Legal advise for Tribunal?

kelloggs36

You don't need a solicitor to go to a tribunal - if you choose to get one then the costs are down to you. Sou may be onto something here - if it is a mere appeal hearing against an element of the assessment then there is no opportunity to claim costs, a court hearing though is different.

LittleJohn

Thank you all for your replies. I need to investigate some of the options further.

The situation is that my ex has appealed and is now going for a tribunal hearing. Only just received the initial pack at the moment. No requests for anything further ... yet.

LJ

kelloggs36

This is your opportunity to respond to what the ex has alleged and if you have evidence, to submit it. What is she alleging?

LittleJohn

Hi kelloggs36

It seems like everything!

Assets over 65k.
Income not taken into account.
Diversion of Income.
Lifestyle inconsistent with declared income.

Around fifty pages in all... The CSA has listed the various regulations which formed the basis of the intial appeal being rejected following my comments. All looks good, but I have no idea what a Tribunal will make of it ...

LJ

Cozworth806

Assets: Cash stocks or property (less mortgages) where the income derived from the asset has not been taken into account in the main formula and are owned by you, not the company.

Income not taken into account: Normally dividends when looking at a director of more than £5200pa

Diversion: As it suggests that you as someone has the power to control the income you receive has diverted income that would otherwise be looked at under a calculation.

Lifestyle: A total of what the personal lifestyle you lead costs you and whether the income you have declared or by sources that are outside of the calculation regs means that you are living beyond yourself. The inferrence is of course that if that is the case then you are hiding something.

Read the specific allegations she has made, as it is for her to prove her case. The tribunal however will ask you for fairly wide ranging details of your financial circs in next few weeks.

LittleJohn

How speedy are the Tribunals people at getting the show on the road? I was under the impression that it would take a few months.

I do live within my income and I intend to draw up a monthly expenditure chart at some point. While my company does earn a fair amount, I also have some rental income (assets over 65k), so only draw around £8k with no divs from the company. I do not need the company money and hope to expand the business at some point once the economy improves.

As I said previous who knows what a Tribunal will make of me ;>)

LJ

Light_Speed_Cruiser

LittleJohn wrote: »

How speedy are the Tribunals people at getting the show on the road?

How long does a tribunal take is very much how is a piece of string.

I asked for an appeal in 2002 and was refused. I instructed lawyers in 2006 and got a load of CSA bumph (about being sent to prison) in Feb 09. Otherwise I got nothing but a wall of silence from legal while the CSA continued its enforcement programme.

I instructed another firm of lawyers who discovered the legal profession had been busy unraveling the case for the last three years and putting it before the courts leaving me a matter of weeks to study the legislation and answer the Judge's questions.

It appears proof rests squarely on the NRP because the CSA hitherto had denied ever refusing an appeal and the court was about to accept the CSAs position to be fact. That all changed when they discovered I phoned from the Philippines using a Scype phone and had the memory stick. Its authenticity needed to be verified in Britain causing further delays.

Its estimated my case should finally complete early 2010.

I think it depends on the complexity of your case and how far up the court hierarchy your case gets to.