CSA mess up, who can help?

[skookum]

Basically I had a period of unemployment and started work 18th May (Sunday).

 

I called the CSA on Monday 19th and informed them of a change in circumstance. At the time I was on a zero hours contract so didn't have guaranteed hours. I soon got 40 hours per week and informed them all the way of the changes.

 

I calculated an average over a month of 15% of my salary and paid every week from my first pay packet.

 

Basically they sent me a letter saying I was in arrears as I had not paid for the weeks commencing the 7th May. I explained to them I didn't start work until the 19th but wouldn't have any of it. They even said they had reason to believe I had worked cash in hand as my bank statements didn't back up their claims.

 

I thought this would be easy to sort out so I called the DWP who confirmed my claim didn't stop till the Friday 16th. I asked for a letter to confirm this and then made the School boy error of saying why I needed it.

 

Immediately I was put on hold and the lady returned to me saying she couldn't confirm when my claim stopped. I was baffled as she had just read it all out to me. It seems my entire file was lost as they no longer had my address, bank details or contact numbers.

 

I was left with being told they would investigate why they could not get my information up. A letter will be sent confirming when my claim stopped but they could not tell me over the phone when that was.

 

I feel I am being really stitched up. The CSA take nothing I say or the evidence I give. They just take my ex's verbal claims as gospel. The CSA even want £37 out of a pay packet of £42 I got for an afternoons trial.

 

Is there anyone I can take this too?

[goodatresearch]

If you worked cash in hand as they allege, what can they point to that is suspicous in your bank statements?

[skookum]

Well that is there get out. Because my bank statements back up my version which I was broke and only receiving JSA. They causally turned round and said 'it isn't showing in your bank because you probably got paid cash in hand'.

 

I am at my wits end. I am not being tight I don't get much more than minimum wage. I am struggling to make ends meet as it is and they are demanding this payment which I simply cannot pay and don't even owe.

[goodatresearch]

When my daughter argued her ex worked cash in hand the CSA told her she'd have to provide concrete evidence.

 

Ask them what actual evidence they have and put in a complaint (they should have a complaints procedure).

 

Even if you provided DWP evidence, they'd still try to argue cash in hand without evidence. This is clearly unfair.

 

As for the DWP, you usually send letters with regards when claim has stopped. Doubt this is a conspiracy, just incompetence. Write a letter of complaint to them also.

[antone]

Possibly worth contacting your MP on this. The CSA can't legally assume that you worked cash in hand simply because your doing so wouldn't actually violate the laws of physics. If they want to suggest that you have undocumented income (and to base their assessment of your liability on this supposed fact) then they can't just say "well, it's possible." They need to have some evidence.

 

As to the DWP not confirming when your claim stopped, goodatresearch is probably correct: it's not likely a conspiracy. However, don't take no for an answer, as it's really not that difficult for a benefit processor to write such a letter. I used to write them all the time.

[skookum]

Just had a further conversation with them.

 

They have concluded their investigation and find I owe arrears of £181.

 

They have broken them down as £50 for the alleged cash in hand work I never did. £30 for the short full in payments from 14/04 to date as the original assessment was wrong.

 

The final one is a short full in payments whilst I spent 20 weeks on JSA. During those 20 weeks I had the money taken straight from my benefit which a call just now with the DWP has confirmed was done.

 

I phoned them back and said I understand the short full from the 14/04 but the rest is nonsense.

 

I have been given till the end of the month to pay this amount before legal proceedings will be considered and maybe a deduction of earnings.

 

I have no idea what to do now and i don't have the money. The council left me in over a £1000 of rent and council tax arrears which still are not sorted.

 

Going back to work has roughly left me in £1400 of debt (rent, council tax, DWP Loan, CSA). Even though I paid eveyt hing in full from the first weeks pay check up till this date.

 

My landlord and Council are demanding so much a week to cover these arrears I am now working for after travel costs -£15 a week which my retired parents are supporting.

[goodatresearch]

Surely your entitled to a copy of the evidence of the cash in hand? Wouldnt they need proper evidence if they take legal action? Have you talked to your ex about this, are they just taking her word for this or is she stating its hasn't come from her?

[skookum]

Surely your entitled to a copy of the evidence of the cash in hand? Wouldnt they need proper evidence if they take legal action? Have you talked to your ex about this, are they just taking her word for this or is she stating its hasn't come from her?

 

She is a very bitter person even though we split up 6 years ago. She is very close to my mother and told her some cock and bull story she thought I was paying too much.

 

The reality is she wants more, a lot more. My retired parents look after our child every other weekend and all the school holidays for nothing. I pay them what I can when i can but I even end up taking from them.

 

I just phoned the CSA and offered them top whack what I can pay week, about £10 more than my regular weekly payment. They have rejected it and will write to me in due course.

 

In all honesty it is making me ill now. I work nights and now spend the whole day I should be sleeping trying to sort out all these problems. I am back on meds again from my GP and fear I am going to relapse into depression and anxiety that cost me my last job.

[goodatresearch]

Have you told CSA about the fact that your mum has your child every other weekend and hols? This should reduce the amount you have to pay as this reduces her costs and your paying your mum anyway?

 

I know this is making you ill but I'd be tempted to tell them to take me to court as their claim cannot be substantiated. They cannot just rely on your exs allegations, they wouldnt with my daughter and insisted on actual evidence.

 

Put all this in writing as a complaint so you have a paper trail and ask them to disclose the source of their evidence. I can't see how they can win this without evidence, otherwise all exs would get away with it.

[csaqa]

if the QC stays with the non-resident parents mother (or any other address apart from the NRPs address) then shared care is NOT applicable

If they say you were working cash in hand ask then what they have based the £50.00 per week assessment on (if its a DMD that depends on the number of QC's (£30 for 1 £40 for 2 or £50 for 3 or more)