Data Protection Unit - missing personal info

bdt1

Hi,

Just a bit of advice needed please.

In September last year, we applied for our DP File, it arrived incomplete over the 40 day deadline and cutting a very long story short, we have written several times to the CSA DP Unit to say lots of our information is missing, they have over the past few months sent dribs and drabs of other personal information, and the ICO have been involved.

BUT.......The thing is that we have a Tribunal pending as we are contesting an assessment, CSA Criminal Compliance obtained our bank statements, and then assessed the NRP to include all child benefit, child tax credits, CSA monies for step-children and NRPP company expense reimbursement (each month). We asked the CSA some time ago to look at this again, they state (we have written evidence from them) that 2 Senior CRO looked again at the assessment and it was in their eyes correct???????

SO...........Guess which info is missing? THE BANK STATEMENTS!!!!!!!!!!!! and as DP Unit wrote to us yesterday, stating that despite an extensive search of all Depts there are no bank statements relating to our case anywhere, how can this be????? How therefore can the 2 CRO have checked our assessment and deemed it correct if no-one has been able to find our bank statements (the statements are from 2005-07). I have submitted copies of our statements to Appeals Dept and they have forwarded this to Tribunal agrreing with us that the assessment is totally correct, yet even Case Worker in Appeals said better chance of finding needle in haystack than our statements ever turning up.

So, what do we do now, I am aware that we can request financial redress on grounds of maladministration, but seeing as pinnacle of our whole case is bank statements, and associated assessment (for which they have LO, CCJ, and application for property charge), really don't think 50 quid or so will do the trick!!!! Our MP Assistant is a waste of space so don't even think get far with him

blimey40

How sure are you they obtained bank statements?

If they did, then they will have them to use as evidence

LizzieS_2

bdt1 wrote: »

I have submitted copies of our statements to Appeals Dept and they have forwarded this to Tribunal agrreing with us that the assessment is totally correct,

That doesn't make sense - your quote is saying the csa is right in their assessment.

As Criminal Compliance were involved, they would only have obtained some form of copy from your bank - that may or may not make obvious detail of where income came from (being consconsious here of the fact that one of my own statement print outs from the machines did not give me any clue as to where the income came from, but the actual later statement was much clearer). Your actual statements issued from the bank (or copies) will prove your case.

Wasteland_Drifter

bdt1 wrote: »

Our MP Assistant is a waste of space so don't even think get far with him

I think you have a very long stalemate with the CSA and its achieving nothing - and certainly doesn't motivate you to be financially productive.

Have you thought about getting a solicitor? I know they're not cheap but theres several child support specialists around. They can look at your case with an expert eye and help fill the blanks.

Gather your case together and make a summary of key points. Speak to a NACSA adviser as well, they can help prepare a case for tribunal. Expect to do some of the graft as well.

I think the CSA have interpreted bank account activity to be income. Was this a joint account or a business account?

A tribunal can backdate almost anything if you play your cards right, even if you are out of time to appeal. Don't go fighting the CSA itself, you won't win.

bdt1

Lizzie - sorry what I meant was that the CSA Appeals Dept agree with us and they state the assessment is incorrect - but theydo not have the authority to change it, so we must go to Tribunal even though they state we are right!!!

We are also sure that the CSA have had copies of our bank accounts as when Criminal Compliance came to our home to discuss things with us, they brought copies of our statements from 2005-07 with them, then we have loads of letters from CC Dept stating that the assessment was based upon 'income' identified in the bank statements. We have originals which prove our case, as all of the credits clearly state their origin eg child benefit etc