CSA has miscalculated my payments, what can I do?
From a period of unemployent where the csa was taking a minimum deduction of £5 per week from my benefits, I decided to return to self employment. As an incentive and assistance to developing my own business I received a start up increase of weekly payments for a period of something like 13 weeks.
During this period of starting up self employment, I was in communication with my ex wife who consistently complained that she needed money and had not received any money via the CSA even when ~I was on unemployment benefit. Obviously I listened and thought that I should help and give what I can to assist with my 2 children.
Any payments made direct to her only confused the CSA. I was wrongly under the impression that ‘we’ were going to arrange maintenance between ourselves. After much confusion, delay, and correspondence I came round to actually wanting the CSA to mediate and be the middle man collecting payments. I had enough of the over exageration from my ex wife, the bad mouthing and involvement of my children stating that I owed Mum money etc.
My problem that just will not go away is that the CSA have said that when i went self employed and received the start up grant, the onus was on me to inform them of the benefit stopping. I maintain that I was unaware and did not see that I needed to inform them of anything as I had never made a payment through them and therefore I did not accept their control over the case. Why should I inform them of a payment given to me to assist in me securing the creation of my own livelihood, when I was in communication with my ex and making payments direct to her ?
The CSA charged me for an extra month past the start up benefit. I eventually gave up swallowing the dross from my ex and agreed to using the CSA as collectors once they amended the account or gave me a break down of figures showing my calculations to be wrong!
9 months late and not a word, until I send them a letter telling of a change of circumstances. My 12 yr old son had come to stay with me, I found a school for him, and Child Tax credits etc are in the process of being swapped to me.
Where does this leave me ?
CSA are now demanding my end of year accounts by 25th May. I am not required to submit to Inland Rev until Oct by post or December electronically. Why should I go out of my way and jump for them ?
They have never given me a breakdown of figures on the account that I have asked for constantly over the last year.
I have emails from my ex where she pretty much admits that seeing as we have responsibility for a child each, we may as well forget maintenance.
What is the legal position for our current situation ? Could I still be required to make maintenance payments or indeed should I be spiteful and make a claim for maintenance from her ?
I still receive working tax credits, whereas she is receiving a wage and is on PAYE.
Since Sept 10, I have made regular payments to the CSA. None of this money has been directed through to my ex wife. I believe it is due our disagreement over figures and their computer system will not allow the release of funds if they do not balance according to ‘their’ calculations.
I have agreed that I owe, but it is the amount and their calculations that is at fault. I have insisted that all my payments are for the ongoing period and are not to be taken as a payment for any so called outstanding balance.
I would appreciate direction on what to do next ? Do I stop making payments to the CSA ? Do I put in a claim against my ex wife ? Can I refuse to supply any further financial details until they resolve the figures for last year ?
Thanks in advance
Linus
3 thoughts on “CSA has miscalculated my payments, what can I do?”
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It appears to me that the CSA can ‘botch’ your payments up and then have the darn cheek to demand accounts from you asap!
First of all do not trust the CSA staff, they are totally untrustworthy and incompetent beyond belief. (I speak with 11 years of first hand experience).
I am by no means an expert, but if it were me I would inform them, that you will submitt your accounts once they have been audited by the Inland revenue. However, be careful as they can look into your bank accounts and transactions!
My ex abandoned a child that I have raised by myself and kidnapped two of the childen. She is intransigent and would not negotiate. She put the CSA on to me, so I counter claimed. Unfortunately, that’s the game!
I would also seriously consider putting in a complaint to the Independent Case Examiners office now, regarding maladministration on the CSA’s part, as this is the only way of ensuring that the CSA do not scam you. I would also cease phone contact with them and ask for everything in writing as evidence.
I repeat do not trust them! If they threaten you or start to hound and harass you, when you are trying to comply, go yo see your M.P. and ask for their assistance!
Linus, you say that your son has come to stay with you. Do you mean that he now lives with you and has contact with his mother? Or, what is the arrangement. This could be the key to the whole maintenance and CSA saga. If he is living with you, then you should be telling them of the change of circumstances and the date that he came to live with you, and that you want maintenance from her.
This would then make it a new case under the new legislation. You can then seek to sort out the mess of all the old stuff. If you had a start up grant, then that is not income and the CSA cannot touch you for it. They may try, but you must stand firm. Similarly, you have gone self employed and have not received a salary during your first year, now have you. And you will be presenting you accounts to the Tax Office when you do your on-line return in Dec/Jan.
The likelihood that the £5 per week they took when you were on Job Seekers probably never reached your ex as they only started handing the money over as from March 2008 and it was only March 2010 that they were allowed to keep it all.
The first thing that you have to do is write off for a copy of your file under the data protection act to the CSA in Longbenton and ask for copies of all computer and clerical records. Ask for the computer log to be properly dated and enclose a £10 postal order (not cheque). Quote your NI number. This you need to get thru so that you can see what has actually happened over the years and see if and when they say they contacted you.
It is likely that you will have to take your case to ICE (Independent Case Examiner), Parliamentary Ombudsman (via your MP), and/or a Judicial Review.
They are also avoiding the 6 year rule by seizing money directly from your salary whereas the moment the case is got into Court they would be limited to going back to July 2000.
However the key to your problems is to keep your son and put in a claim for maintenance via the CSA.
Come join us on CsaHellHelp on Facebook.
Good luck, you’re going to need it.
I’m doing my own calculations as well. Yes you need to request your file under data protection. Peter what’s 6 year rule?