CSA WantTo Take Me To Court

Blob

I think that you will find that if the C Court issues the Warrent from Form 245 then all enforcment has to stop and that includes a LO application. The reason behind this is that there can be no action if a Court Order is in place to pay off the arrears. The Court will have taken into account how much the applicant earns as well as what is needed to pay day to day liveing cost, before it makes it's decision.

Again once this Warrent is in place the hands of the CSA are bound and there is not thing one that they can then do to push for the payment of arrears, their policy has no effect in the County Court, but the Law and the the Judge do!

CMAC_2

Blob wrote: »

I think that you will find that if the C Court issues the Warrent from Form 245 then all enforcment has to stop and that includes a LO application. The reason behind this is that there can be no action if a Court Order is in place to pay off the arrears. The Court will have taken into account how much the applicant earns as well as what is needed to pay day to day liveing cost, before it makes it's decision.

Again once this Warrent is in place the hands of the CSA are bound and there is not thing one that they can then do to push for the payment of arrears, their policy has no effect in the County Court, but the Law and the the Judge do!

I think you find that you are wrong, the County Court via a Form 245 is a suspention of a warrent ( I E an application to enforce the LO in the higher Court) Once the LO has been granted and the Commission make an application to enforce it it the CC and you put a Form 245 in then you are right but doing it prior to the liability order cant be done in Law as the warrent that needs suspending does not exist.

kelloggs36

As this is CS1, it does not mean that the OP has to have been earning a huge amount of money at the time; low or no housing costs could well be the reason. However, the OP does indeed need to establish whether this is an IMA or an FMA. If it is an FMA then there is less chance of it being altered. OP did you notify the CSA when you changed jobs to get a newer, more realistic assessment done? If not, then it is entirely possible for such arrears to have built up and you won't be able to get it changed retrospectively.

Blob

My understanding of the Warrent issued on the application of Form 245 and I may well be wrong, is that it is a form of administration, and the Court then sets the amount that you will pay. This can be applied for at any time for any debt, and as such is binding on all parties! Like it or not that includes the CSA, and they dont.

kelloggs36

Jando - did you pay ANY child support???

Orson_Cart_2

I dont think historical payment amounts are important to the OP's question.

Jando, I think the CSA is applying for a Liability Order in a Magistrates court, Im afraid you cannot challenge the application or the assessment because the law specifically prevents defendants giving a defence and the court does not consider the facts. (Section 3(4) of CS Act 1991). You are not being summonsed to court, its an invitation to attend court but you will be wasting your time going there, if you attend court, the CSA will see that you have acknowledged the debt and know you are aware of the liability order.

You need to get a tribunal, it’s the only way so phone the tribunal service (Google 'Tribunal Service' - soz I cant post links). but until then the CSA will go ahead with the liability order and enforcement, once tribunal is lodged then enforcement action will stop until the tribunal as decided whether your assessment is accurate. You can still query the debt after the magistrate has issued the liability order, you dont need to acknowledge receipt.

There appears to be a legal precedent which says the CSA must prove the assessment is accurate before making a court concede enforcement action or applying for a Liability order, Section 33(3) of the Child Support Act 1991 says before granting a Liability Order the Court must be satisfied that the debt presented by CSA is accurate - Google this, PJG v Child Support Agency [2006] EWHC 423 (Fam) Justice Munby). Make a written defence (short statement) quoting the above case and legislation and say clearly why your assessement is not accurate. Sent to court with a covering letter addressed to the court manager asking to place your statement before the magistrate when he considers the CSA's application for a liability order.

Google 'NACSA', you will get top-class advice very quickly and cheaply and help you format your statement to send to the Mags court.

kelloggs36

It is relevant - if the OP has failed to make any payments, then the CSA are likely to come down very hard on him - he will be deemed as totally non-compliant.

Orson_Cart_2

Your question makes no sense.

The OP's original post already answers your question, he is already paying but says he is paying too much.

Either the CSA says he is compliant or he is not. There is no such thing as 'deemed totally non compliant', the CSA tried that one at my tribunal and the judge slung it out quicker than the CSA bloke could finish his sentence.

The OP says the CSA is taking him to court, other than a magistrates court for a LO how else can they 'come down hard on him'?

The CSA spends too much time looking for reasons not to correct assessments, they look for faults with the NRP as a distraction, so how much the OP has already paid is not relevant, he asked about being taken to court and he says the payments are too high.

bdt1

So, just say for instance, if an incorrect LO is in place, a CCJ for the same incorrect amount, and then an application for charge order made, but on hold pending outcome of a Tribunal for the same aforesaid incorrect assessment - can the person involved look at form N245?

We have Tribunal next month, CSA said 34k arrears, now admit their assessment is totally wrong, but want clarification on couple of points, so why it is going to Tribunal, unless (as stated in one letter from them) they can source all relevant evidence, then my appeal will be dropped and no need to go to Tribunal. So, as previously stated, with all of above enforcement action been taken from CSA for a 34k figure which is totally incorrect, and they admit this, when we go back to CC in Nov to discuss the application from CSA for charge order, can we pull form N245 out of the bag, or are there circumstances whereby this is not permitted?

Any advice greatly appreciated

bdt1

Just to clarify I am actually paying CSA maintenance weekly, so I should not be deemed as non-compliant