|My ex is self employed and fiddling his CSA paymentsPosted: 29 Nov 2009 11:47 PM PST
When I left my ex 11 years ago, he paid me £40 cash each week, he told me to go to the CSA after he stopped paying and said could work the system – being self employed.
After many maintenance assessments forms sent to him, many dif. addresses, over many months, CSA said would make an interim assessment, then he finally sent the form back!
He told them he was paying me £40 but they said he only had to pay £28 (2 children).
He wouldnt pay on time or at all until they chased him. I wrote and saw my MP, Independent Case Examiner, anyone, saying the same thing, my ex. is lying about his earnings! The ICE have completed approx. 5 full reports and have agreed that the CSA has failed. My file has been lost, moved to dif. departments, offices, etc. Ive had numerous special payments due to their incompetence.
Bailiffs have been involved, 3 liability orders, even asking for prison sentence – as he would default on payments all the time and never make them up! The CSA never had the papers in order, didnt turn up for court once, etc.,
Ive had numerous tribunal appeals, my ex. sometimes didnt turn up or did but not with info they have asked him for and it has been ruled in my favour – as they had an accountant – but my ex has NEVER paid the assessment that was re-calculated at £114 pw on one of them and then £116 on another – finally in 2006 – on the basis that my ex had brought a house (£11 k deposit) and that I had a Solicitor to sue them and Watchdog were coming to film about my case. I immediately was telephoned and the CSA confirmed that it was due to the media – that I was offered an advance payment in the region of £15k plus interest. I had no choice but to accept as I needed to pay off the debts I had got over the years! (I have worked majority of the time p/t apart from when made redundant)
My ex even gave fake payslips and upon my investigating the company (that give payslips for money called Business Activities) confirmed my ex had never worked for them! The reason for this was because the CSA had contacted his sub contractor to get money. It was established that my ex was still self employed and always had been!
As you can see my ex has fiddled the tax man (by claiming a lot less money he has earnt with fake accounts that dont tally with his bank statements – which the tribunal picked up on in 2006 as well as another government agency the CSA! In one of the CSA’s proposals/policies it states that this is a criminal act to give false or misleading information – so why hasnt my ex been arrested for fraud / money laundering?
He has another child that the mother – who has never worked and made it clear doesnt want to and wanted another child (already has one by someone else) so not to work – well she was given money that should have gone to me re: special payment ! (dont know if they ever got that back from her) so I have to have my money halved now – but she calls herself a different name from her real name which makes me wonder if she is fraudulent claiming other benefits and not declaring csa money? She has been done for benefit fraud in the past. They were only together a short time.
My ex was giving me £55 pw in arrears now as my children are 19 and 22 but decided yet again, in Dec to only pay half of it. He is a law onto himself as he will pay what he wants and the CSA never chase him or do anything about it! In fact as long as he is paying me something they dont care – they have admitted this! In July 2008 it was established by the Criminal Compliance Unit that he earns approx. £38,500+pa and has 5 bank accounts with approx. £25 k in savings. But he claims to the taxman that he earns approx. £18k pa. He is self employed – Electrician working in London.
So my argument is I want what my children should have got for the past 6 years (as told can only go back that far) from 2008 back to 2002 at least – accountant at work calculated approx. £20k is owed as my ex only ever paid half the money that was calculated in 2006 – adding interest.
I went to the Appeal Tribunal to get this recalculated again – which the CSA says the maintenance assessment should be recalcualted – as they said they wanted prove he was a liar, well they have it now and have done nothing with it! The tribunal throw it out first saying out of time, which of course it would be, I asked for it to be reinstated under special/exceptional circumstances, it was but denied due to lack of evidence – ie. the CSA never gave me the full 6 years only 1 year and only brought some to the Tribunal but had other evidence which hadnt given to me and did not submit to the Judge/Chairman at the Tribunal – it was denied. Due to the Data Protection Act Im not allowed to have it, so how can I build a case when Im not allowed to see or have the info but the CSA do but dont submit it!?
So Im back to square one trying to get this re-assessed on the basis that my ex has lied.
I had a letter today from Chris Barras, Complaints Review Manager, again no further action is going to be taken by the CSA to recover the full amount I should have got.
The CSA have let my ex lie for 11 years and when they have the evidence about this, do nothing with it.
I have gone from full time time to part time now due to lack of work/hours cut at work – Im not entitled to benefits now but as on a low income going back to the Solicitor to sue them (as have to get legal aid).
I wont give up as I know Im right and they and my ex are in the wrong.
I just want to know why he has been allowed to get away with all this even when they know the truth, isnt that discrimination against me and my children – who I thought the CSA were set up to help the children not the self employed liars!