CSA1, Interim Mainteance Assessments and Collectible Debt

blimey40

I won't go through all the history again, but whilst I was self-employed I paid PWC directly with no knowledge that a IMA was in place. She was on benefits and it obviosuly helped her not to contact the CSA.

Now, I am fully aware that CSA have no fixed abode for me and do not have my bank details as they would be included in my Data Protection Files, which are practically empty across all pages. its clear they have tried to get bank details, but have failed. I presume its because they have all wrong information on me, as this was done manually before 2000.

A liability order was issued 8 months ago for £22,000 plus and my lawyer has received no correspondance since February this year. CSA have been provided with full details and I know for a fact they have not contacted my previous employment. The assessment on the arrears (in data files) indicate a sum of around £25-30 per week (some are even nil) should have been assessed on the info provided.

My questions are these.

At what point do they amend the Liability order which is obviously wrong and what kind of figure becomes unforceable. If via tracing they draw a blank, what can they do? I just want a settlement to this and its obvious with the case, that it should have closed 2004 when my daughter was 19, how long can they keep going now that my daughter is 24? I separated from my wife in 1985!!

kelloggs36

They don't amend the liability order figure but they only enforce the amount due once they have calculated what it is ie converted the IMA to an FMA. Have you asked what the current situation is?

blimey40

My solicitor has advised to leave it in their court. We have adhered to the requests of all information and they have not come back asking for more. I can only presume the evidence supplied is sufficient. Interestingly the Data Protection files do indicate internally from comments of a few years back thats its "extremely unlikely I was aware of an IMA in place". They have seeked 2009 liability order on the IMA. Data files also show clearly no letters sent since 1998 from the CSA to any address, though it seems periodically they have tried to trace. Even the most basic details are incorrect.

I have received the Data Protection files a few months back, it indicates an amount liable but no letter has since been sent to confirm that figure.

I am aware the major consensus when an IMA is issued is because the NRP is proving difficult, but I honestly was unaware this was in place until earlier this year.

How long does it take time to convert the IMA to MA? The Data files already indicate an amount.

CMAC_2

The law requires to have recieved IMA notification 14 days prior to it been put in place. If you have not recieved notification and you have a data file which implies you have not been notified you can have the IMA discharged under none competant address rules. This could also mean you did recieve the MEF also which in effect means the CSA have no jurisdiction in this case

blimey40

They definitely had the wrong address and the MEF was not served in the proper way. Proof of me not being at the address has been provided and shows their records to be totally inaccurate. They even had me at a job, that I have never worked in my life.

Just wish they would now confirm either way.

CMAC_2

blimey40 wrote: »

They definitely had the wrong address and the MEF was not served in the proper way. Proof of me not being at the address has been provided and shows their records to be totally inaccurate. They even had me at a job, that I have never worked in my life.

Just wish they would now confirm either way.

Then the case is simple

Write to the CSA telling them that they do not have the jurisdition and therefore you request the case be close as at it start date.

They will say no and issue you a refusal to review

Appeal to the TS

blimey40

meanwhile, I've not even been invited to a tribunal and no-money is being taken. They have even stopped the baliffs a few months back, though no confirmation of the IMA being converted or any further court action being sought by the CSA.

Who is the TS?

blimey40

Just another point.. Do they have to go through the courts to get a passport stopped? I don't want to be going on my holidays in a couple of weeks and be stopped:D at the airport. I would presume they would notify me or my lawyer that this course of action is being sought.

Its the long wait, which is getting me. Nothing since March??

kelloggs36

Yes they do - a long winded process which if they haven't summonsed you yet, is unlikely!

CMAC_2

TS = Appeals service