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

Light_Speed_Cruiser

Its official: The maximum level of maintenance that can be taken is 30% of your net income.

Comments anyone?

Light_Speed_Cruiser

Herbie21 wrote: »

Have you contacted NACSA CHAIR as I am certain that she will know the answer to this one.

I'm talking with a solicitor and a well-informed contact. I'll speak to NACSA if they dont trump the goods. Im following a goiod lead. (to follow)

Light_Speed_Cruiser

The CSA officially wrote saying I am out of time to appeal against a decision not to accept my change of circumstances letter and rule that I am depriving myself of income and continued the assessment as though I still worked in the UK.

The CSA letter says its refused because I asked for an appeal more than 13 months after the decision was made.

S.3 of the Child Support Appeal Tribunals (Procedure) Regulations 1992 says I can still appeal out of time where I can show I was informed of the decision within the time limit.

The data bundle confirms the CSA did not inform me within 13 months of the decision because it refused to correspond with me at home in the Philippines and sent letters elsewhere contrary to s.7 of the Interpretation Act 1978.

The CSA official who wrote the letter refusing an appeal commits an offence under s.2 of the Fraud Act 2006 because it tried to obtain a money transfer of more than £37,000 by making a false representation of the law.

I have been recommended to pass the documents to a police authority to investigate whether the CSA has exposed me to the risk of financial loss.

I have nothing to lose. Comments anyone?

blimey40

The CSA defintely subtracted 30% from me with no considerations to anything else, from CSA 1

it was £90 a week from a £270 a week wage and thats the figure they have in the arrears.

Also you can add an automatic 8% interest from the courts, who also benefit by issueing the Liability order.

its a pure con, pure and simple.

Light_Speed_Cruiser

I've known my well-informed contact all these years and he has kept a dark secret. For 12 years he has been sitting as a magistrate in leafy suburbia dealing with anything from drug-dealers to drunk drivers, it explains his uncanny knowledge on liability orders. Most of them are council tax which he signs in bulk, seldom a CSA court presenting officer.

Tonight I got the low-down and I thought I’d share it.

The magistrate CAN revoke the liability order provided it can be shown that the CSA failed to comply with:

i) Section 34 of the CSA 1991 or
ii) Regulation 27 of the Child Support (Collection and Enforcement) Regulations 1992 or
iii) in breach of an Act of Parliament, e.g. Section 7 of the Interpretation Act 1978.

The bad news, the magistrate:

i) CANNOT enquire into the assessment calculation
ii) CANNOT quash the debt.

If the LO is quashed, the CSA can apply for a new one for the same debt.

Double jeopardy only applies to criminal offences. Section 75 of the Criminal Justice Act 2003 forbids a defendant from being tried twice for the same crime on the same set of facts.

Committal to prison under Section 40 of the Child Support Act 1991.

The good news, the magistrate:

i) CAN quash the Liabity Order
ii) CAN enquire into the maintenance assessment
iii) CAN make debt making it legally unenforceable

At court, the NRP must say to the magistrate "I do not have the money" (or have the duty solicitor do it for you) and the court can inquire as to the liable person’s means. The application is adjourned then dismissed if no funds are discovered.
The Bad news,

The CSA can reapply for committal for the same liability but a liable person can ask the court to dismiss the application because it is vexatious.

The CSA can disregard the magistrates recommendations to quash the debt but it becomes legally unenforceable in the courts.

It appears this is probably not the best route for my case.

More to follow.

bdt1

I believe - as we have been in a similar situation! That you can apply for an Appeal Tribunal to be heard after the 13 month deadline(out of time), and recommend you then send as much evidence to the Appeals Dept at CSA as possible(recorded delivery of course)..it is then up to the Appeal Tribunal whether or not they will hear it even though it is out of time.

Good luck, we have had 2 letters from CSA Appeals Dept stating that our appeal application exceeded the 13 month limit - even though it was well within it and we had the proof - they have corrected this twice, but state that out of time it is not the CSA decision whether or not to go ahead with appeal but the Tribunal decision - may be worth a go

blimey40

Don't forget the 8% interest per year, made by the courts on each liability orde served.

Light_Speed_Cruiser

Btd1: I think you are right and the CSA deliberately concealed this from me. As I am not in the UK long enough to process an appeal, I will probably give the case to Stephen Lawson. Chances are I will never know the end-result, so if an appeal fails the CSA will eternally churn its debt round and round on its computer Amen. I'm only doing it as goodwill for the CSA's benefit, not mine.

blimey40, do you know what child support legislation provides 8% interest? I only know Section 69 of the County Courts Act 1984 but nobody has made an award.