Any ideas????????????????????

bdt1

Quick hi for those who know us.

After a CSA1 assessment for my hubs (NRP), which meant CSA mistakenly included our child benefit for 4 children, tax credits for 4 children, my (NRPP) company expenses paid monthly in arrears by my employer, and also CSA monies for my 2 children by husband 1, these 'credits' into our bank account were are assessed as NRP assessable income . This meant a weekly payment of £138.50 backdated many years, and £34,000 of arrears - in reality my hubs works part-time as a plumber - so this is Monopoly money!!

To cut a long story short, when we eventually got to the bottom of how this CSA1 assessment had been made, the CSA then went on to inform us of their plan for a LO, followed by a CCJ and now application for charge on property. We haveenlisted SL, senior CSA personnel and our MP.

So state of play at the moment, we sent all bank statements that were relating to the 'income' CSA reckon is NRP income, we are at Appeals stage for 2 IMA's, CSA Appeals Dept agree this assessment is totally incorrect, and fast-tracked it to Tribunal as they do not have the authority to change the assessment figures. But in meantime Enforcement refuse to suspend further action pending the outcome of the Tribunal, even the CSA Appeals case worker rang Enforcement to request suspension of such action, as she says it's the worst miscarriage of justice she's ever seen!!!!!!!!

We have again enlisted our MP, he has written to Enforcement, SL has suggested ICE but not much else to be honest, and I have written to the CSA CEO - anyone any ideas, as previously said, we do not owe these monies, and the big poke in the eye is that the bulk of this income assessed is actually monies paid for our children, I'm sure even the PWC would not like her children's child benefit, CSA payments and tax credits to be taken and used for 2 children from another family?

Any help greatly appreciated, as we are also considering Watchdog!!!!

Just crazy that the CSA Appeals admit assessment totally wrong, but CSA Enforcement say arrears in black and white - until otherwise instructed they will press ahead with enforcing arrears. At this rate we'll end up losing our home (also that of the 4 kids in it) before we can get in front of the Tribunal and prove our innocence

articfoxy78

i realy feel for u i would go to watchdog i was considering it in our case but managed to sort/slow it by hubby going on sick with depression and stress( which he did have)

stick with it someone more knowledgeable will be along soon with quite probably better advised

kelloggs36

I don't understand it either - it is normal practice for enforcement action to be suspended pending outcome of any appeal, and I have no idea who told you they can't reassess based on correct figures because they clearly can!!!!! I would be making the formal complaint to the Chief Exec and when you have the inadequate response, you can then take it to ICE and then the Parliamentary Ombudsman. Good luck.

bdt1

Thanks for your replies.

It was our Appeals Case Worker at Preston who says although she agrees the bank statements prove the credits to the account are child benefit etc etc, she doesn't have the authority to change the assessment herself - the assessments in question are 2 IMA's from Nov 04 and Feb 06, but the assessable income came from a FMA in Dec 2007, which they then applied to the previous IMA's and subsequently back-dated the maintenanc requirement, thus the £34k arrears.

A certain R.Norris in Enforcement seems hell-bent on putting us and our 4 kids on the streets, we are paying a aweekly figure plus £10 towards 'arrears' - we calculate any arrears to be approx £1500 and not now £40k as he states. But he says that as the arrears are from 2000 to present day he will not suspend enforcement even with a Tribunal pending - just don't know what else we can do. We have it in black and white from a Tribunal in 2005 that our arrears were just short of £2000 then, so just don't know where he is coming from, but our life has been hell for well over 12 months now.

Sensemaya

bdt1

I've posted this in the sticky too.

Norris should be reminded of it.

1. The Civil Service is an integral and key part of the government of the United Kingdom1. It supports the Government of the day in developing and implementing its policies, and in delivering public services. Civil servants are accountable to Ministers, who in turn are accountable to Parliament2.
2. As a civil servant, you are appointed on merit on the basis of fair and open competition and are expected to carry out your role with dedication and a commitment to the Civil Service and its core values: integrity, honesty, objectivity and impartiality. In this Code:
   • ‘integrity’ is putting the obligations of public service above your own personal interests;
   • ‘honesty’ is being truthful and open;
   • ‘objectivity’ is basing your advice and decisions on rigorous analysis of the evidence; and
   • ‘impartiality’ is acting solely according to the merits of the case and serving equally well Governments of different political persuasions.
3. These core values support good government and ensure the achievement of the highest possible standards in all that the Civil Service does. This in turn helps the Civil Service to gain and retain the respect of Ministers, Parliament, the public and its customers.
4. This Code3 sets out the standards of behaviour expected of you and all other civil servants. These are based on the core values. Individual departments may also have their own separate mission and values statements based on the core values, including the standards of behaviour expected of you when you deal with your colleagues.

1 This Code applies to all Home civil servants. Those working in the Scottish Executive and the National Assembly for Wales, and their Agencies, have their own versions of the Code. Similar Codes apply to the Northern Ireland Civil Service and the Diplomatic Service.
2 Constitutionally, civil servants are servants of the Crown. The Crown’s executive powers are exercised by the Government.
3 The respective responsibilities placed on Ministers and special advisers in relation to the Civil Service are set out in their Codes of Conduct: www.cabinetoffice.gov.uk/propriety_and_ethics [External website].