CSA Right or Wrong

Blob

You don't understand, you can't set an assesment that is over 48 hours a week. that is the law, if you do it matters not one jot if you can change it after the event it can't be done in the first place as it is unlawful. This will also cover an bonus payment as well.

By implication if you set an assesmetn that is covered by a DEO the Order is then unlawful as it requires the said person to work over 48 hours a week to meet this obligation. In doing that you have exceeded the law and the powers of the CSA as they have, like it or not been caped, no order can be made that means that someone has to work more than 48 hours, it matters not if they work the 148 hours a week and recieve £1M a year in bonus, 48 hours is the max that can be assesed or ordered, by Order of the Court of Appeal. THey make the Law the rest of us have to live with it and that includes the CSA, weather you claim that it is incompatable, you will not find a Judge that will go against a decision of the Court of Appeal as it is a bad career move on thier part.

Hope this helps you understand that the CSA are not above the Law and that us little people can and do fight and on occasions win!

kelloggs36

By implication if you set an assesmetn that is covered by a DEO the Order is then unlawful as it requires the said person to work over 48 hours a week to meet this obligation.

No it doesn't as a DEO can be amended immediately that they are notified that you no longer work those hours - it is you who is choosing to work those hours, that's the point. You are alleging that the CSA are making you work those hours to pay the assessment, they aren'tt - you are working those hours and so are being assessed on them - it isn't the same thing at all. If you stop doing it, the assessment would stop wouldn't it? simple really.

Blob

You are correct it is very simple! Any assesment that takes into account more than 48 hours is unlawful, that is the amount that is the most it can be set at, it really is not a difficult consept.

The Court of Appeal has said so, what is difficult in that?

If you amend something that is unlawful it can't then make the original lawful!
48 hours is the max that can be assesed no matter how you want to wrap it up.

The Court of Appeal has the power to change the law, that is in our constitutuon, and I know that the CSA don't like this as they try to keep away from Courts as Judges make their life very difficult by not agreeing with them! We have an independent Judicary and they are there to protect the citisan and to interpret the law, they have done this and that is their decision, where is the problem, other than with the CSA's point of view?

I might have some sympathy with your argument if it was based on an understanding of the test case however it is not, even the CSA did not turn up for the hearing, so where is the problem?

LizzieS_2

Blob, can you provide a link to the court of appeal decision?

Mr_Green_Genes

LizzieS wrote: »

Blob, can you provide a link to the court of appeal decision?

I second that request. Watching a "did-didn't" argument on a forum rapidly loses its charm when a simple link would sort it all out.

pd001

LizzieS wrote: »

Blob, can you provide a link to the court of appeal decision?

Still waiting

Blob

Sorry, have only just got in, I have a life strange that! I am also in the process of setting up a branch of the Falklands veterans group SAMA 82, in my view more important than this! We fought and died for this country so that the CSA can give us more hell! Some of my friends did not come home, a good job the CSA was not in situe then as some of them got 'Dear John' letters and they had kids! Some of us are still fighting the war and have real problems, and they are the people that I am trying to help, do hope that you understand!

Do you mean the CoA case number or what, as I am sure that there are a number of places that it is a vailable?

Will not be back on this site now till tommorow.

pd001

Blob wrote: »

Sorry, have only just got in, I have a life strange that! I am also in the process of setting up a branch of the Falklands veterans group SAMA 82, in my view more important than this! We fought and died for this country so that the CSA can give us more hell! Some of my friends did not come home, a good job the CSA was not in situe then as some of them got 'Dear John' letters and they had kids! Some of us are still fighting the war and have real problems, and they are the people that I am trying to help, do hope that you understand!

Do you mean the CoA case number or what, as I am sure that there are a number of places that it is a vailable?

Will not be back on this site now till tommorow.

Yes fully understand.

LizzieS_2

Well when you get chance Blob, anything that links to the case is helpful.

kelloggs36

I would be interested to see it too.