Have I got the right to choose?

[Redletter]

Hello. Apologies if I am in the wrong place with this. I'm not sure if anyone can deal with this at all?

I have recently been approached and assessed for child maintenance by CMEC (Child Maintenance Enforcement Commission), formerly the CSA.

I must point out that I have always paid towards my children's upbringing, but my ex got greedy despite already defrauding the benefit system and not declaring any money I gave her in the past, but that is another story which I will not enter into.

The question is with regard to my child maintenance payments.
The CSA as it was previously indicated that THEIR preferred method of payment is DD. However I argued that it was my banl account and I wanted to retain control. I am not disputing payment - simply the method of payment. They reluctantly agreed after passing it to a manager and I set up a standing order.
However, since the new lot took over (CMEC) they have said that the only methods of payment available to me are either Direct Debit or an attachment of earnings, which I obviously do not want!

My view is that they are there to enforce payment of what the law says I must pay not to dictate how I pay it!

What are my rights on this?????

Thanks

[Guest]

Re: Have I got the right to choose?

Whoever told you this is not telling the truth. They will also accept standing orders, although it appears that some members of CMEC staff are not aware of this, or are choosing to deliberately rob you of your rights.

It would appear that CMEC are trying to phase out all methods of payments other than Direct Debit or Deduction from Earnings Order (DEO) in order to increase collection rates, ostensibly to help children, but in all probability, to make their own figures look good.

However, as above you may still pay by Standing Order and it is crucial that your mandate has CHILD SUPPORT stated as the reference.

CMEC will impose a DEO if there is evidence of one or more payments being missed although the changes will not affect those non-resident parents who pay their maintenance direct to the parent with care or who have their child maintenance payments deducted from their benefit. Non-resident parents who have already agreed a payment method with CMEC before the change is introduced will be able to continue to pay by their chosen method.

Given the history you make reference to above, it might be wise to obtain receipts for all payments made, or if made by standing order, keep accurate records in order to prove payments have been made.

[Redletter]

Re: Have I got the right to choose?

Whoever told you this is not telling the truth. They will also accept standing orders, although it appears that some members of CMEC staff are not aware of this, or are choosing to deliberately rob you of your rights. I have repeatedly requested to pay by standing order and have told them that I was previously given the all clear to do this. They are now telling me that I was given incorrect information and that whoever told me I could pay by standing order was wrong to say that!

It would appear that CMEC are trying to phase out all methods of payments other than Direct Debit or Deduction from Earnings Order (DEO) in order to increase collection rates, ostensibly to help children, but in all probability, to make their own figures look good.I agree this is probably the reason but I dont see why it should matter. As long as I pay the amount the law says I should pay at the required time intervals.

However, as above you may still pay by Standing Order and it is crucial that your mandate has CHILD SUPPORT stated as the reference.What if they continue to claim that this is not an option? Should I write to them and make reference to the fact that am not witholding payment but request that I pay by standing order only.Maybe request that they state the legislation upon which they rely that states specifically that I cannot use my preferred method?

CMEC will impose a DEO if there is evidence of one or more payments being missed(I have so far been phoning them a couple of days before the payment is due and paying by debit card) although the changes will not affect those non-resident parents who pay their maintenance direct to the parent with care or who have their child maintenance payments deducted from their benefit. Non-resident parents who have already agreed a payment method with CMEC before the change is introduced will be able to continue to pay by their chosen method.

Given the history you make reference to above, it might be wise to obtain receipts for all payments made(I have evidence int he form of bank statements which prove that I have paid money into both my ex's and her mother's bank accounts-however no-one is taking any notice of this even the benefit fraud people have done nothing!), or if made by standing order, keep accurate records in order to prove payments have been made.

Thanks for your reply cetelco, I am having a nightmare with these people they even phoned me yesterday, the Saturday of a bank holiday weekend, to tell me that my ex has appealed against a recent reduction in the amount they are taking! Surely that could have waited instead of ruining my holiday!
Despite the fact that there is a recession and my company have asked for voluntary redundancies and reduced overtime to a minimum, my ex still thinks she deserves more! I wouldn't mind but she has not worked a day in her life and somehow thinks I should provide her with a lavish lifestyle. The money doesn't even go on the children it pays her catalogue bills!:mad2:

[Amethyst]

Re: Have I got the right to choose?

Definately ask them in writing...offer to pay by standing order in writing, and ask them to outline their reasons if they refuse.

CMEC appear to want AOE on everyone, which I would guess is cheaper administrativey, but doesnt mean they are entitled to insist on it or on DD.

[Amethyst]

Re: Have I got the right to choose?

29 Collection of child support maintenance

(1) The Secretary of State may arrange for the collection of any child support maintenance payable in accordance with a maintenance assessment where—
(a) the assessment is made by virtue of section 6; or
(b) an application has been made to the Secretary of State under section 4(2) or 7(3) for him to arrange for its collection.
(2) Where a maintenance assessment is made under this Act, payments of child support maintenance under the assessment shall be made in accordance with regulations made by the Secretary of State.
(3) The regulations may, in particular, make provision—
(a) for payments of child support maintenance to be made—
(i) to the person caring for the child or children in question;
(ii) to, or through, the Secretary of State; or
(iii) to, or through, such other person as the Secretary of State may, from time to time, specify;
(b) as to the method by which payments of child support maintenance are to be made;
(c) as to the intervals at which such payments are to be made;
(d) as to the method and timing of the transmission of payments which are made, to or through the Secretary of State or any other person, in accordance with the regulations;
(e) empowering the Secretary of State to direct any person liable to make payments in accordance with the assessment—
(i) to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;
(ii) to open an account from which payments under the assessment may be made in accordance with the method of payment which that person is obliged to adopt;
(f) providing for the making of representations with respect to matters with which the regulations are concerned.



the regulations keep being amended....this was added 2008 about specific reasons why not to accept payment by a particular method
The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2008 No. 2544


also read this one - http://www.bailii.org/ew/cases/EWHC/...2008/3159.html

[Redletter]

Re: Have I got the right to choose?

Thanks Amethyst for your reply.
Forgive me if I'm being a bit thick but I am still trying to digest all of that information and I am still somewhat confused. My interpritation is that it would appear that the secretary of state can indeed dictate which method of payment he sees fit. Is that correct?

I have just found 2 letters the CSA sent me, one of which reads:
"I'm writing today about the arrangements for collecting your child maintenance payments. According to our records, we've agreed that you should pay these by Standing Order, Calendar monthly....."

The second one dated the same day reads:
"To make it easier for you to make your child maintenance payments, I've enclosed a standing order form with this letter. Please fill it in and give it to your bank or building society as soon as possible. Don't return it to us. However, the easiest way to pay your child maintenance is by direct debit. If you want to arrange this, please phone us on the number above...."

So I'm just going to carry on paying by standing order.
However, the amount will probably have to be changed as my moneygrabbing ex has apparently appealed against their recent reduction due to a change in my wages (reduced overtime, increased tax due to company van & increased pension payments - all of which I have already provided satisfactory evidence for).

It seems she probably could get blood out of a stone!

[Amethyst]

Re: Have I got the right to choose?

Well the letters sound quite definitive - I would ignore the phone call peeps and keep things in writing...if they want to change the payment method they have to write, and from what I was reading in the Acts and Regulation yesterday, have a good reason to enforce one particular method.

[Redletter]

Re: Have I got the right to choose?

Great I will just keep paying this way and then if they want to discuss it I will ask them to communicate in writing.
Thanks again and for the quick response!
------------------------------- merged -------------------------------
Amethyst, can I be cheeky and ask you if you would mind having a quick lok at this I'm not sure if it is your area of expertise but I am trying to find a way to get my interest rate reduced on this particular credit card and they wont play ball. Im not sure what approach I can take with it.
Thanks for your time. If you are too busy then thanks anyway.
http://www.legalbeagles.info/forums/...ad.php?t=16633

[Amethyst]

Re: Have I got the right to choose?

replied on that thread

[righty]

Re: Have I got the right to choose?

It seems clear that they CAN demand payment by another method but ONLY if it can be shown the current method is unreliable SD bounces etc

[Redletter]

Re: Have I got the right to choose?

Are the CSA/CMEC accountable under the Data Protection Act? ie can I SAR them in order to obtain transcripts of telephone conversations to prove that they lied to me on several occasions regarding the required method of payments?
They agreed to standing order payments provided I paid my arrears in full and then once I had paid them they told me that whomever made the agreement was wrong to do so and that I MUST pay by Direct Debit!

[Guest]

Re: Have I got the right to choose?

Yes they are.