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

kelloggs36

Countryboy, are you not waiting for an up to date assessment? When this comes through, it will give the breakdown of how it was worked out, so that will include the PWC income.

Countryboy

Thanks Kelloggs - much clearer now. As she has her own business though I cannot imagine that she will show her true earnings along with student rental received but time will tell.

Countryboy

Kellogs. Another question for you. As I told you previously I was assessed under different circumstances that I am now and was assessed at £600 odd pounds including arrears. At that time my ex contacted me to say that she felt it was a ridiculous amount considering my earnings and we were to come to a private agreement. She e mailed me with her suggestions and was willing to accept a lesser amount but since I have moved back with my partner she has back tracked and said she still wants the CSA involved. I have a copy of her e mail stating that she felt it was unfair and the amount she thought I should be paying. Will a copy of this e mail hold any weight with the CSA or to they have their specific procedures when dealing with PWC.

kelloggs36

I'm afraid it won't. The CSA have to have a letter from the PWC specifically stating that she requests that the case be closed - she has no power in respect of how they deal with the case other than to keep it open or not.

mothballed

kelloggs36 wrote: »

Moth, I'm trying to establish why you are so hell bent on getting your housing costs allowed against your income when in fact, you aren't actually paying any. If your uncle was taking you to court for arrears, then I could sympathise a bit, but as it stands, it seems that you are trying to reduce your CSA assessment by taking housing costs off which you aren't paying.

I think your hell bent comment is uncalled for (and it says a lot about your follower who is applauding you for it). You have made an assumption and treated it as fact.

You have not understood my earlier post. The CSA assessed me on the basis I work the maximum overtime 52 weeks a year and and did not allow me to retain sufficient income to pay rent and the arrears accrued.

As you have asked about this i'll give the long story. There is no litigation for rent and I have been advised not to add the rent arrears as a debt on Form 6.28 because all the money is recoverable from the CSA.

Back on 07, I tried to resolve the non-dep and tenancy agreement problem with the CSA, but the officers said on record their decision was final, I wrote a simple letter of protest but I got a phonecall with excuses which was followed with a further telephone call. Both calls were recorded and it was discovered the second officer contradicted the advice of the first officer and went on to say "its the law" and I dropped the matter. Its been discovered the officer made a factual error in her advice because there is no law enabling any CSA officer to judge me a non depenant when evidence to the contrary already exists (tenancy agreement) and the CSA had an opportunity to investigate its authenticity.

November 2008 I mentioned this in casual conversation to a lawyer who is dealing with the farm and asked I bring the telephone conversations and tenancy agreement. I transferred them from MP3 to audio cassette and played them to him on a portable cassette recorder. He quickly pointed out first CSA officer had been addressing me as Mr-Somebodyelse several times throughout the heated conversation as well as addressing me by my correct surname. On finding the contradiction between officers comments and a factual error in the 2nd conversation, the lawyer summed it up as: You have the CSA with its pants at half-mast.

I contacted the CSA last yesterday and it went very badly. They did atleast admit holding a copy of the tenancy agreement and accurately described its front cover. I questioned the 'its the law' statement but it was flatly denied. The officer then said I was accusing her of being a liar, I started playing back the MP3's from Summer 2007 and the offcier said "secretly" recording telephone conversations with CSA officials is against the law and innadmissable. She then hung up. That conversation was also recorded.

Legals say I have to exhaust the CSA's appeals procedure until the CSA says they are unable or unwilling to proceed further before a lawyer can execute it according to primary legislation. That advice broadly concurs with your advice and appeal forms should be completed and quickly move up to tribunal.

Loopy_Girl

Whilst it is no illegal to tape a conversation that you are involved in, it is illegal to play it to a 3rd party without the other person's consent. Which you have done.

The evidence gathered from a tape conversation can only be used as admissable evidence if you have the permission of the other party before the conversation begins.

Being called the wrong name a couple of times (when the officer did call you your correct name) is verging on a little petty. Haven't you ever called someone by the wrong name especially if you have a couple of bits of paper in front of you.

As for your final paragraph - no !!!!!! sherlock! You were told this by many many posters on here and yet you seemed to know better at the start

p.s just like we don't have 'camps', we neither have 'followers'. People on here are free to make their own minds up about posts and thank the person if they feel appropriate without you seeming to think that it's a herd of sheep on here.

Kelloggs has been on this site alot longer than you and is certainly liked a hell of a lot more than you and people respect her. Respect is earned and as your story if full of inconsistencies, the majority of people have made their mind up about you. You have received a huge amount of help from Kelloggs about your 'story' and I don't think trying to be a bit wide with her is going to help. Believe me, she's your only contact on here who is willing to take the time to try and help you.

It was a reasonable question (which you have avoided again). When you first came on here you claimed that you were living on less than £40 a week as after your CSA deductions and rent that's all you had left. You have no admitted you have not paid rent for a year (apparantly) and your Uncle landlord has taken no steps to recover these arrears.
How can you claim a deduction for housing costs when you haven't been paying your housing costs? It's a bit like asking for reduction in your CSA for having a baby and then not bothering to have one.

kelloggs36

Moth I have already offered for you to pm me with the details of your last assessment to see how much difference the housing costs would make. However, if you aren't paying them then they can't be taken into account anyway!

pd001

Loopy_Girl wrote: »

Whilst it is no illegal to tape a conversation that you are involved in, it is illegal to play it to a 3rd party without the other person's consent. Which you have done.

The evidence gathered from a tape conversation can only be used as admissable evidence if you have the permission of the other party before the conversation begins.
Not strictly true.
I secretly gathered evidence on tape, on lots of different occasions which I gave to my solicitor, who had it transcribed, and it was used in evidence, in court in my divorce case.
It was a family court though, but nonetheless I did it and it was used.

Being called the wrong name a couple of times (when the officer did call you your correct name) is verging on a little petty.
Yes and it is very annoying

Haven't you ever called someone by the wrong name especially if you have a couple of bits of paper in front of you.

As for your final paragraph - no !!!!!! sherlock! You were told this by many many posters on here and yet you seemed to know better at the start

p.s just like we don't have 'camps', we neither have 'followers'. People on here are free to make their own minds up about posts and thank the person if they feel appropriate without you seeming to think that it's a herd of sheep on here.

Kelloggs has been on this site alot longer than you
So what? Is this a private club where length of membership counts towards something?
I think not!

and is certainly liked a hell of a lot more than you and people respect her.
Probably but again so what?

Respect is earned and as your story if full of inconsistencies, the majority of people have made their mind up about you.
True

You have received a huge amount of help from Kelloggs about your 'story'
True

and I don't think trying to be a bit wide with her is going to help
True!.

Believe me, she's your only contact on here who is willing to take the time to try and help you.
Not strictly true at all

It was a reasonable question (which you have avoided again). When you first came on here you claimed that you were living on less than £40 a week as after your CSA deductions and rent that's all you had left. You have no admitted you have not paid rent for a year (apparantly) and your Uncle landlord has taken no steps to recover these arrears.
How can you claim a deduction for housing costs when you haven't been paying your housing costs? It's a bit like asking for reduction in your CSA for having a baby and then not bothering to have one.
You do have a valid point here

Evidently the system says that I must put something here.

kelloggs36

Moth, as Loopy says, your story is contradictory. I also remember you stating that AFTER you had paid your £42 per week rent, you were left with £40 odd quid per week. Now you are saying that you didn't pay the rent, so you actually had £82 at least per week! You also said that your assessment was based on one Summer's worth of 75 per week work then went on to say that you have done this for a lot longer and that was the reason you claimed JSA! Your figures don't add up as you have also been told that you have to be left with your protected income, but claim that you are not being left with that - can you clarify that your protected income level is only £60.50 per week? This would be equal to the exempt income for CS1 where a DEO is concerned.

As you have failed to adhere to the appeal procedures I feel that you are on a hiding to nothing - you have had the opportunity but failed to act - that is nobody's fault but your own. As I said earlier, and the appeals form also confirms this - not knowing is not an acceptable reason - you could have found out if you had asked. You did nothing. I wish you luck on your judicial review - have you asked Stephen Lawson about the possibility and whether it is a viable case for such a review?

mothballed

kelloggs36 wrote: »

Moth I have already offered for you to pm me with the details of your last assessment to see how much difference the housing costs would make. However, if you aren't paying them then they can't be taken into account anyway!

This aspect has already been addressed satisfactorly by you and worked the airthmetic surrounding the case.

I think you are construing my non payment of rent to be grounds of the CSA not taking it into account. Its the other way round, i have rent arrears because the CSA didnt take it into account.