Advice - charging order

bdt1

Hi,
Cutting long story short, my hubs (NRP, I'm NRPP) was taken to Tribunal by PWC in 2005, she accused lifestyle inconsistent wih declared earnings, and lost her case, at that point the TS and CSA declared a nil assessment.

Then in Dec 2007, a re-assessment was made after Criminal Compliance involved - as most regulars know, this was incorrect as it included NRPP company expenses, child benefit, child tax credits etc etc, all as NRP assessable income. We have proof of this and have sent it to CSA Appeals who agree with us but they say we must go to Tribunal to have this and arrears corrected as they do not have power to do it themselves.

So, story so far, we have LO, CCJ and charge application for 34k based on the re-assessment (FMA) made in Dec 2007, and they have also calculated the arrears using 2 IMA assessments made in Feb 2006 and Nov 2004. So after reading a thread posted by Blimey 40 and advice given by CMAC, if we have never been informed of these 2 IMA's, were never asked for any info regarding these 2 IMA's and they came after the 2005 Tribunal, can they legally stand? After the Tribunal in 2005, we were told nil assessment, then out of blue have to pay over £500 monthly and £300 toward alleged 34k arrears!!! It was only on receipt of DP File we realised they had made 2007 incorrect assessment, also done 2 IMA's and then backdated incorrect earnings to 2004 thus the 34k arrears. Just wonder if this is why we must go back to Tribunal for them to amend it, as CSA Appeals don't have authority?

Now we have date for charging order next week, so intend to attend court with our evidence (CSA have lost theirs - strangely enough, ICO involved), but it's just such a mess, TS have requested CSA evidence, not ours yet, but hopefully Tribunal soon and we can begin to sort this mess out.

Any advice greatly appreciated