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

kelloggs36

Sorry Loopy I am getting confused myself on who is saying what!!!!!!!!!!!

Anyway the forms were as you said, but they have always included all the info about what to do and when.

mothballed

Right lets get this straight, is an appeal a proceeding independent of the CSA?

Is a tribunal independent of the CSA - a fair and impartial trial? (the form indicates it is which suggests an appeal is not) and - does it comply with acts of Parliament and secondary legislation in the same order a county court or a crown court does?

Loopy_Girl

kelloggs36 wrote: »

Sorry Loopy I am getting confused myself on who is saying what!!!!!!!!!!!

Anyway the forms were as you said, but they have always included all the info about what to do and when.

Yes I agree wholeheartedly with you Kelloggs. In fact, I have dug one out of my file and it is crystal clear what you do, all written in plain English with no jargon and clear timescales. There has certainly been no concealment unless someone chooses not to read fully any information the CSA issues them.

mothballed

kelloggs36 wrote: »

I have no idea but it will be thousands!!!! Why don't you speak to Stephen Lawson who knows how much it will cost you!

Im getting the idea. Even if it costs thousands, its still a better deal than giving into the CSA and shelling-out year on year. I would stand a good change of getting it all back and nothing lost if I lose.

kelloggs36

http://www.appeals-service.gov.uk/Documents/starting_an_appeal.pdf

kelloggs36

If you lose, you lose your thousands of pounds PLUS you will still have to pay CSA - a no brainer. I think you are cutting off your nose to spite your face here.

kelloggs36

mothballed wrote: »

Right lets get this straight, is an appeal a proceeding independent of the CSA?

Is a tribunal independent of the CSA - a fair and impartial trial? (the form indicates it is which suggests an appeal is not) and - does it comply with acts of Parliament and secondary legislation in the same order a county court or a crown court does?

It is independent of the CSA. You are NOT under trial!!!! It can look at decisions made by the CSA to see if the law has been applied correctly. If it has, then that is it. You can of course, apply direct to a commissioner on a point of law if you think that the Tribunal have incorrectly applied the law. However, your problem is that you haven't been granted leave to appeal to the tribunal as your appeal is out of time. You need to get that decision from the appeal tribunal first.

Why don't you actually investigate some of these things for yourself and then come back if you have any other questions?> You clearly haven't bothered to look as it is all out there - took me all of 3 seconds to find a CSA appeals leaflet by putting in CSA appeal in a search engine!!!!!!

mothballed

kelloggs36 wrote: »

You can of course, apply direct to a commissioner on a point of law if you think that the Tribunal have incorrectly applied the law.

Thats an interesting point, I cant find any law the CSA has availed itself to when it classed me a non dependant and raised and enforced an assessment based on it. My status as a non dependant appears to a CSA officers opinion treated as fact.

The rest of the case is black & white insofar as legislation goes.

kelloggs36

You could have asked for a new assessment based on up to date income details and then appealled in time in respect of the non-dependent issue. Whilst they won't have backdated the decision to the beginning if you won the appeal, you would have at least had your housing costs taken into account for your ongoing maintenance.

kelloggs36

mothballed wrote: »

Thats an interesting point, I cant find any law the CSA has availed itself to when it classed me a non dependant and raised and enforced an assessment based on it. My status as a non dependant appears to a CSA officers opinion treated as fact.

The rest of the case is black & white insofar as legislation goes.

And you had the chance to formally appeal and it is now too late for you to do so unless you appeal against a new decision.

Can you prove that the landlord is your uncle?