CSA TRIBUNAL HELP !!!directions...............

cadbury35

I am PWC. MY son's father has had A NIL assessment.I appealed on ,asetts lifestyle and diversion of income.My son is 3 years old and he has selfishly never provided for him and has not seen him for 2years.Never even sent him a birthday card/ small gift.
I would have happily agreed on £40 a week going into my son's trust fund.He informed me that he would never get anything and he would hide everything.I then went to the CSA.
At the first hearing we are informed he has 5 villa's over seas worth £500,000, 3 uk properties, he is self employed and a landscape gardener ( 3 vans on the road). He has declared £100 PW to the inland revenue and rental income cannot be included?)
He has 4 LUXURIOUS holidays a year,top of the range BMW etc
He lied throughout the hearing and the DIRECTIONS were that he had to provide all bank statements /accounts which he failed to do.
He provided one account which had over £100k in it . ( can savings be included in the calculation??
The tribunal 's decision is that they have gone on asetts and have not included savings . can HE be made to provide all his savings details? HE mentioned at the hearing he had an offshore account..
I believe the calculation is wrong as they have mis calculated the oversea's property by £300k . Documents produced show clearly he paid over £500k in full.Do I have to accept the decision? I won the appeal but am very unhappy that he can get away with lying...

Blob

Sorry, you won the appeal, so his lies were not believed, is that as it is?

You want to take the matter further! OK but on what grounds, to go to a Higher Tribunal it has got to be on a point of Law. So what point od Law do you have in mind. Was his evidence given under 'Oath'? If so you might have a point, but you will havew to prove it, and that is not an easy thing to do!

Blonde_Bint

Can I ask, the child is only 3 years old so surely the OP is on csa2 rules so even in the worst case scenario she should be getting 5 pounds a week at worst. thats right isnt it Blob?

Looking at what this guy has coming in, he could easily give 40 pounds a week for his childs up keep he probably wouldnt even notice it was missing. That is not too much to ask. How is he hiding this colossal amount of money Blob?

CMAC_2

You dont need to take it back to the tribunal now if you can prove he has lied. The Commission can ammend the decision now under new legislation. I would start by checking companies house to see if he has any companies. PM me if you have any problems with a search and I see what I can do.


Supersession of tribunal decision made in error due to misrepresentation etc.

11. Where—
(a) a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and
(b) the Commission is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
the superseding decision takes effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.

cadbury35

His evidence was under oath and the judge and accountant were not happy with his dishonesty and said they were not in a position to go on lifestyle because he was trying to make out that his partner ( a ....hairdresser who declared to the tribunal she was supporting his lifestyle by giving him £50 pw..she also declared that she was only earning £100pw and is a mother of 2.
He would also not declare how he recently got another mortgage for £400,000.He declined to comment on what income he declared he was earning and the judge said he could report him for any wrong doings if he wanted to.
I also do not believe he has disclosed his true financial position and he is hiding money everywhere.
How can the tribunal make a claculation on someone that has not provided all the information ?
Is it best to leave things now ...he STILL has not paid anything . The CSA FIRST CONTACTED HIM MARCH 2008.

Matt_Fry

This is not the lifestyle of a landscape gardener, I guess these properties are investment properties and since much of it is out of jurisdiction I fear the CSAs enforcement gimmicks wont work. If he has British company assets and the CSA starts interfering with them or threatens him in some way, he sounds the sort of bloke that might start sacking staff in retaliation.

Talk to your ex, tug his heart strings and try and warm to him, say you are seriously struggling to make ends meet and you cannot realistically work while your son is pre-school age. If you can persuade him reach a friendly agreement, life will be so much easier than fighting him and fighting the CSA.

enemes

Matt_Fry wrote: »

Talk to your ex, tug his heart strings and try and warm to him, say you are seriously struggling to make ends meet and you cannot realistically work while your son is pre-school age. If you can persuade him reach a friendly agreement, life will be so much easier than fighting him and fighting the CSA.

Come on Matt! Wake up and smell the coffee! :coffee:

Matt_Fry

Nothing to lose, but if you are happy with years of endless brown envelopes on your doormat :wall: then dive right in.

cadbury35

My son's father will not pay!! I have been very reasonable and did not want to involve the CSA.. it was his choice to provide false information to the agency and at the tribunal.
I have my own money and work full-time and I am putting money away for my son.I feel that he can financially support his son and he should provide something. I have never refused contact.It is his choice he want's no contact with his son.
How many months can he go without paying and will arrears have to be paid??

Blob

If you have proof that what he told the Judge was under oath and that he lied, then you go to the poice and make a formal complaint there, it is a matter for the DDP to decide on after the police have made their investigations!

sarahx1

Cadbury, my ex partner left full time employment to go self employed to avoid further payments by DEO. I gave the CSA the address of the house he just bought and they were able to contact the mortgage provider and obtain the earnings he declared on the mortgage application and could use this to make a maintenance calculation. This has gone against him because he admitted lying on the application but still has refused to amend unless he provides his earning details. Suggest you ask the CSA to contact who he has a mortgage with for his earnings. Hope this helps.