LO and The Courts

evie451

it would be a bit of a flaw in the system if an NRP had to actually sign something! i mean my NRP hasn't complied with anything the CSA have issued him with for over a year now but he still has an assessment which is going forward to the liability order stage soon!
However he did make one payment into his dd's bank account (not to me specifically) but as i have control of the account the CSA asked me if it was for child maintenance and i said yes. This amount was then deducted from the liability order amount so presumably the OP's ex has been asked the same question?

kelloggs36

Lizzie is right - if the CSA can show that they posted the MEF to an address where you were living at the time it was issued, then they have you. If however, you can prove that you lived elsewhere, then you have a case against them and they can wipe the arrears.

pd001

kelloggs36 wrote: »

Lizzie is right - if the CSA can show that they posted the MEF to an address where you were living at the time it was issued, then they have you. If however, you can prove that you lived elsewhere, then you have a case against them and they can wipe the arrears.

Cast iron proof is required

blimey40

I definitely did not live at the address and it can be proved.

it was avendetta against an ex girlfriend from my ex, if you get my drift.

pd001

blimey40 wrote: »

I definitely did not live at the address and it can be proved.

it was avendetta against an ex girlfriend from my ex, if you get my drift.

You are on a winner then if you can prove that you did not live there when they contacted you

kelloggs36

What evidence do you have?

blimey40

Several things to be honest.

Just to add, my daughter was paid for and looked after financially (which I DO UNDERSTAND NOW will viewed as "pocket money", so I am not an absent father.

It does show seem the CSA are simply trying to finish all unfinished cases, never started cases and in some cases con there way to making fathers pay huge amounts to save grace from there peers. Don't get me wrong, fathers should pay and the ones that don't care deserve to be caught, but not at the expense of genuine fathers. The flaw in the system does not allow for arguements on both sides

Rest assured I have never lived at the address used by the CSA.

Mr_Green_Genes

kelloggs36 wrote: »

What evidence do you have?

How do you prove a negative though?

Sunsh1ne

I suppose your best bet is to have very clear evidence that you were actually living elsewhere and for there to be nothing that ties you to the address where the MEF went. Utility Bills, council tax and being registered on the voters roll at another address would help.

I'd be prepared for the long haul though. The liability order hearing does not typically allow a NRP to bring up any isses they have regarding the validity of an assessment and your "pocket money" comment regarding the money you paid is about right too

The CSA may argue that you must use their own appeals and complaints processes and that a magistrate has no right to examine the CSAs assessments.

In my experience many magistrates will seek further proof from the CSA, whilst other will just grant the order because they doubt their legal right to look at the issues you are raising. Sounds crazy I know but I wouldn't be 100% certain of success at the first hearing.

Your best bet is to have a plan B of what you will do if things go badly. Have you raised your concerns with your M.P or complained directly to the chief exec of CSA yet?

kelloggs36

Mr_Green_Genes wrote: »

How do you prove a negative though?

The NRP can ask for the dates and addresses where the CSA sent the documents. Rest assured that it won't have only been a single MEF sent, but letters chasing them up aswell. One letter may go missing, but a series of them is highly unlikely.

What I am asking is if the OP has evidence that they were living elsewhere, such as a letter from the council stating that they were resident and liable for council tax at an alternative address, the address held at the time by the banks and any other authorities, employer records showing contact details at the time, then this has to be looked at. If refused, then an appeal will be the best bet. If you don't have anything, then it will fail as there has to be some physical evidence that the CSA sent mail to a wrong address. Just saying that you didn't live there is not enough - there will be records somewhere, so it always pays to keep stuff!