CSA in Court - re Charging Order

bdt1

Basically what happened at the time before our 2005 Tribunal was, I (NRPP) was offered a much better paid job with lots of perks, fully expensed posh car etc etc, I obvioulsy wanted to tke this opportunity as it was my dream job offer, but at the time I was only working part-time in order to look after our children and run the family home. So, hubs and I role reversed, he started part-time self-employment and I went to work full-time as the family bread winner, so the PWC and CSA were annoyed that NRP had taken a wage cut, but we had the proof I was earning substantially more so this situation was practical.

At the same time, we decided to move home, a larger property came onto the market through pepole we knew, they were moving abroad and wanted a quick sale, the price for the property was an absolute bargain. So as hubs was now self-employed, and my wage had increased, we managed to get a self-cert mortgage, no way could we have done it otherwise. So, w had lovely new home, I was earning a fortune and hubs was working cople days week self-employed and looking after children rest of time. THUS.............The appearance at Tribunal for lifestyle inconsistent with declared earnings, the PWC tracked us down to our new home, was obvioulsy not very happy with posh car on drive etc etc, and took us to Tribunal, then on losing her case plagued CSA 'their words not mine' until Criminal Compliance involved, which is where the balls up totally incorrect assessment was made - they obtained our bank statements, took away my salary from the credits and used everything else as NRP assessable income. It was in fact child benefit for 28 months for 4 children, tax credits for 28 mooths for 4 children, CSA monies for my 2 children from 1st marriage and my reimbursement of company expenses paid each month in arrears.

The CSA then state we have no children in our household there are 4, they state our mortgage was just over £200 per month, and also included my hubs part-time income as profitable income, totally ignoring his tax returns.

So, as result of CCT mistakes, CSA still saying that Tribunal made original decision that all of this can be used as assessable income, but this is not the case, as all Tribunal was for was to look at things regarding lifestlye, they did state they felt there were some discrepanies that may have been highlighted but, we won the case at Tribunal, and as I said if hubs had been self-employed for a few years at that stage then books would have been spot on, just he was asked to explain future earnings etc etc, how can you explain a forecast when self-employed for less than year?

bdt1

Sorry in reply to anticipated arrears, well I have tried working this one out, Kelloggs has worked out our assessment, and the arrears would be nil, but who knows with the CSA!!!!! As said before it's usually just think of a number with them isn't it?

I do expect that they will hit us with some arrears, but who knows what it will be

trevormax

I can't add any advise to this thread but reading some of the CSA threads on here I think its disgusting the way they act. They seem to totally ignore any evidence given to them and issue demands for massive amounts of money with scant reguard for how it will affect people.

I really hope this turns out well for you and you get some compensation for all the !!!! they have put you through.

Blonde_Bint

:mad:Honestly, it really does look like they just go after the people who are trying to sort themselves out and keep everything straight.

Look at how you describe your life bdlt, just going about your business, cm is paid and you live like this. This kind of situation is why i'll be glad when our child is in his 20s. you are probably hearing that one bdlt. then we'll be able to do what we want with our lives.

:mad: i'm fuming :mad: for you. what gets me is if you were driving a battered ford escort and living in a mid terraced house, on a street that was a bit dirty (you get the picture i'm trying to paint dont you) you wouldnt be having this problem. I believe we live problem free from our PWC at the moment because we have nothing of value anymore:D and dont live in a nice house like we used to :rotfl: if i'd realised that years ago lol i'd have give the lot to charity for peace and quiet lol :rotfl:

Blob

Just remember one thing, your son may be in the situation that you are in now, unless we ALL come togeather and get the system changed to something that gives both sides a chance to move on, not as it is at this time!

Blonde_Bint

Blob wrote: »

Just remember one thing, your son may be in the situation that you are in now, unless we ALL come togeather and get the system changed to something that gives both sides a chance to move on, not as it is at this time!

I'm with you there Blob. and to go a step further, i'm planning to marry my daughter off before shes 20 and while she still has no kids to some bloke who doesnt have kids with anyone else. then i'm going to make sure that when the sh*t hits the fan, they sit in it together no affairs no monkey business. i've got it, a pre wedding view of the MSE child support thread , they can read it together. I'm serious i'm beginning to think the grannies and grandads have it right, because the way we are going there is no hope for family non whatsover. I realise its an old fashioned view but its the only hope of getting back some family life. If the next generation carry on splitting having kids and splitting then theres no hope. If it gets worse than it is now imagine the complicated csa cases!

Its sad when a childs life is reduced to a 'case' and 'contact'. not much spontenaity.

bdt1

I agree, the syatem MUST change in order to protect all parties (I'm NRPP and PWC), I would hate to think as i have both son/daughter, that either my daughter was pregnant, bore a child and not received a penny for parental upkeep from the father, just strees from CSA, nor that a female got pregnant by my son, 'by accident' in order to get a house, child benefit and maintenance !!!

See where I'm coming from, the system is wrong, I have always worked and at times whe I was a single parent I never claimed any benefits, (at one point I had 3 jobs), nursing, I don't know how I did it, but I did to keep a roof over my children's heads, still the world seems a very different place these days , it saddens me that children don't get the benefits of having 2 parents around, after all how can a child ever have too many people to love him/her. But greed is a terrible thing and all too often children can be used as pawns in the access/CSA/maintenance/money game