The 13 Month Appeal Process

blimey40

Is this from the time of the first letter you received from the CSA, in regards to the arrears?

If the libaility order was served within a 2 month period, do you have right to appeal?

kelloggs36

Did the letter advise you have a right of appeal against them? Normally you have the right of appeal against an assessment, not arrears.

LizzieS_2

You have a right of appeal against any court order, the appeal is to the court not csa. Not sure of timescales though I thought it was something like 28 days.

blimey40

Never received a breakdown for the arrears !!

bdt1

B40.

Again, we been there - still in process of getting t-shirt.

Yes you can appeal from date of decision, you should, as Kelloggs states be informed of the appeal time limits on each letter received, but you can appeal 'out of time'. This is then referred to CSA Appeals Dept and then on to Independent Tribunal who will then decide whether or not to grant an appeal hearing - if they feel there is insufficient evidence, they MAY not grant you a hearing at all. But it is possible.

We have never received specific info as to how assessment calculation was made in our case, even CSA Rep in Court at LO order hearing, couldn't answer Magistrate as to how they had reached their figures, when cross-questioned she said she didn't know. All only became apparent months later when DP File was received way beyond 40 day legal requirement, and was also 'incomplete' still not received missing info nearly 8 months later ICO agree.

Have you tried your MP ,writing to CSA CEO, sending all evidence to CEO and CSA appeals Dept, and there's always James Pirrie/Stephen Lawson legal experts for advice

DONTQUOTEME

I don't think there a right of appeal against a liability order. You can try and request with the court were the LO was granted to 'set aside' the LO. They will probably only do this though (if it is possible) if your can PROVE that the maintenance was paid when is became due. They will not discuss your rate of assessment, or the circumstances you arrears accrued.
The CSA do not have to provide YOU or the court with an account breakdown. Its not a statutory requirement, and as a result only done when the arrears are £10,000 or more. And this is only because its internal guidance.

blimey40

I have a solicitor on the case and he is going to use an MP if they don;t get a move on. All records of personal payments to my daughter from 2002-2005 on in both bank records. my daughter is now 23.

Just to confirm if the debt is over 10k, they have to provide a breakdown? they are certainly going back to June 2000 and maybe before.

Am still waiting and the DP files as well.

Without being too sensitive what would the DP files contain?

kelloggs36

Payments made direct to your daughter do not count towards maintence or arrears - payments have to have been made either to the Ex, or via the CSA if no direct pay was in place.

blimey40

I know that now!! That's why the CSA are chasing me now I guess. Fully aware they are treating it as "pocket money". problem is when you don't receive one letter from 1996-2008, you presume and not being told age is (19), that it was okay/not okay when you are paying directly. Ex was on benefits and I guess, didn;t want it declared?

What kind of info is in the Data Protection files?

Ccj's, income, NI, tax etc, DVL, passport info?

kelloggs36

Data protection files contain all the notes pertaining to your cSA case - telephone conversations, assessments, letters etc, court action.

the reason I said about the payments being disregarded was because you implied in your post, that your solicitor was looking into this particular matter.

pd001

kelloggs36 wrote: »

Payments made direct to your daughter do not count towards maintence or arrears - payments have to have been made either to the Ex, or via the CSA if no direct pay was in place.

Maybe one for the sticky as follows......

Never make any form of payment direct to your child/ren in lieu of child support arrangements!

It is very likely that if the CSA becomes involved at some time in the future, then any such payments will be regarded as merely 'pocket money for the child' and not child support.

Child support payments should be paid via the CSA, or if a direct arrangement is made with the PWC, then payments have to be properly, and fully, documented.
If direct payments to the PWC are not properly and fully documented then in the eyes of the CSA, if involved at some time in the future, they won't count as child support arrangements.

Do it properly or maybe weep at some time in the future!