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

marksoton

sabretoothtigger wrote: »

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

In your estimation what do they cost for that period ?

Light_Speed_Cruiser

That is why I am looking at the risk of going before a magistrate.

No written opportunity to appeal was made, bundle confirms this, and there is no evidence of a decision on my part not to appeal.

The CSA had every opportunity to correct the assessment. I was unaware the CSA treat the bailiffs statement truthful. There is even a document from a CSA court officer saying I telephoned her saying I would make arangements to clear his debt. It has not been sworn but the court appears to have accepted it as truthful. My passport visas contradict that position plus the data bundle shows the notice to defendant was sent to the wrong address anyway. The CSA own documents have shown it has lied about me contacting them by phone and thus lied before a court to get a liability order. This is why I would prefer to present the evidence to a magistrate, there might be a finding of perjury.

kelloggs36

ARe you sure this is a full assessment and not an IMA? This would be because they didn't have your income details at the time?

What reasons did you give to the CSA of your moving to Manila? It is extremely important.

sabretoothtigger

marksoton wrote: »

In your estimation what do they cost for that period ?

True per year that would only be 2.6k per kid or 50 a week, its just amazing how it adds up so quick but I think many people without kids would underestimate this cost

Light_Speed_Cruiser

It was the other way round, I would have taken my children back without hesitation. I have two grown up sons from a previous marriage without problem.

There no "running-away" about it at all. The Philipines do have a reciprocating arrangement with GB on child maintenance but subject to Philipino law. Its dollarised and earnings are much lower than in the western world. If a UK parent claims reciprocal child maintenance, the law require the other parent is offered custody. If declined then they pay the claimant parent child support. Broadly speaking the parent who is capable of supporting the children without state funding gets custody.

tamsin1982

sabretoothtigger wrote: »

True per year that would only be 2.6k per kid or 50 a week, its just amazing how it adds up so quick but I think many people without kids would underestimate this cost

many people with kids under estimate this cost :rotfl:

op I think the point loopy is making is that on every letter you get from the csa it says you have the right to appeal if you think this decision is wrong - do you have any of these letters?

did you tell the csa you were moving because the csa payments were making it impossible for you to live here?

Light_Speed_Cruiser

Its a full assessment based on certified accounts, but the data bundle shows my ex was telephoning them I was using girlfriends to divert income and reduce maintenance.

I didnt mention Manila to the CSA until after arriving and I wrote to them in duplicate. One copy by airmail direct to the CSA the other via a UK intermediary who put it inside an English envlelope and posted to the CSA recorded. Both recorded envelopes with airmail hidden inside reached the the CSA but neither direct airmails were in the CSA data bundle.

It confirms the CSA does not accept airmails and disposes of letters that do not suit them.

The letter is very brief. Headed 'Change of Circumstances' and says I am living in Manila and touring with my agent here is my new address. It doesnt give a reason who I moved or mention anything like "because the CSA is making it hard t live in the UK" It was the CSA's choice to ignore it and go sending mail around the UK.

No letter was received my me offering an appeal, the CSA data bundle confirms they were sent to the wrong address.

Are these questions posed here the sort likely to be presented by a magistrate, or just simple inquisitiveness?

Loopy_Girl

Light_Speed_Cruiser wrote: »

Are these questions posed here the sort likely to be presented by a magistrate, or just simple inquisitiveness?

People are trying to establish whether you followed correct procedure - nothing to do with being nosey.

If you find the questions intrusive then, as none of us as laywers and merely give our support and advice for free, I suggest you contact an expert in law and ask the question.

If you didn't appeal at the outset when you knew something was incorrect then you didn't give the CSA a chance to correct the incorrect assessment that you say was served upon you.

kelloggs36

Was it a departure that was granted, or the threat of one?

Light_Speed_Cruiser

The CSA was given every chance to put it right, the CSA even threw the phone down on me on one occasion while I asked them to fix it. They wouldnt even tell me their source of information citing "government information" (data bundle now confirms it was ex wife!). The data bundle also confirms letters and a appeal form were sent to the wrong address and I want to contend Professional Incompentence at the magistrates.

We seem to be repeating ourselves in this point. The data bundle confirms the CSA knew my address and received two Philipino letters notifying a change of circunstances, but it was the CSA's choice to ignore them.

I have sought expert advice from two solicitors both experts in CSA, only a short QA phone consultations answering a list of pre-formed questions. The only matter unanswered was determining the authority and tendencies of magistrates in a committal proceeding. No solicitor would comment officially so I'm here looking for anyone who has attended a such a hearing and can share that experience.