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

Light_Speed_Cruiser

If you account is GBP and regulated by the FSA then its probably traceable. The CSA has been giving my namesake living in Weston Supermare a hard time and put all his bank statements on my data file. A slight whoopsy with the Data Protection Act.

If you have an accountant and your own business trading largely abroad then ask for a USD account. My profession is not lucrative because its an expensive business, lots of overheads and vulnerable to economic downturn. The CSA levying on the entire business turnover simply didnt work.

Have you had a sols consultation? prepare a list of questions and pick his brains for ten minutes. Its amazing what you can do in ten minutes and write everything down.

It looks like you are in stalemate, you might want to give the CSA one more chance to do it right or start looking at more hospitable shores. Emigrate2009 at Sandown Park last weekend had an interesting stand offering cash-strapped NRP's a new life abroad. It had a 'wealth of information'. Not much work in entertainment for someone my age now.

Light_Speed_Cruiser

If the CSA or the court did not give you seven date notice of application for a liability order then its not compliant with S.33 of CS Act 1991.

I dont yet know whats involved in quashing it, I may be the guinea pig. My instinct says if you do quash the liability order but not the assesment, the CSA can simply get another liability order and that is why I asked about the legislation on double jeopardy. You can ask for the application to be dismissed but you will need the Act of Parliament.

blimey40

you definitely cannot be put in prison twice for the same offence and I have heard, that even though the CSA do not tell you this, they have refrained from pursuing it after you come out.

I don't want to go down that route, to be honest.

You mean solicitors consultation?

No, not yet. But will very soon

Light_Speed_Cruiser

I know the CSA cannot imprison twice but that might only be limited to CSA law.

If you can show the LO is not compliant with S33 of the CS Act 1991 and/or the S7 of the Interpretation Act 1978 and demonstrate the mess the CSA have made of the assessment then it might be worth exploring the possibility of asking for an audience with a magistrate.

Whether a committal hearing or being granted an audience, I want to make a ten-minute presentation where I hand CSA documents one by one over to the magistrate explaining each mistake and hand over supporting evidence proving the contrary, I'm making a case of misfeasance and incompetence. Then I pass the CSA bailiff statement where he claimed to have spoken to me in person at an address in Slough and a CSA court officers claim I telephoned her saying I will pay the debt. I show my passport visas, travel tickets and tour itinerary etc, if the magistrate accepts a liability order hearing treated those documents as fact then there's case under Section 1 of the Perjury Act 1911. Then hand over the liability order application notices and documents proving the CSA obtained evidence from my ex and used it to increased the assessment and sent letters to addresses in Chorley and Weston Supermare, I hand a copy my certified business accounts as held on CSA files and we have a case under Sections 1 to 5 of the Fraud Act.

To sum up my defense I'll ask the magistrate to dismiss the committal application and quash the assessment in its entirety because it is unlawful and the CSA’s handling of the case is fraudulent frivolous and vexatious and their decision to impose a debt be disregarded.

I'm speaking to a magistrates court on this at the moment exploring a possible avenue to approach a magistrate.

LizzieS_2

blimey40 wrote: »

you definitely cannot be put in prison twice for the same offence

Agreed and it does apply to the csa too. Be careful though as they can apply for imprissonment against each liability order separately.

blimey40

section 33 is simply the point of law they use in court to pass the liability order.

Soon, the CSA won't even need to go to the courts.

it beggars belief, it really does

Light_Speed_Cruiser

Its Regulation 27 of the Child Support (Collection and Enforcement) Regulations 1992

The law says the CSA must give the liable person 7 days of intending to apply for a liability order.

An imprisonment hearing is easy to defend, the burden of proof is "culpable neglect" and a defendant can say he doesnt have the money or show the errors in the CSA paperwork.

DONTQUOTEME

They have to give you 14 days notice when they issue the summons, 28 days if you aren't in the country.

kelloggs36

I was asking if a Departure had been awarded already - you have misunderstood me. I was wondering if a departure had been awarded because of an application made by the ex for diversion of income or that your income was inconsistent with your declared income.

Herbie21

There is a expert on MSE that can help you with this and a section for CSA.

You need to send pm to NACSA CHAIR.

NACSA are a firm that will look at an assessment and see whether the figures are correct and will even assist will appeals. We have many good reports of them and they are a frequent poster in the CSA section.