what now? problems getting case to legal

Sensemaya

pinkpig08 wrote: »

We rang CSA again yesterday, and now apparently they haven't got record that they've received the 'evidence' of shared care which we sent on the 23rd August! That's amazing really because DH spent 40 minutes on the phone to them shortly after they'd received it. The caseworker had looked at it and decided that we did have shared care! They're ringing us back today...................

I swear they haven't got a clue sometimes!

Pinkpig

Poor Evie's topic is getting swamped with posts about latin, songs etc.

You may be better starting a new topic. Just cut and paste your posts into it.

Did you send the letter via recorded delivery? They are notorious for losing stuff, even RD.

Can you fax it through and stay on the phone at the same time?

koolmummy

Sensemaya wrote: »

Please see the sticky link at the top of the forum. Get your MP involved.

Appreciate your predictament. The CSA can go direct to the IR and get a copy of his latest accounts.

One thing that might help you is to get an CSA inspector round to his premises under Section 15 and see how much money is owed to the business. They might be able to claw it back that way.

Have they tried a debt order on his bank accounts?

Thanks for your kind reply,:o

Yes I'm certainly considering getting my M.P involved at this point.

The C.S.A have been to the IR to get accounts, he lies to the revenue as well. The C.S.A did 2 1/2 year criminal compliance investigation into ex and found that his income "is far in excess of that declared to the revenue or the agency". His assessment of £850 per month was calculated by looking at the income into his personal bank accounts.

Whilst earning £2,500+ per week the criminal compliance team also found that he claimed J.S.A and housing benefit. I am aware of all of this only because he appealed the assessment.He lost the appeal tribunal, he didn't even turn up.All of the criminal compliance papers were in the submission along with all of his bank statements. They made me mad, he has exotic hols, laser eye surgery, trips to the theater and fabulous restaurants - the kids and I have Tesco value!:mad:

The bailiffs had been on his case for a few months earlier this year, as a result of this he has now wound up his third limited company.Despite his family and the children telling me that he is working ( I.T contractor), he has been on J.S.A again since February.

I really believe that committal is the only way to induce him to pay. Could my M.P really help me with this?

Sensemaya

koolmummy wrote: »

Thanks for your kind reply,:o

Yes I'm certainly considering getting my M.P involved at this point.

The C.S.A have been to the IR to get accounts, he lies to the revenue as well. The C.S.A did 2 1/2 year criminal compliance investigation into ex and found that his income "is far in excess of that declared to the revenue or the agency". His assessment of £850 per month was calculated by looking at the income into his personal bank accounts.

Whilst earning £2,500+ per week the criminal compliance team also found that he claimed J.S.A and housing benefit. I am aware of all of this only because he appealed the assessment.He lost the appeal tribunal, he didn't even turn up.All of the criminal compliance papers were in the submission along with all of his bank statements. They made me mad, he has exotic hols, laser eye surgery, trips to the theater and fabulous restaurants - the kids and I have Tesco value!:mad:

The bailiffs had been on his case for a few months earlier this year, as a result of this he has now wound up his third limited company.Despite his family and the children telling me that he is working ( I.T contractor), he has been on J.S.A again since February.

I really believe that committal is the only way to induce him to pay. Could my M.P really help me with this?

Well your reply has angered me.

Why didn't they get on to IR to instigate an investigation about his earnings? Why did they not get on to the benefits to investigate? You won the appeal and now they are !!!!!- footing around with baliffs who are useless.

I suppose he has closed the bank accounts down, so they can't get a debt order on those? But the IR can trace those.

I would book an appointment pronto to see your MP and start complaining loudly and persistantly.

Sensemaya

LOL...the !!!! is pus-sy footing around.

Committal is the end of the road. There are other paths to follow before that.

evie451

oh hells bells koolmummy i thought i had problems!! but this is what i am afraid that my deadbeat ex is working his way up to, he has quite a few employees but now suddenly wants to sell the house he reckoned he was desperate to keep and i am afraid he is going to get rid of the only tangible asset he can't hide and sod off abroad....

Now i was told yesterday that the worlds most useless CSA employee (and i know she has a bit of competition) actually does need to send him out letters to refer it to legal enforcement. i was told by Falkirk that she needs to send a '900' and that is a 7 day bf then an '899' which is a 7 or maybe a 14 day bf before it can go to the court for a liability order. AAAARRRGGGHHH:mad: this woman categorically and repeatedly assured me that she just had to fill in this audit form that was all then it would go.....

Kellogs or some other knowledgable body please who is right! does the case worker keep it until these warning letters are sent out or are they done by the liability order team??

Sensemaya

Evie

Get your MP involved now and inform them your ex is going to sell the house as a way to avoid his responsibilities. This way you leave a paper trail and the csa cannot then lie. The housing market isn't very buoyant, so it would be a good idea to get a charging order on the house. He might also stick it in someone else's name.

This is going to take time because they haven't got a liability order yet. They do keep sending letters out and giving the NRP 14 days and, in my experience, they keep giving the NRP more chances by sending more letters out ad nauseum. It is very frustrating.

Sensemaya

Forgot to say he might just be saying he's going to move abroad to spite you. You can always check REMO too - see sticky.

evie451

Hurrah! my telephone harassment has had some effect!! the poor woman who had the misfortune of picking up the phone to me on Saturday from the Falkirk office has just called me back...:j

She has taken the case off the dozy in Bishop Auckland (?) and has sent out the next stage of letter to my deadbeat ex other half today i am now heading towards a liability order :beer: now my NRP gets 7 days then another letter then 14 days then they can apply to the court!!

its always interesting when they send him stuff will he continue to ignore it? is 6.5k arrears too much for him? will the threat of the sheriff officers make him pay? the suspense is killing me :rotfl:

Sensemaya

" sheriff officers" ...you are up in bonnie Scotland.Courts move slowly.

Don't open the champagne yet.. Caron's Royal Bain perfume is gorgeous btw...stick to the red wine at the moment.

At least you are getting somewhere.

Trying my best to find where the missing link has gone re: enforcement.

Hope you have the name and direct phone number.

koolmummy

Sensemaya wrote: »

Well your reply has angered me.

Why didn't they get on to IR to instigate an investigation about his earnings? Why did they not get on to the benefits to investigate? You won the appeal and now they are !!!!!- footing around with baliffs who are useless.

I suppose he has closed the bank accounts down, so they can't get a debt order on those? But the IR can trace those.

I would book an appointment pronto to see your MP and start complaining loudly and persistantly.

Thanks again for your reply. Your reply to me yesterday jerked me into getting proactive! :T

Trouble is I'm an eternal optimist and when the C.S.A tell me they are doing something I tend to believe them.... far too trusting. But being fobbed around and mislead over the referral to legal enforcement is the final straw. I've been patient for 5 years.

I sent an email to my M.P Nick Herbert. I gave a brief overview of what I've had to deal with and how my children's welfare dictates that the C.S.A should use the laws within their power to make my ex contribute towards the upkeep of his children etc.

Low and behold not 10 minutes later but his lovely secretary phoned me! She was appalled and said it was the "worst case she had heard of". My M.P will be back in touch with me in the next week; he will go to the chief exec of the C.S.A on my behalf and oversee my case.

I also wrote in my email that my ex claims benefits in order to evade a reasonable assessment and that criminal compliance had found that he was committing benefit fraud. In the past I have rung the benefits agency hotline until I'm blue in the face - nothing done. She urged me to write to Leslie Strathie the chief exec of Job Centre Plus, I've done it, posted it this morning.

With regard to the IR, my ex has just wound up his 3rd LTD company, C.S.A bailiffs had been sniffing around and he knew C.S.A had company bank accounts etc. Again and again he starts a company, runs up a huge tax liability and does a runner. He got banned from being a director and without my knowledge, fraudulently made me director of one company. IR came after me; luckily it was very easy for me to show the truth as I never had access to bank accounts, or met the company accountant, wrote any letters etc. The man at the IR was really nice and said that frustratingly the IR would never chase my ex for his debts. He has no assets, has shown that he will not pay willingly, the cost of perusing him and the fact that they would probably not get money out of him means that they just allow him to do it!!! GRRRRRR:mad: Meanwhile the rest of us work hard pay tax and abide by the law. I didn't take this lying down either, last April on the advice of nice IR man I sent a letter to the " law Enforcement Intelligence" department of the IR who deal with this sort of thing. What happened? Nothing, not even an acknowledgement.

Bailiffs are done done, C.S.A have the "Nulla Bona" certificate. I was told by the C.S.A that they knew it was pointless sending the case to bailiffs but they had to "tick that box" to progress. As far as I can see committal is the only route open to Legal Enforcement when they eventually get the file as nothing else is appropriate. i.e charging order, CCJ - am I wrong?