Advice sought on CSA arrears

technoghost63

Hi (Newbie)
I need advice on the recent changes affecting the issuing of liability orders by the CSA. My understanding was that my pre-July 2000 arrears were time barred and no liability order can be issued by a magistrates court for arrears on or before 12 July 2000. However, I have recently heard that as CSA can issue liability orders now themselves, and that they are issuing orders that include pre-july 2000 arrears. Does anyone have any info in this matter?
I have two cases of arrears against me, last assessment made June/July 2000 and last period of arrears dating to Dec 2001. The total of the arrears is approximately £4000 of which £3200 is arrears accrued when I had terminated my employment in Aug 2000 and commenced studies at university of Salford being unemployed in the interim period. I advised the CSA via telephone in Aug 2000 which they failed to act upon, they didn't re-assess either when advised by the DoE that I was unemployed because it was too short a period before I signed off to commence my studies. The DoE in their attempts to boost their figures recorded me as 'having found work', which the CSA continue to hold to despite receiving evidence to the contrary. Because I didn't discover the error within the 13 month period I have been unsuccessful in my appeals and tribunals. I asked my MP(Tory) to make enquiries and he was a complete waste of space. However in Mr Martin Connor's (CSA) response to my MP he stated "that in September 2000 I had found employment." Would I be able to pursue a libel action against Mr Connor as this statement is untrue, misleading and misrepresents my circumstances at that time? My present circumstances are that I am a househusband and full time carer of two children aged 5 and 3 to my present wife, and solely supported by her earnings. I haven't worked since Aug 2000. The cases against me: my son is an adult and my twin daughters are domiciled in the USA where they were taken by their mother without my knowledge, premission or consent. I have no assets or independant means to make any repayments towards the arrears. Are they likely to pursue a LO to suspend my driving lic, seize my bank account or imprisonment? I also have a heart condition and was hospitalized in Nov/Dec 2007 and am on referral to a cardiac consultant.

Loopy_Girl

The short answer is that LO's should not be getting granted pre 2000 although there have been cases of it happening. They shouldn't pursue it but there have been instances where it has happened.

Wouldn't it be better to phone and get this sorted rather than stressing out about it? I certainly wouldn't like it hanging over my head and waiting for a brown envelope to land on my mat - just a thought

I am also confused as to how you could afford a lawyer for a libel case but can't afford anything to any arrears you may be due?

technoghost63

"Wouldn't it be better to phone and get this sorted rather than stressing about it?"

Seven years of fighting CSA injustice has shown NEVER phone (no evidence)and stress is all you get if you do!

"I am also confused as to how you could afford a lawyer for a libel case but can't afford anything to any arrears you may be due?"

Eh, wife works fulltime and she's not liable for my arrears!

"do the right thing or use it as an excuse to get out of things (which is what I suspect you are angling at)."

Are you a relative of Mr Connor by any chance?

technoghost63

And as you've decided to be so moralistic. When did my ex's ever do the right thing? When has the CSA ever done the right thing? When have the courts ever done the right thing? When have MP's ever done the right thing? Why is it that powers of enforcement have increased to allow the CSA to become a law unto themselves? Why hasn't there been a reciprocal relaxation of the law to allow evidence which would probably remove the majority of the problem cases and diminish the overall arrears owing?

Zara33

technoghost63 wrote: »

And as you've decided to be so moralistic. When did my ex's ever do the right thing? When has the CSA ever done the right thing? When have the courts ever done the right thing? When have MP's ever done the right thing? Why is it that powers of enforcement have increased to allow the CSA to become a law unto themselves? Why hasn't there been a reciprocal relaxation of the law to allow evidence which would probably remove the majority of the problem cases and diminish the overall arrears owing?

Just because others are doing things wrongly doesn't mean you have to lower your standards

Loopy_Girl

technoghost63 wrote: »

"Wouldn't it be better to phone and get this sorted rather than stressing about it?"

Seven years of fighting CSA injustice has shown NEVER phone (no evidence)and stress is all you get if you do!

"I am also confused as to how you could afford a lawyer for a libel case but can't afford anything to any arrears you may be due?"

Eh, wife works fulltime and she's not liable for my arrears!

"do the right thing or use it as an excuse to get out of things (which is what I suspect you are angling at)."

Are you a relative of Mr Connor by any chance?

1 - Okay, write to them then and ask for a full breakdown of arrears and then you can write back with the evidence showing your periods of being a student/unemployed. You may have to get your MP involved if you can prove that you were not made aware of the right to appeal

2 - I agree she's not liable for your arrears.

3 - No, no I'm not

Loopy_Girl

Also requst a copy of your full file since inception under the DPA.

The call you made should be recorded on there and if it is then you have a starting point.

My point is that if you try and get it sorted and come to some kind of arrangement with a revised arrears amount then it may well be that a LO will not be pursued for such a small amount.

technoghost63

"doesn't mean you have to lower your standards " zara33

Oh, you mean I should just lay down, let them walk all over me, allow them to extort monies from me and my family, malign my name to others, and be happy about it. Yeah, I could do that.

Or I could stand firm against an politically imposed organisation that operates a two tier system, acts unscrupulously, uses the law to suppress evidence, uses the law to extort monies, and causes misery to an increasing number of innocent families.

If I follow your advice, then I'm no better than those who allowed the Nazi party into Germany in the 1930's which allowed the "Gestapo" (as some of the others like to refer to the CSA) to come to power and the slaughter of millions of innocent families.

I'll stand against tyranny, even if I have to go to prison...I will go down fighting!

Loopy_Girl

But you have admitted yourself that you are due some arrears albeit not the figure that they are quoting.

You put at the end of your first post about your condition so presumably you meant that you weren't a well man. Surely you would rather this was sorted out and then the arrears you are due could be paid and then this whole mess will be over with?

As I've already said, you need to request your files and also ask them in writing for a full breakdown of arrears.

It can be done that assessments are sorted out years after as there have been many cases on here of people doing it.

If you are in the same area then you may need a different MP since you said the first one wasn't helpful.

Zara33

technoghost63 wrote: »

"doesn't mean you have to lower your standards " zara33

Oh, you mean I should just lay down, let them walk all over me, allow them to extort monies from me and my family, malign my name to others, and be happy about it. Yeah, I could do that.

Or I could stand firm against an politically imposed organisation that operates a two tier system, acts unscrupulously, uses the law to suppress evidence, uses the law to extort monies, and causes misery to an increasing number of innocent families.

If I follow your advice, then I'm no better than those who allowed the Nazi party into Germany in the 1930's which allowed the "Gestapo" (as some of the others like to refer to the CSA) to come to power and the slaughter of millions of innocent families.

I'll stand against tyranny, even if I have to go to prison...I will go down fighting!

The points in bold was what i was talking about seriously calm down dude...

technoghost63 wrote: »

And as you've decided to be so moralistic. When did my ex's ever do the right thing? When has the CSA ever done the right thing? When have the courts ever done the right thing? When have MP's ever done the right thing? Why is it that powers of enforcement have increased to allow the CSA to become a law unto themselves? Why hasn't there been a reciprocal relaxation of the law to allow evidence which would probably remove the majority of the problem cases and diminish the overall arrears owing?

As for the law and the CSA well what can we say.

technoghost63

Loopy Girl...I have taken all the action that you have suggested...to no avail. Because of the time restrictions on evidence, my appeals are turned down and people like Mr Connor can then make statements which imply that I have attempted to avoid making payment of maintenance and or arrears.
While I was working I made regular heavy maintenance payments under both court order and csa assessment. The CSA didn't have to recognise the payments I was already making under the court order when making its assessment. Then I became liable for my twins on top of that. I was working 12 hours a day and ending up with the equivalent of unemployment benefit without the 'perks' of the unemployed.
I believe that there should be contributions to the upkeep of children. I don't believe that they should be assessed the way they are at present. I also believe that the system should be all encompassing and protect the rights of the NRP in respect of access/visitation rights and that non-compliance by the PWC without 'reasonable' grounds should be met with equal severity.