Going To Tribunal After Liability Order Served

blimey40

Am I right that you can appeal within 13 months of the first correspondance from the CSA? Its not 13 months from the LO being served?

Who sits at these tribunals?

What information is relevant to take with you?

Light_Speed_Cruiser

Its presided by a Judge or sometimes a person with rtelevant expertise.

The 13 month limit starts from date of the decision (you are appealing against) was made. The limit can be discregarded if you can show the CSA has i) failed to follow its own regulations and the assessment is unlawful at the time the decision was made ii) breached an Act of Parliament or iii) hidden information from you or given false information.

The CSA cannot use statutory Time Limit to convert an unlawful assessment into a lawful one.

You dont need to take anything with you, a paper hearing is suggested and follow the judge's questions if needs clarification on a particular point. Getting your case tweaked up by an expert is suggested.

blimey40

My solicitor is on the case, its been 6 weeks now since the request for a breakdown from the CSA and my Data protection Files. They have gone very quiet. I will love to see the break-down!! I don't want to keep ringing my lawyer (it costs each time).

I just wasn't sure if the 13 months was from the time the LO was served or the first letter being sent out?

Light_Speed_Cruiser

I dont think the date of the LO has any significance, its just permission to use the courts powers to enforce a debt.

Have you checked your home insurance policy? you might be protected for legal expenses and have you asked for legal aid? if you arent working you can get free court fees using form EX180.

blimey40

Everything is under my partners name

Light_Speed_Cruiser

If you are not wortking then you have a right to claim JSA, it stops further arrears and scuppers enforcement. http://www.dca.gov.uk/enforcement/agents02.htm#part10.

Being in receipt of prescribed benefits can get you legal Aid. You are entitled to equal legal representation as the CSA at a tribunal.

pd001

blimey40 wrote: »

Everything is under my partners name

Now that could be a very wise move

bdt1

We are in same scenario.

Have appealed within 13 months of decision being made, as FMA made in Dec 07, so this is being dealt with by Appeals Tribunal - still waiting to hear if they will let us have an Appeal Tribunal.

Also found in DP File there were 2 IMA's - based on same incorrect info as FMA in 2007, so appealing against these, but as out of time CSA Appeals dealing with thiese.

Finally getting somewhere - we hope - CSA Appeals stated the assessment is totally incorrect, as if we didn't know that??????????

So now, CSA Appeals cannot overturn the maintenance calculation even though they agree it is incorrect, so they have to pass it on to Tribunal?

So as we had LO served for the 34k they say we owe - and now say they are sorry but they were wrong, what is the process, how if we get to Tribunal can they unpick a LO which was obtained for monies we don't owe.

SL is our solicitor so will be having this conversation with him also

Light_Speed_Cruiser

bdt1 wrote: »

So now, CSA Appeals cannot overturn the maintenance calculation even though they agree it is incorrect, so they have to pass it on to Tribunal?

If the CSA has admitted they have made an incorrect assessment and denied you an appeal then tribunal is your next step. Hope you got that admittance in writing.

Make sure SL does the legal aid forms before starting work. The CSA receives a copy of your funding certificate and will be less inclined to be vexatious, they know it could be at their expense.

blimey40

just got the breakdown today.

Very basic £106 a week from 1997-2005.

(thats never 30% from £270.00, which is what they have based it on)

Had a nil assessment in 2000. Looked after sick grand-child from 2000-2002 and was out of work. After hearing nothing and presuming nil assessment was correct, paid my daughter directly from 2003-2005, when I was back at work.

Awaiting all my data protection files.

Had 2 letters from 1997-2008, so that should be interesting.

bdt1

Good luck - just a word of warning, pick through your DP File with a fine tooth comb, ours was/is hugely incomplete.

We have involved ICO, as 6 months after requesting info from DP File still do not have it all from CSA, they confirmed this in a letter - it was also late, way over the 40 day legal requirement - they said they were sorry for slightly exceeding the 'target' of 40 days - strange phrase for a legal requirement? Also sorry but Falkirk had failed to forward all information to DP Dept, so re-request all info from Falkirk.

A CSA Rep has told us that our 'bank statements' are missing, 'never to be seen again', but bet we don't get transcript of that phonecall either???????