Is CSA1 an exact science? (if so where can I get a copy of the formula) -merged-

Fran

***Boardguide comment***

Threads merged to make them easier to follow.

mothballed

I am near completing my grounds, collecting relevant legislation and supporting documentation evidence for making an appeal at the CSA. Much of it could not have been done without the help of many contributors on this forum which I am really very grateful. You know who you are.

Now its time to have ducks in a row, I look for your comments and fine-tuning before going to an MP then the legal experts. Please read this post in its entirety before commenting.

When I came to this forum, I was criticised for having a desire to rebuild a normal family life, and wanting the CSA put things right. One such judgement came from a poster who freely admitted having worked in the CSA. I am now concerned this may be an institutional CSA attitude towards NRP's in general. It is consistent of the attitude of CSA operatives.

Im no lawyer and a complete ignoranus on this so can anyone tell me what actually happens at a CSA appeal? is it headed by a judge? A CSA agent? etc. What sort of room? A court? an office? Do I stand and address the court? Do I need to have counsel represent me? Generally what happens on appeal day?

I think the CSA may have already dismissed an application for an appeal in 2007 and explains the CSA's unwillingness to cooperate in putting things right and responding to my correspondence with automaton letters containing impertinent statements and threats of bailiffs prison and police etc. I now need to know how I ask for an appeal and what can I do if my request is declined. Do I write a simple letter or do I fill in application forms? (links to forms please). Is asking the CSA for a ‘reassessment' the same thing?

I have collated my grounds and gathered supporting documentation along with most of the legislation I will be relying on. Generally I am appealing because the CSA has failed to comply with its own laws and regulations namely:

1. Making an assessment that is based on me working 75 hours a week when I normally work 40 a week. (I have last 3 years payslips) thus failed to comply with Schedule 1 of the Child Support Act 1991.
2. The CSA think I am a non dependant while my circumstances not match the CSA's own description contained in a document stored on its own website.
3. The CSA deducts more than the maximum 40% allowed contrary to Regulation 11 et-al of the Child Support (Collection and Enforcement) Regulations 1992
4. The CSA declined me for an appeal saying I am out if time subverting an Act of Parliament provides everyone access to fair trial in all civil and criminal proceedings. (Art.6 ECHR and Section 6 of HRA 1991).
5. The CSA did not permit me to pay my own rent obligations and council tax liability contrary to Regulation 36 of The Council Tax (Administration and Enforcement) Regulations 1992.

I will be asking the appeal hearing that the CSA do:

1. Pay me the difference between any non dependant rate and the rent charge according to the tenancy agreement from the date of assessment to the date of employment being terminated.
2. Pay me the council tax liability for the above dates.
3. Pay the Bailiffs fees and other legal fees related to the above council tax.
4. Refund the difference between the amount assessed in error and the correct assessment according to child maintenance rules contained in Part 1 of the Child Support (Collection and Enforcement) Regulations 1992 from the date of assessment to the date of employment being terminated.
6. Costs.

Following a free solicitor's consultation (not a CSA expert) in November last year arranged by the CAB, it was hinted that I can also claim "damages", and concurred by a poster on this forum. This is because my life has been substantially damaged by the action and negligence of a government agency. He said that my previous earnings as a farmer earning £71,000 a year until 2003, the claim could be proportional to previous earning history over the last 16 years which I hold certified business accounts and my pay slips from 2003 onwards working as a bus driver. It's not fully understood which court I make this claim but the solicitor commented the award could be well into 6 figures. He gave several grounds for making a claim. (broadly speaking & still have the paperwork somewhere).

1. Failure to allow me an income that meets the government's poverty threshold.
2. Failure to allow me to meet my own rent obligation and council tax liability.
3. Administrative work relating to receiving a council tax bailiff
4. Administrative work in obtaining an appeal and preparing it for trial.
5. Deprivation of the right to a reasonable lifestyle and
6. Access to gainful employment and
7. Access to a fair trial (if request for an appeal is declined).
8. Receiving threats of bailiff's police and prison contrary to Section 2(1) of the Protection from Harassment Act 1997.

No snide remarks, only positive comments good or bad please.

mothballed

pd001 has answered the question.

Its Regulation 10/11 of the Child Support (Collection and Enforcement) Regulations 1992 and Part 1 Schedule 1 of the Child Support Act 1991.

marksoton

No legal action you could take will stand a chance until you have exhausted the set down legal CSA procedures.

Time and again you have been told this. Honestly mate approach a CSA expert and stop letting this eat you up and consume so much of your ( and our !! ) time .

Until you broach all the issues in the correct manner none of this will improve.

Im not being snide just honest. The CSA can become all consuming for some NRP's and PWC's , don't be another victim.

mothballed

I have looked extensively though the CSA folder and I am seeing numerous references which I have asked for appeals and asked the CSA to put things right almost right from the very beginning. Their letters broadly say I am out of time and assessments cannot be backdated and they will not be changing the assessment.

I went on Parents Centre forums in early 07. It was very PWC oriented, and suggested (but not in these words) I pay up and shut up so I abandoned the case after being flamed off the boards by the PWC camp.

It is my intention to offer the CSA a final chance. The letter is already done and is largely based on advice from this forum. It says what I want the CSA to do, I have explained why, and if they cannot or will not put things right then it asks the CSA to confirm that position in writing in a letter that as clearly marked "Final Resolution". There is no time limit on my letter but I'll be holding a legal consultations and seeking forum advice in the meantime and we'll go ahead with proceedings in the absence of a positive reply from the CSA.

marksoton

But you are not in a position of power to dictate to them currently !

I can assure you they will screw you before you can pre empt them !

As for PWC bias , well that is your take on it, plenty get burned on both sides by the agency. A point worth remembering.

And if this forum were so biased how come your letter is largely based on advice from that same place !!??

Time for a bit of reflection i think....

LizzieS_2

mothballed wrote: »

I went on Parents Centre forums in early 07. It was very PWC oriented, and suggested (but not in these words) I pay up and shut up so I abandoned the case after being flamed off the boards by the PWC camp.

Who supposedly flamed you 2 years ago when you've only been looking into changing the assessment for 1 year?

mothballed wrote:

I am currently paying full-whack 40% of salary based on me working 75 hours a week. When I work my normal 40 hour week I earn less than signing on the dole.

It says £262.17, but it makes no difference because the assessment is based on 75 hours a week. It = Protected income

but the CSA assessed me for the £71K remuneration thinking I was still working the farm....... The farm income assessment is where the bulk of the arrears come from. They continued to grow further because the CSA assessed me as working 75 hours a week (which I did for 2 weeks in summer 2007) and continued to assess me on 75 hour week even though I work 40 hours a week for the rest of the year meaning I am DEO'd for 52% of salary and retaining just 23% after tax being £55 a week.

I am paying 53% of my 40 hours a week wages to the CSA

The CSA has assessed me for working 75 hours a week and I only work 40 resulting in a DEO leaving me with a nett income of £23 per £100 earned. With a basic of £239 a week

£43.66 a week notational maintenance from £400 net wages? oh jeez! better be off and pack my bags and move in right now. My weekly pay is £229.20 without overtime but after I pay my £42 a week bedsit I live on £68 a week before paying council tax.

I am on CSA1 paying 30% plus 10% arrears for two children.

I am nackered working nearly 70 hours a week

I have considered all the options. I just dont have the energy to carry on working 70 hours a week for nothing when I get my rent & council tax paid plus JSA of £60 a week in my pocket. I currenty get less than £70 a week and I am living a miserable existence.

I am hit full-whack 40% DEO and its killing me

Not very consistent are you?

mothballed wrote:

I know about the arrears and they are aren't much.

mothballed wrote:

I was intending paying off the arrears with my unused annual leave and deposit refund on my flat.
The deposit on my flat and unused annual leave comes to about £1400 and the arrears about £1560.
Sorry i thought you asked about rent arrears duh... CSA is about £21K.

Not much difference in amounts as your posts moved on.

mothballed

Can anyone tell me what will happen on appeal day? Its a simple enough question.

kelloggs36

Mothballed - you keep saying how knackered you are for working 70 hours per week and then complain that the CSA are using overtime as a basis for their assessment - this is correct procedure - you work it, they assess you on it - unless it was a one off.

Reading through your lists of demands I will tell you now that you won't get them! Your compensation may be in the region of about £100 - £250 if they agree that they have acted incorrectly, but as you said yesterday that they refused to backdate the assessment or do the assessment because you didn't send the correct payslips in, then the onus was actually on YOU to ensure that you sent them the correct info within the correct time. They don't HAVE to do a new assessment if you won't comply with their requests - and they have exercised their rights to refuse. You wish to appeal against that - you now say that you did and you lost. An appeal is where a decision maker looks at the facts of the case again and decides if you have a case - they decided you didn't. The next stage was to ask for a tribunal hearing whereby you attend a hearing with a member of the appeals panel who look again at your case and you put forward your ideas (after submitting it all in writing) - they then make a decision which the CSA have to abide by. You may only then appeal against this on a point of law and you have to apply to the commissioner.

Moth, for the record can you give us exactly what you pay (in £, not %) per week in maintenance and then in arrears? ARe you paying via DEO at the moment or not?

mothballed

marksoton wrote: »

And if this forum were so biased how come your letter is largely based on advice from that same place !!??

There has been some good advice found here.

Its a shame this blighted bythose with an attitude that the NRP is to be villified for the crime of being one.

The PWC camp who have nothing better to do than post negative remarks and applaud each other for it.