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CSA Want to send me to court
Comments
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Just remember that they can say what they like but the 2 year thing is twaddle, it has no standing in law end of. If thay ask you to take a loan out or to put it on your credit card, ask for this in writing as it is unlawful. Once you have it ask to go to Court and produce this as evidence and then sit back and let the Judge fly, unless they have personally got a CCL then he may even lock them up for thier troubles!0
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Just remember that they can say what they like but the 2 year thing is twaddle, it has no standing in law end of.
Its not twaddle at all for two reasons.
firstly the SOS can make regulations as to how the arrears is recovered. This gives the legal authority
secondly they are doing it so how can it be twaddle?
Or am I missing the details of the court case that says the 2 year stear is unlawful?0 -
It has failed in Court as it has go grounds in law. The law states that there is no time set to recover arrears as this may hinder the amount that is repaid!
That is in a letter from the SOS in person to my MP!
They shot themselvs the foot one this one, not a supprise to anyone that has read the law on tis subject. The CSA have on record stated that Ihave access to volumes of the law, and anyone tht deals with me should baear this in mind!!!0 -
Just remember that they can say what they like but the 2 year thing is twaddle, it has no standing in law end of.
Its not twaddle at all for two reasons.
firstly the SOS can make regulations as to how the arrears is recovered. This gives the legal authority
secondly they are doing it so how can it be twaddle?
Or am I missing the details of the court case that says the 2 year stear is unlawful?
It's not twaddle in that the agency rigorously enforce it, what is twaddle is when they state it is legislation. Something that about a year ago they were doing to virtually every " customer " with arrears. :rolleyes:
It was a disgraceful management dictate and whoever initiated it should be shot, a perfect example of a government department abusing their power.0 -
I think you are talking about the White Paper and the Operational Plan, neather of which is legislation.
The OP is policy and as such has no standing in law, and I have been present when this was explained to the CSA by a Judge.
The White Paper may be made into an SI, this is yet to happen to the best of my knowledge.
Yes they are trying to enforce it but it can be countered very easily by Court action on the part of the NRP, all you need is Form 245 and a Court date, the rest is up to teh Judge, once you have the warrent issued by the Court, then there is not thing one that teh CSA can do to enforce the Arrears.
If the 2 year steer was in legislation this would not be possible.0 -
I think you are talking about the White Paper and the Operational Plan, neather of which is legislation.
The OP is policy and as such has no standing in law, and I have been present when this was explained to the CSA by a Judge.
The White Paper may be made into an SI, this is yet to happen to the best of my knowledge.
Yes they are trying to enforce it but it can be countered very easily by Court action on the part of the NRP, all you need is Form 245 and a Court date, the rest is up to teh Judge, once you have the warrent issued by the Court, then there is not thing one that teh CSA can do to enforce the Arrears.
If the 2 year steer was in legislation this would not be possible.
So are you saying if NRP is paying 40% via a DEO and the commission apply for a LO and gets it granted then goes to the Co Court the NRP then files a FormN 245. the Judge will say thats fine you are paying already.0 -
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The legislation is SI 1992/1815 section 28 I think, if it is not come back and I will look it up,
Under Form N 245 the Court will basicly tell the CSA what they can have and LO in place or not, once the Warrent is issued by the Court the CSA are stuck with it and as I understand it can take no further enforcment action as thier hands are tied. The cost for the application is £35.
Hope this helps.0 -
The legislation is SI 1992/1815 section 28 I think, if it is not come back and I will look it up,
Under Form N 245 the Court will basicly tell the CSA what they can have and LO in place or not, once the Warrent is issued by the Court the CSA are stuck with it and as I understand it can take no further enforcment action as thier hands are tied. The cost for the application is £35.
Hope this helps.
SI1992/1815 MASC reg section 28 is about what you pay when you on JSA0 -
It is that you should be left with £30 a week more than if you are on JSA and there are other bits as well. I got it in a letter from the SOS as a written answer to a written question from my MP. I will look it up, it may take some time, but I willl find it.0
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