CSA Falkirk told me ‘the CSA can do want they want’

Well where the hell do I start!!!

I was contacted in June this year by a lady called Lynne from the CSA in Falkirk stating that a claim for child maintenance had been made by my ex-partner and that they wanted to make an assessment based on my earnings as to what I should be paying for my 2 children.

During my discussion with Lynne she stated that there had been 2 previous claims for Child Maintenance made by Louise, one in 1999 and another in 2005, both of which had been “Nulled”, in her words. My question to her at this point was how could there have been a claim made in 1999 when I was still living with my ex until October of 2001. Lynne could not answer that question and from advice that I received I would have had to of signed a document from the CSA back in 1999, something that I know I definitely did not do as I was still with her. I have been told that there is a C20 file that the CSA will have on me and it will hold signatures. I would like to see this file because if there is a signature on that file there has been an incident fraud.

On top of this I have been told that my assessment will be made on the “Old Rules” due to the claim from 1999. If my claim from 1999 has been “Nulled” and I know this claim is fraudulent, then I should be assessed on the “New Rules”. The CSA are refusing to move on this matter and this is when they started bullying tactics at one point Lynne shouted that “I am living in a dream world and that the CSA can do what they want”. I stated that I would be seeking further advice before any payments would be made. I do have doubts as to the paternity of my youngest and when I asked the CSA for the right to a paternity test they refused stating that I would have to prove that I was either out of the country or in prison at the time of conception. I find this to be absolutely deplorable. It seems that it is me who has to be providing all the evidence and they are just taking what she is saying as gospel. When I said to Lynne that I was still with her until 2001 and my youngest was not born until 2000, she said that my ex had said that it was just a “fling”. Well if it was just a “fling”, why have I been refused a paternity test?

This has angered me somewhat as the house that we lived in was originally in my sole name. When the children were born; my ex raised the issue that she did not feel secure with the home being in my sole name and wanted her name on it to give her added security. To reassure her of our relationship and to make her feel secure, I spoke with my Housing Officer from Fife Council, and had the house signed over to her name in 1998. After looking into this, this is where I believe the claim in 1999 came from and if this is true then there has been a case of benefit fraud by my ex as I worked and had no idea that she was claiming benefits.

The CSA are not willing to listen to any part of my story and said that they are going ahead with an assessment whether I like it or not. I want to pay for my children, I have even tried to set up a private “Family Agreement” of £300 per month but my ex has said that she is going to “rinse” me for what she can. How can this be fair? I earn an average of £1630 per month and now the CSA are stating that I have to pay £620 per month. I cannot physically afford this amount of money and it does not cost that amount to bring up my children, especially when she works and her partner also works.

My monthly outgoings amount to £1450 per month, but I can trim that down so that I can afford the £300 that I have offered. They have not taken into consideration any of the costs that I have to pay in order to live, not in luxury but just day to day. I am already living close to my limit and the CSA taking that amount of money means that I either have to come out of work and I have worked extremely hard to get where I am today and in today’s financial climate or I risk losing my home and join the ever increasing “Dole” queue, again how can this be fair and how is this the best for my children especially when I have tried to come to a private agreement and told her what I can afford.

It seems to me that the CSA are on a “Witch Hunt” for all NRP’s (Non Resident Parents), but I thought the CSA were brought about to get NRP’s that did not pay. I had no choice than to leave my ex when she started a relationship with my Sister for 3 years, giving up the home that we had lived in for 6 years together and leaving me homeless for 6 months. It is not as if I ran away and left my children and now I am being punished for starting a new life with my current family.

This is causing so much heartache and stress within my new family and has driven me to thoughts of suicide, which I have had to seek medical intervention over. I am being prescribed Setraline Antidepressants and I am currently visiting a Psychologist to help me deal with the depression. I have been in the internet and seen so many heart-breaking stories of families that have lost loved ones due to the tactics employed by the CSA and to know that this is a Government run department that is causing all of this, something needs to be done. I am even contemplating taking this to the European Court of Human Rights as I believe that that my human rights are being contravened.

Every case should be tailored to the children’s requirements and the financial soundness of the NRP.

To my disbelief, I have now found out that the CSA had already contacted my employer, and made enquiries into my earnings which were found to be false. They had made an assessment based on me earning £32,000 per year when I earn £27,000. When I questioned Lynne about this she said that this is what my employer said that I had earned for the tax year 2011/2012. On this point I believe that these details should not have been released without my prior permission and believe that this is a breach of the Data Protection Act.

At no point have I been approached and asked for my permission for this information to be released to the CSA. I advised Lynne that I would get my P60 from 2011/12 and my subsequent wage slips from May this year to present day so that she could make a more accurate assessment. She said that she has done the new assessment and there is no change, how can this be?

The CSA have also arranged for a DEO (Detachment of Earnings) to be made against my salary without giving me the opportunity to pay by Direct Debit, again I believe this is illegal and an act of fraud/theft as I have not gave my authorisation to speak with my employer about my case. I did not want my employer knowing about this, but now I am in a position where they do and are now asking questions of me, this in turn is adding to my stress and depression.

I spoke with my ex once again on the 02nd November 2012 to arrange the “Family Agreement” which failed and she advised me that she has copies of all my personal data and salary details sent to her from the CSA, this is definitely a breach of Data Protection and would like you to advise me on my rights to prosecute under that law.

I have now had to take up a second role within my company in order to keep my head above water, but when the next assessment is done it will show that I am earning even more so the CSA will take even more, it is a never ending vicious circle which will inevitably end up with me on the dole or dead. I need some proper advice and people to contcat me in order to get the law looked at and changed for the benefit of all NRP’s and their Children, if we make enough noise the government have to listen. Can any one advise?