Committal Hearing - Can I attend?

kelloggs36

If the accuser presents evidence that they have repeatedly requested a) payment and b) contact to arrange payment to a confident address, and the accused has failed to respond, then this will be interpreted as wilfully refusing to pay as was with my ex.

Light_Speed_Cruiser

It must be a fact, not an interpretation.

If a NRP is willfully refusing to pay then he must attend (arrested if need be) and brought before the court and the NRP must say to the magistrate words to the effect "I will not pay".

The expression 'confident address' only applies to internal CSA decision-making and does not apply to court directions.

The law also says the magistrate cannot make any decision in the NRP absence other than order his arrest to be brought before the court.

kelloggs36

No he doesn't actually - my ex never said that but the courts decided that by his lack of action then he was in fact guilty of wilful refusal.

Blob

Rorkes_Drift wrote: »

If all other enforcement has failed then a committal is likely to fail unless the defentant wants access to a prison (e.g. to make new connections with drug dealers or users) so he'll make his assets safe but visible to the CSA and use S40 of CSA'91 to access the prison service.

By this then pos the CSA stands for the Criminal Support Agency as they could be seen to be encouraging the prolifation of criminal acts, such as Drug Dealing!

marksoton

Light_Speed_Cruiser wrote: »

It must be a fact, not an interpretation.

.

The law works on both acts and omissions, both can render an individual guilty.

Light_Speed_Cruiser

Nobody is found guilty of any offence. It is a civil proceeding and there are no suspects, criminals or sentencing and a criminal has a automatic right to appeal.

A CSA prisoner has no such rights, its the same as council tax. Town Halls don’t use their committal legislation often because the town hall becomes liable to rehouse the prisoner when he is released. The legislation is designed to induce payment.

The magistrate always asks the NRP can you pay? if the answer is' no' then the magisrtrate will dismiss the case. The burden of proof is with the accuser and the CSA must show he has the ability to clear the debt.

Until about 4 years ago, many CSA court presenting officers say he has a credit card or living with someone whom the NRP can borrow. None of these are admississable and are circumstantial. He must have the ability to pay and must refuse to pay.

Some NRP's committed to prison then pay with a credit card for his release and immediately goes bankrupt. The CSA's debt is paid and the NRP is a free man. However the law enables the bank to reclaim the transaction under S75 of the Consumer Credit Act 1974 because the bank believes the account holder had no intention of repaying the loan. The CSA now has an unenforceable debt with its bank and the NRP cannot be committed for the same debt twice or for a debt he has already paid.

kelloggs36

That is not true though. My ex said he could not pay but they told him he must and then set an amount for him to pay. He paid for a while and then he stopped. HE was about to be sent to prison for not paying again, when he was told to pay up or go down. He was forced to remortgage his house.

pd001

Light_Speed_Cruiser wrote: »

Nobody is found guilty of any offence. It is a civil proceeding and there are no suspects, criminals or sentencing and the criminal has a automatic right to appeal.

A CSA prisoner has no such rights, its the same as council tax. Town Halls don’t use their committal legislation often because the town hall becomes liable to rehouse the prisoner when he is released. The legislation is designed to induce payment.

The magistrate always asks the NRP can you pay? if the answer is' no' then the magisrtrate will dismiss the case. The burden of proof is with the accuser and the CSA must show he has the ability to clear the debt.

Until about 4 years ago, many CSA court presenting officers say he has a credit card or living with someone whom the NRP can borrow. None of these are admississable and are circumstantial. He must have the ability to pay and must refuse to pay.

Some NRP's committed to prison then pay with a credit card for his release and immediately goes bankrupt. The CSA's debt is paid and the NRP is a free man. However the law enables the bank to reclaim the transaction under S75 of the Consumer Credit Act 1974 and the CSA now has an unenforceable debt with its bank. The NRP cannot be committed for the same debt twice and its the bank that executes chargeback and the NRP has cleared his liability .

Very interesting!

Light Speed Cruiser..
You seem very knowledgeable on the subject. How do you know all this stuff?
Kelloggs36 personal experience seems to counter what you are saying.

kelloggs36

Also, if the CSA assessment is a positive one, then it is assumed that the NRP can afford it. Otherwise they would have a nil assessment. CSA debt is a prirority payment, ie comes above all other debts other than housing costs and council tax. So, in essence it must be paid before other payments are made for things like food, bills etc. Unless the person has no income other than their housing costs, they will be deemed able to afford the CSA payments. Reality bears no resemblence of course but that is because people do not put CSA at the top of their list of payments. They should do this and cut the rest of their cloth to fit.

Blob

What, even if there is no other cloth? You even say that it comes before putting food on the table, that is providing that you have a table! As the saying goes "Assumption is the mother of all F*** Ups". This as they say proves a point if nothing else!

If the NRP can't afford to live then they can't pay for anything else as they can't support themselvs. It is very simple in reality, you have to be able to survive in the first place to be able to meet the other commitments. To quote a Judge when he gave very direct guidence to the CSA, " Don't kill the goose that lais the Golden Egg' or you will get nothing"!

My opinion is that the CSA do not just try to kill the goose but are in the process of attempting to exterminat the whole spiecies!