CSA Breakdown of Arrears

Light_Speed_Cruiser

blimey40 wrote: »

The problem I have is this

A Liability order is served based on providing NO BREAKDOWN in court

The liability order wont give you a breakdown, the document layout is prescribed in Reg 29(1) of the Child Support (Collection and Enforcement) Regulations 1992, and the Courts power to challenge the assessment calculation is revoked by way of Section 33(4) of the Child Support Act 1991.

blimey40 wrote: »

You then get a breakdown sent to you personally (eventually) which is flawed and miscalculated.

Trubunal deals with flaws and miscalculations, you need to have your facts right before approaching the Tribunal service. Try to find out why it is flawed and miscalculated.

blimey40 wrote: »

Appealing against a LO never works, I know of no-one who has won an appeal.

A LO has been served wrongly, how does it get put aside or quashed?

How was it served wrongly?

There is little point is applying for a quashing order becasue the CSA apply for another one. It is a civil proceeding and exempt from the double-jeopardy rules preventing a suspect being put on trial for the same offence twice on the same set of facts.

A quashing order can be made in the Administrative Court or you can ask the magistrates court. I showed that I didn't live at the CSA 'confident' address proving it to be in breach of Section 7 of the Interpretation Act, Section 34 of the Child Support Act 1991 and Regulation 27 of the Child Support (Collection and Enforcement) Regulations 1992.

It had no impact on the CSA who carried on as though the LO was still valid. It only stopped enforcement in the courts and doesnt change an assessment. Trying to resolve it with the CSA was fruitless and I found it easier to have lawyers do it.

Kath_999

So if an LO is granted can the figure on the LO be changed if the case is reviewed (after the LO is served) and the amount owing is found to be less?

Light_Speed_Cruiser

Yes, the amount can be varied and even completely nullified.

pd001

Light_Speed_Cruiser wrote: »

Yes, the amount can be varied and even completely nullified.

How does that happen then?

Light_Speed_Cruiser

You go to appeal then tribunal, if your case stands the liability is adjusted accordingly or is written off.

blimey40

light cruiser you wrote

showed that I didn't live at the CSA 'confident' address proving it to be in breach of Section 7 of the Interpretation Act, Section 34 of the Child Support Act 1991 and Regulation 27 of the Child Support (Collection and Enforcement) Regulations 1992.

I can defin itely do this, but the LO has been served. None of the details were sent to a correct address in the first place? How can a LO, not have to be paid on the basis of a wrong address?

DONTQUOTEME

Light_Speed_Cruiser wrote: »

You go to appeal then tribunal, if your case stands the liability is adjusted accordingly or is written off.

Incorrect I'm afraid. If the CSA make a decision which inturn reduces the arrears owed on the liability order, then they will adminstratively amend the liability order - they do not amend it with the court, and there is no need to to go through the appeals process to have this implemented.

The appeals process is there only if you disagree with a decision the CSA have made, and also that you have grounds to appeal that decision.

pd001

DONTQUOTEME wrote: »

Incorrect I'm afraid. If the CSA make a decision which inturn reduces the arrears owed on the liability order, then they will adminstratively amend the liability order - they do not amend it with the court, and there is no need to to go through the appeals process to have this implemented.

The appeals process is there only if you disagree with a decision the CSA have made, and also that you have grounds to appeal that decision.

So, if I have understood correctly...arrears only here, no ongoing liability

Csa impose a liability order for a penalty assessment......Massive figure!
Csa then convert penalty assessment, (after they have been given most of the information that they need to convert this penalty assesment) to an arrears figure which is much less than the penalty assessment.

The csa then automatically reduce the liability order to the new, lesser figure?
Is that correct?

kelloggs36

Yes it is correct and they will only seek to recover the amended amount. They will also do this if there is a charging order in place.

pd001

kelloggs36 wrote: »

Yes it is correct and they will only seek to recover the amended amount. They will also do this if there is a charging order in place.

Liability order means I have a penalty assessment debt pinned to my name of £xxxxxx.xx (massive figure)
The revised converted figure is £xxxxx.xx (much less)

Is the liability order automatically cancelled with the court when the debt is paid off?
How am I released from the liability order?