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

Sensemaya

Mothballed

Why don't you PM NACSA Chair and have a chat with her. Then decide whether it is worth joining.

I would be also asking for your data protection files..see sticky link for address ( but thry will take ages to come through) and I can't remember whether I've mentioned this before but how about going to the Commissioners on a point of law.

http://www.osscsc.gov.uk/AboutUs/aboutUs.htm

http://www.osscsc.gov.uk/AboutUs/CasesWeHandle/childSUpportMaintenance.htm

I still think you need to exhaust the complaints procedure before approaching JR.

mothballed

pd001 wrote: »

I have made many mistakes in my life but I am proud to say I have never made that one.

I never had a choice, the CSA persistently called my mobile but legal advised I must always ask I call them back from a landline to capture the 'calls may be recorded or monitored for staff training purposes caveat, or a recorded message that contains child support agency before the telephone conversation starts. I think it was a legal thing, but you are right, its better to keep everything on record, the CSA has already tried to get out of making one comment which was captured on an answer machine.

I am anticipating the CSA will try and tell me they asked me for five payslips when they actually asked for two. If a tribunal takes the CSA's assertion as fact then I can produce the tape under PACE 1984 and it gives me a 100% guaranteed win on both appeals quickly and cheaply. In this case the CSA telephoning policy has worked in my favour.

mothballed

kelloggs36 wrote: »

So I can't see why the fact that the house belongs to your uncle and he doesn't live there, makes you a non-dependent. I think you certainly have a case, BUT it is whether the appeal process will allow you to get to a hearing about it.

We are cooking on gas! I think it was a simple case of NPR-landlord surnames are the same and the CSA assumed non dependent status.

mothballed

Sensemaya wrote: »

Mothballed

Why don't you PM NACSA Chair and have a chat with her. Then decide whether it is worth joining.

Yes, I think we have enough case-material together to approach the advice agencies and pool their opinions.

Sensemaya wrote: »

I would be also asking for your data protection files..see sticky link for address ( but thry will take ages to come through)

I think thats already done, something to do with Section 7 of the Data Protection Act?

Sensemaya wrote: »

and I can't remember whether I've mentioned this before but how about going to the Commissioners on a point of law.

http://www.osscsc.gov.uk/AboutUs/aboutUs.htm

http://www.osscsc.gov.uk/AboutUs/CasesWeHandle/childSUpportMaintenance.htm

I think legal is already on to it, he is doing this out of goodwill (pro bono) at the moment because I have given him lots of work in the agricultural business before the CSA case started. He is also a personal friend from grammar school days but he has never worked in CSA before. I think he is relying on Law Society connections and consulting on my case among solicitors and barristers in discussion groups within the legal profession. Its discovered some excellent stuff!

Sensemaya wrote: »

I still think you need to exhaust the complaints procedure before approaching JR.

You are right. Im starting at the bottom in posts #441 and #448

mothballed

kelloggs/sensemaya. Formal complaints procedure:

a) Is this an application form I complete or do I write a plain-english letter? and..
b) Do I need to quote the legislation I will be relying on?
c) Do I make a separate complaint on each matter?, e.g. classed non-dep, exceeded 30% net annual salary, and employment income forced below threshold, etc.
d) Do I make these complaint(s) concurrently with the appeal applications?

Jamoe

Good luck with everything mothballed. I have to pay £153 per week for 2 children on the old system, if I was on the new system I would only pay £96 per week. How the hell can the CSA get away with this? I have tried getting help from my local MP but I might as well ran into a brick wall head first.

mothballed

Its the law I'm afraid and no MP can do anything that subverts legislation. Not even a judicial review can help unless you are claiming unlawful discrimination because other parents are paying less money for the same liability. From what i've gethered on this forum, you can switch to CSA2 by:

1. Having a willing PWC close the case at the CSA for more than 13 weeks consecutively

2. You go live in France (ligitimately) a whole year spending less than 89 nights in Britain in a fiscial year and become non domicile, and non deemable domicile if you remove assets or accounts in britain. You will pay a maximum 20% under French Cour de Cassation rules handling a UK REMO application. Liability is zero if you can prove you are an excluded parent e.g. police arrest document, bail, injunction etc but you must not be (criminally) convicted of the offence otherwise you become liable again.

3. Come to a private arrangement with PWC

4. Children come live live with you more than 5 nights a week.

A forum poster on here indicated that having another child and you can ask the CSA collect maintenance from you, and this will convert your case to CSA2

Jamoe

As it happens my wife is 3 months pregnant and I don't know when I will have to tell the CSA as we will need to buy baby things eg nappies, pram etc.etc.
I don't suppose they will lower my payments much to compensate for our child either. There just seems to be no fairness with the CSA and I will never have a telephone conversation with them again as it tends to cause so much more stress and worry.

Loopy_Girl

mothballed wrote: »

4. Children come live live with you more than 5 nights a week.

It's 4 nights of the week, not 5
A forum poster on here indicated that having another child and you can ask the CSA collect maintenance from you, and this will convert your case to CSA2

Incorrect. They will not convert it, they will phase it over a period of 5 years and in that time the payments would be part CSA1 and part CSA2.

If you are going to give out advice OP, please ensure it is correct as there are lots of people who read this board but don't neccesarily post and could think the information you post is as read.

kelloggs36

It is just a letter of complaint. I would do one letter, but list the issues you are raising and make it clear that you want a written response to EVERY issue that you are raising with them. Quote what legislation you feel has been interpreted incorrectly and ask them for clarification on their decisions. You want to know what evidence made them state that you are a non-dependent. You want to know why your request for a change in circumstances was rejected. Once you have that info, you can take it further knowing which standpoint they will take.