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CSA deductions from JSA

Whilst together, my ex tried to get a loan to pay off some debts she had with catalogues and due to her spending we also had rent arrears and some utility arrears. She was unable to due to bad credit history and so Welcome Finance offered it to me and got my ex to co-sign. Some months later, and after years of dictating and manipulation, I finally couldn’t take any more and my ex agreed the relationship was coming to an end, we planned ahead and decided if it was over then we would remain living together for our three children’s benefit, but not as a couple. We spoke of finances, and though the loan was mostly for her, I offered to pay half. We finally split a few months later and we continued living together for about a year. She tried to reconcile a few times but I was clear it was over. All was going okay until December 2007.

She asked me to stay at a friends house for a couple of nights as she was finding it hard. I was then asked to return Christmas Eve as she wanted me there for the children. I did of course, as I wanted to be with my kids at Christmas. Then came the day after Boxing Day and she had invited her parents over. She sent me shopping to buy a load of groceries and upon my return she asked me to leave, saying it would feel weird. And said for me to return the next day. I reluctantly did as asked.

When I returned she said I could return home if we get back together. I said it had been over a long time and I am not going to get back with her. She then illegally evicted me. The local housing association and council would not help me but said I had ever right to live there as joint tenant. But each time I went round, she called the Police and they threatened to arrest me if I did not leave. I later found out I was listed as the victim!!! My ex had also cleared our joint account of my wages and benefits that were paid into the account by spending the money. This sent the account into debt of over £500.

The bank said they couldn’t do anything despite my argument that it was a current account and they allowed her to continue going overdrawn! They said if she would sign-off the account they would set up an overdraft facility to cover the overdraw and the charges I’d be lumbered with! She signed off and I was left with all the charges and an account which was now permitted to be over £500 overdrawn! My ex agreed again to pay half the loan. I was working part-time earning little above minimum wage and so, for child maintenance I said I would reduce her payment to half.

So I would pay three quarters. She made two payments, got a new boyfriend and refused to pay anything else. I spoke to my bank and they bought out the loan, reducing the payments. I still had belongings at the house which her and her ex stole to sell, destroy and threw in to the garden not under shelter. when they split she said she would pay for my loss, but did not. Then the council contact me to say there was an overpayment of housing benefit and I had to pay it back. I asked about dates and deduced that my ex had intercepted my mail from the council concerning producing my wage slips fraudulently put in a claim whilst I was still living there.

The council did not care, they said they were still recovering the money from me! Then later on (still in 2008) I get a call from the CSA to say I have to make payments, I explain that I am in serious debt because of my ex and that I am paying the loan that she refused to pay though had agreed to. They said they would advise her to drop the case. They called back ten minutes later to say she has dropped it as they said it was in her interest to do so as I was still working part-time and paying everything else.

My ex did not ask for money again until she got another new boyfriend! By this point I was not working, I was very ill with the effects of stress and kept collapsing! I began recovering and low and behold, she contacted the CSA last October… Around the time she found out she was pregnant and planned to marry her partner. She dropped comments that she needed money for the wedding. I only recently found out she was pregnant and the CSA have only just contacted me to say they have already made arrangements for deductions and the first deduction was due the day after I received their letter! I think this unfair… I feel they should give me notice as my benefit is all I have to live on and nearly half pays off her debts! And when I called to explain this they said they couldn’t do anything other than send a form… I’m still waiting over a week later!

My ex recently asked for proof that I am still paying the loan off, I provided this last week, along with the overdraft details and proof of how much she went overdrawn. She took the paperwork and asked to look it over. Later on she handed it back and her attitude changed, she said “Well what do You want me to do about it?” another words, sod off! And her boyfriend came sticking his bit in again and demanding money… All in front of my children! So now I am left wondering… Can I take her to court over the loan and overdraft or have the CSA use it to reduce payments? And Can I have something in place to prevent her boyfriend from coming out and having a go in front of my children?

Also, why do the CSA not take into account, NRP’s actual living expenses like rent? Because my ex illegally evicted me and the Police would not help, but threatened to arrest me if I went back, I had to rent privately. This is because the council and housing association would not re-house me. So I also have to pay higher rent!

How is this all fair?

She gets her combined benefits plus her partners full-time wage, he has more say on my kids and preference during holidays and she will receive a large portion of my wages when I return to work! yet I’m treated like dirt by everyone… Now the government want to kick me whilst I’m down! It’s starting to look like I’d be better off unemployed! I wouldn’t mind if she took proper care of the children, they always smell and she doesn’t clean the headlice out of their hair! Social Services were a great help…

They phoned the health visitor who she had not seen regularly and telephoned my ex direct and from this were satisfied all was fine!!!

One thought on “CSA deductions from JSA

  1. Jamie,

    The agency can take into account some types of prior debt resulting from the relationship. You would need to apply for a variation.

    Special expenses—prior debts

    12.—(1) Subject to the following paragraphs of this regulation and regulation 15, the repayment of debts to which paragraph (2) applies shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act where those debts were incurred—

    (a)before the non-resident parent became a non-resident parent in relation to the qualifying child; and
    (b)at the time when the non-resident parent and the person with care in relation to the child referred to in sub-paragraph (a) were a couple.
    (2) This paragraph applies to debts incurred—

    (a)for the joint benefit of the non-resident parent and the person with care;
    (b)for the benefit of the person with care where the non-resident parent remains legally liable to repay the whole or part of the debt;
    (c)for the benefit of any person who is not a child but who at the time the debt was incurred—
    (i)was a child;
    (ii)lived with the non-resident parent and the person with care; and
    (iii)of whom the non-resident parent or the person with care is the parent, or both are the parents;
    (d)for the benefit of the qualifying child referred to in paragraph (1); or
    (e)for the benefit of any child, other than the qualifying child referred to in paragraph (1), who, at the time the debt was incurred—
    (i)lived with the non-resident parent and the person with care; and
    (ii)of whom the person with care is the parent.

    chall ~ afairercsaforall

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