Committal to prison - can I ask the magistrate to strike out the debt?

Loopy_Girl

Okay...methinks we are all getting confuddled here!!

When you said that they concealed the right to appeal, I was asking why you didn't appeal when you got the first assessment letter from them....now I am assuming you recived the letter just after 2002 and then you go on to say that you were living in squalor etc etc.

So I suppose the question is...DID you appeal the initial decision when you first received it and claimed it was wrong?

kelloggs36

Have you checked out the laws regarding habitually resident? I suggest you read them thoroughly.

Did you notify the CSA of your address in Manila? If not, then you can only seek to your own actions as to why the CSA were unable to contact you at your address of residence. If you still have things registered here in the UK, then those addresses will be accepted by a court as being your official residence - did you not notify the relevant authorities of your address abroad, eg inland revenue, DVLA, bank etc?

Light_Speed_Cruiser

Confuddled? thats because hindsight is only good if you can turn the clock back. Hypothetical discussion doesnt do alot here because the CSA has already decided I am out of time to appeal - unless that is another CSA lie?

I received no letters that advised me to appeal and the data protection bundle confirms they they were sent to the wrong address anyway. The CSA were busy tracing me to this and linking me to that.

My enquiry is to deterine the risk of going before a magistrate and asking for the assessment to be dismissed. Do I just claim Professional Incompenence and hold a wad of CSA letters and documents with all those mistakes on them? or does the magistrate consider a detailed impartial trial?

sabretoothtigger

Philippines and come back when the statue of limitations kicks in

Light_Speed_Cruiser

The law on habitual residence is less then 89 nights in the UK and I fall into that description for 2003 to 2008 for tax purposes under HMRC rules.

The CSA was notified I was in Manila and two of the letters are in the data bundle but it was the CSAs choice to disregard them and considered me deemed domicile.

The bank did not allow a Phillipino address for bank accounts and credit cards so a c/o address was used and the CSA construed that to be a living address - and even sent bailiffs there.

marksoton

sabretoothtigger wrote: »

Philippines and come back when the statue of limitations kicks in

It doesn't apply to CSA arrears.

Loopy_Girl

sabretoothtigger wrote: »

Philippines and come back when the statue of limitations kicks in

That's classy.

Debts post 2000 aren't governed by statue limitations.

Loopy_Girl

Light_Speed_Cruiser wrote: »

Confuddled? thats because hindsight is only good if you can turn the clock back. Hypothetical discussion doesnt do alot here because the CSA has already decided I am out of time to appeal - unless that is another CSA lie?

I received no letters that advised me to appeal and the data protection bundle confirms they they were sent to the wrong address anyway. The CSA were busy tracing me to this and linking me to that.

My enquiry is to deterine the risk of going before a magistrate and asking for the assessment to be dismissed. Do I just claim Professional Incompenence and hold a wad of CSA letters and documents with all those mistakes on them? or does the magistrate consider a detailed impartial trial?

It's not hypothetical. You had the right to appeal from the outset when the assessment was wrong. I am trying to establish whether you chose to pursue that avenue or whether you just decided to 'retire' to Manila.

Anyway even if you do get sent to prison, the debt still stands when you get released.

sabretoothtigger

What happens when someone leaves the country for 10 years, do they have to pay it back when they return, does it accrue interest, etc?

Never realised kids were so expensive, 37k for 2 kids in 7 years

Loopy_Girl

sabretoothtigger wrote: »

What happens when someone leaves the country for 10 years, do they have to pay it back when they return, does it accrue interest, etc?

Normally if you leave the country then the CSA entitlement through the UK ends although there are some countries that you can try and claim it from.

Australia also has a CSA like ours and it has been known for UK cases to get transferred to them if the NRP moves over there.

In this case however the CSA are saying that the NRP moved to Manila to avoid paying the CSA so have decided still to pursue him. In his eyes he tried to run away from the problem but they are not allowing it.

Anyone is entitled to choose where to live and work but you would hope that the children left behind do not get forgotten about.