent I would be out of work. At this stage I asked if I could have another face to face visit with a case officer, which you agreed I could have. To date you have not responded to my request by phone or mail and instead because I could not honour the amount you where trying to take I had the Bailiffs knocking on my door yesterday.

This is causing me a great deal of stress to the point of almost nervous breakdown instead of working I am trying to sort out a reasonable conclusion to these issues.

I am now getting legal advice through Durham Legal Services UK Ltd.

Some questions I need answering before we end up in court, note this time I will not be taking your word at face value as you are either un willing or unable to follow through on your verbal agreements.
Have I ever had an interim maintenance assessment (IMA) if so please supply all dates my legal advice has also asked me to find out when it was converted and what was the interim date?

Also I would like a judicial review for the statutory of limitations, please supply details of who the arrears are owed to and could I get a copy of the form N245.