LO and The Courts

blimey40

I am going to court next week.

I am well equipped to deal with it now, but what information do the CSA need to present an order for a LO to be served?

Is it simply the debt only?

catsnfings

Sorry to be stupid but what is an LO??

Something... Order obviously

bdt1

In our case they didn't produce a thing, not one shred of paperwork or evidence, Magistrate approved it anyway - very reluctantly - she stated she couldn't believe she didn't even have powers to adjourn it pending further investigation, but that the CSA for you.

Apparentlythey haveto provide CSA form (550 - I think) this is the CSA final decision that the debt has been assessed as owed

blimey40

well, no maintance form was ever signed and they have a wrong address. So not looking too good for them.

Plus, I paid my daughter into her account, so a waste of everyone's time.

Donedoingdebt

blimey40 wrote: »

Plus, I paid my daughter into her account, so a waste of everyone's time.

Unfortunately, this may not be so.
From what I've learnt on other posts, the Child maintenance has to be paid to the PWC & clearly marked "Child support for XXXXXXX" & there has to be clear evidence that this has happened such as Bank statements showing the Standing order/Direct Debit/cheque etc or whatever other means of payment were made.

pd001

Donedoingdebt wrote: »

Unfortunately, this may not be so.
From what I've learnt on other posts, the Child maintenance has to be paid to the PWC & clearly marked "Child support for XXXXXXX" & there has to be clear evidence that this has happened such as Bank statements showing the Standing order/Direct Debit/cheque etc or whatever other means of payment were made.

Correct, all payments have to be properly documented.
The following information has been posted on many threads on this board where cash payments are being made, in respect of a private arrangement, and where there is no CSA involvement.

Document it properly, and by that I mean you should make sure that there cannot be any misunderstanding in the future.
You should do more than just cross the cheque.....you should also send a letter with each payment that you make, to the effect that the payment is specifically made to support your child (ren).
edit...You should name the child (ren) that the payment is for.
edit...The letter has to state that the money is for child maintenance and it must also stipulate for what period.
Keep copies of these letters, DO NOT LOSE THEM!
Make sure that each letter is dated with the same date that is on the cheque.
DO NOT make cash payments!
Postal orders will suffice provided that you keep the stub, DO NOT LOSE THEM!
Ensure that it has the correct name in the payee section. Ensure that you cross the order or make sure that it is crossed when you buy it. If you dont cross it then it can be cashed and is much more difficult to trace in the future. Dont forget to sand a letter with the postal order as I have specified above.....and again...very important indeed...
DO NOT make cash payments!

[FONT=&quot]Thanks to kelloggs36 who posts on here for some of the above information

[/FONT][FONT=&quot]Similar documentation is required no matter how payments are made[/FONT][FONT=&quot]
[/FONT]

blimey40

To be honest, you are right.

it will be classed as "pocket money", but I am ready for the battle. Have standing orders and bank statements all ready now.

They could have contacted me anytime between 1996 and 2008, they decide to contact me when my daughter is 23 and never once bothered to contact me, in between that time. Its a shambles.

kelloggs36

Did they make contact initially to set the amount? If so, then you will have to pay - it doesn't matter if they didn't contact you in between as you will have been aware that the CSA were involved and they will argue that there was nothing stopping you from chasing them up. The key point is whether you received the MEF in the first place.

bdt1

Sorry but it will go ahead anyway

blimey40

never signed any MEF, just waiting for my Data Protection records to confirm this.

LizzieS_2

Whether you signed the MEF is irrelevant - thy only have to show it was posted to a confident address.