CSA WantTo Take Me To Court

CMAC_2

Form 245 can only be used between the time the Commission apply to enforce an award (ie LO) in the County Court and the time they then go on to apply for a chargeing Order or third Party Debt Order. It is a very short window.

jando

[QUOTE=Orson Cart;25286043
]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.[/QUOTE]

The letter says, Summons to Defendant which i understand it to be a summons,
Are you saying that i should not attend MCourt ? but apply to go for a tribunal for the judge to decide on a reasonable amount to pay off my arears.

Or should i go to the local court and get this 245 form fill it in and take it to the court on my court date to give to the judge?
In need of help. Thankyou

Orson_Cart_2

Tribunal doesnt decide a repayment plan it only decides whether or not the CSA has its facts right and has correctly applied the law.

You dont need to attend a magistrates court for a liability order hearing, that will go ahead regardless so you are better off not even bothering. The CSA is rather vexatious with its choice of words in its documents they send you eg, summons, arrest, prison and bailiffs, its all intimidation.

N245 is a form to apply to suspend an order that is pronounced in a county court, doesnt apply to magistrates courts.

You need to go thru your case and find out why your assessment is wrong, it must be wrong in law, not because its appears to be unfair. Collect the facts about your case then approach an child support expert. MSE isnt setup to give detailed legal advice. NACSA is quick and cheap, and theres Durham Legal if you need a legislation guru.

MeAndMiniMe

I'm not sure why you have even got to the stage of being summoned to court if you have been complying all along with payments just querying the amount you have been assessed to pay? I on the otherhand am on the other side of the coin having an ex-partner who made payments as and when he felt like and who has been assessed for a maintenance figure which he has never paid anything near that amount, somehow chooses himself how much he will pay and when he will pay and hence has accumulated more than £10,000 in arrears. I had the same issues of employers not providing CSA with the assessed maintenance as it would not leave him enough to live on (what's the point of them doing assessment in the first place??) I have fought tooth and nail to get to the stage I am now at with the criminal enforcement team taking him to court to somehow recoup the outstanding debt. I thought I was eventually getting somewhere, however, the hearing has now been put back for the 3rd time at the request of his solicitors (he has never appeared in court himself) and I have just been informed by the CSA that he can actually file for bankruptcy and after all this palava he will not have to pay me back a penny!!! Very vexed about the whole thing!!

nadine273

Being bankrup does not mean that his debt will be erased!
Soooo many ppl think: don't want to pay so if I declare bankrupcy I'm off the hook.
They are so wrong ;-)

kelloggs36

CSA debt will not be wiped out upon bankruptcy - so that is untrue what you have been told.

DONTQUOTEME

Blob wrote: »

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.

Under a Liability Order hearing at the magistrates court, the magistrate does not have the authority to set a amount that should be paid. They determine whether the NRP owes a debt and signs they order. All the CSA have to prove is whether a payment has been missed and whether a DEO is not effective for the order to be granted. At county court stage however its different and you may be correct.

kelloggs36

yes, this is correct, however a magistrate CAN set an amount that the NRP has to pay if the CSA take them back to court to enforce the liability order eg committal. Usually the magistrate will set an amount for the NRP to pay - this does not affect normal maintenance payments, and is only in respect of arrears - if the NRP fails to pay, the CSA take them back to court for a 'show cause' hearing, for the magistrates to decide whether to give them another chance, or whether to go for the committal/removal of driving licence.

Blob

Looks like I will find out soon as the CSA now want to take our home from us, the only reason for us haveing a home is that my patner put her money in to teh house, the CSA are now going to try to get it sold so that they can have thier money.

Problem is that once the mort is paid and she has had her money that she put in there will be nothing left for them.

Result is that the CSA have renaged on an agreement, then made us homeless and not got any money, what a waste of public money!

Will be applying for different orders Monday, as well as asking Shadow Cabnit to chase Lord Turner in his actions against teh CSA.

In the mean time I have to try to comfort someone that had nothing to do with the children or the break down of my relationship with the mother of my children who is in tears because of the faliour of the CSA to do its job and then make someone else responsible and try to make them pay for children that are not theres! A fair system, Ba**s

blimey40

Its is true, that with going bankrupt it does not wipe off the debt.

In reality, I have heard some NRP's do go bankrupt, because there is no-way the CSA can enforce the debt. Basically, because you cannot get money out of someone who legally doesn't have any.

The CSA may come back to it in a few years. By that time, new legislation might come in to defer some of the debt.