Liability Order,

alby95

Yesterday the CSA was granted a liability order against me, I have always disputed the assessments, though they always said they would investergate after severel weeks even months in some cases, nothing would be done and everytime a new case worker was appointed and the process would have to start again.

In August 05 i recieved a letter saying that child maintenance payable by me had been cancelled, and was backdated till Feb 05.
Also in the letter was an arrears amount of £1800 which i disputed and asked for them to review the previous assessments as i had already paid more than £3,000 to my ex wife.
They sent me a declaration slip to fill in, which i duly did, and even though they did not ask for evidence of payments i sent the evidence in anyway. In the hope that it would save time. I thought that would be the end of the matter.

In the April of 05 i was granted in court residency of my 10 year old son.

In November of 05 i recieved a letter from the CSA saying that they had reviewed my case and were increasing my weekly payment, Informed them that the case was closed and that my son was now living with me. They said they would be back in touch, heard nothing till November 08 saying they were taking me to court for an order to recover £3.600.
They were still charging me child support for a child that was living with me. I thought it would be easy to explain to the court the error the CSA had made, but i was totally shocked when the judge totally dismissed everything i said, and even when i showed him the letter saying it was cancelled in 05, he did ask the csa to explain and they said it was a mistake, and he excepted their word.
I showed the court order saying that i had residency of my son and that too was dismissed. He then granted the order, and i understand i have no chance of appealing. How can this be right.

I am now in a situation were i have to pay my ex £3,600, support my son on my own, as i get no help from the csa in getting my ex to pay child support for my son.

anybody any ideas where i can go for help.

Alby

bdt1

You may be able to make an 'out of time' appeal against the decision, make sure that you specify why you challenge the decision, and enclose evidence, send everything recorded delivery. You may also benefit from asking for your data protection file, NACSA website has a template letter you can use for this, also send recorded delivery.

We have managed to do this, but our appeal was still within the 13 month timeframe, sure others will be along soon to help out

bdt1

Sorry, just to clarify, you cannot as I understand appeal against the Court decision, I meant the CSA assessment decision.

Steve40_2

your not alone in this i have experienced exactly the same thing with my oldest daughter though i have not received an LO yet . from what i have read and heard the judge is not aloud to question the debt he is only there to make the order on the CSA's behalf its sad but thats it. and you have just confirmed what i had previously said on another thread.

Try going to your local MP's surgery and get them on board they may be able to offer some support in dealing with the matter most Mp's are happy to help.

At the moment i have a tribunal pending and my MP is instructing the independant case examiner .

Please dont feel alone there are hundreds if not thousands of people in the same position as you and being treated as criminals by the draconian agency which is the csa .

chriszzz

alby95 wrote: »

Yesterday the CSA was granted a liability order against me, I have always disputed the assessments, though they always said they would investergate after severel weeks even months in some cases, nothing would be done and everytime a new case worker was appointed and the process would have to start again.

In August 05 i recieved a letter saying that child maintenance payable by me had been cancelled, and was backdated till Feb 05.
Also in the letter was an arrears amount of £1800 which i disputed and asked for them to review the previous assessments as i had already paid more than £3,000 to my ex wife.
They sent me a declaration slip to fill in, which i duly did, and even though they did not ask for evidence of payments i sent the evidence in anyway. In the hope that it would save time. I thought that would be the end of the matter.

In the April of 05 i was granted in court residency of my 10 year old son.

In November of 05 i recieved a letter from the CSA saying that they had reviewed my case and were increasing my weekly payment, Informed them that the case was closed and that my son was now living with me. They said they would be back in touch, heard nothing till November 08 saying they were taking me to court for an order to recover £3.600.
They were still charging me child support for a child that was living with me. I thought it would be easy to explain to the court the error the CSA had made, but i was totally shocked when the judge totally dismissed everything i said, and even when i showed him the letter saying it was cancelled in 05, he did ask the csa to explain and they said it was a mistake, and he excepted their word.
I showed the court order saying that i had residency of my son and that too was dismissed. He then granted the order, and i understand i have no chance of appealing. How can this be right.

I am now in a situation were i have to pay my ex £3,600, support my son on my own, as i get no help from the csa in getting my ex to pay child support for my son.

anybody any ideas where i can go for help.

Alby

I would personally write a letter to Mr Brown 10 Downing Street, with all the evidence and let him know that while the government white paper agree to the recommendations of the Four Principals that Sir David Henshaw put together is not a true record of how changes happen to pwc and nrp and that the csa are still classing you as the nrp because they have been programmed to recover maintenance.
Four principals are:

Help tackle child and poverty
Promote parental responsibility
Provide cost-effective and professional service
Be simple and transparent

Nothing in the white paper that states your situation, so you would need to know how the government can help situations like yours??

alby95

bdt1 wrote: »

Sorry, just to clarify, you cannot as I understand appeal against the Court decision, I meant the CSA assessment decision.

I did write to the csa for all information held on me back in July, followed up with an email with the same request in August, as yet no reply, is there a time frame to which they have to comply? i thought it was 28 days. Thanks for your reply.

alby95

Steve40 wrote: »

your not alone in this i have experienced exactly the same thing with my oldest daughter though i have not received an LO yet . from what i have read and heard the judge is not aloud to question the debt he is only there to make the order on the CSA's behalf its sad but thats it. and you have just confirmed what i had previously said on another thread.

Try going to your local MP's surgery and get them on board they may be able to offer some support in dealing with the matter most Mp's are happy to help.

At the moment i have a tribunal pending and my MP is instructing the independant case examiner .

Please dont feel alone there are hundreds if not thousands of people in the same position as you and being treated as criminals by the draconian agency which is the csa .

Thanks for your reply, I will follow your advise and seek help from my MP, your comment about being treated as a criminal is spot on. When i walked out of that court i felt the world had gone mad.

Orson_Cart_2

alby95 wrote: »

Yesterday the CSA was granted a liability order against me, I have always disputed the assessments, though they always said they would investergate after severel weeks even months in some cases, nothing would be done and everytime a new case worker was appointed and the process would have to start again.

If the CSA try to enforce the debt, theres a legal ruling that says the CSA must prove the assessment is accurate otherwise enforcement action must cease. PJG v Child Support Agency [2006] EWHC 423 (Fam)

MIKEtheBIKE_2

I believe the time allowed for the CSA to get your files back to you is 40 consecutive days. Not working days - actual days.
Have a look at NACSA website and deadbeatdads website. Lots of useful info.

Steve40_2

MIKEtheBIKE wrote: »

I believe the time allowed for the CSA to get your files back to you is 40 consecutive days. Not working days - actual days.
Have a look at NACSA website and deadbeatdads website. Lots of useful info.

You are correct the dpa data should be forwarded within 40 days i got mine yesterday i applied on the 20th of august its in there best interest to comply as it doesn't look very good for them in court if they dont

bdt1

13 months down the line from when we applied for our DP File, CSA originally sent it over 1 month late, stuff missing and now after ICO involvement, they have admitted some of our personal info has either been lost or destroyed - they have admitted breach of the 6th and 7th principle of the DP Act.

Just very cynical as the info was infact the evidence that proves their assessment is totally incorrect, and that the associated arrears etc are a looad of rubbish, have copies of this info, so be interesting when we supply it for forthcoming Tribunal. CSA have now admitted their assessment incorrect, and if they can corralate all info before our Tribunal date, the appeal will lapse in our favour and no need for Tribunal - shame as we had bailiffs at door, LO, CCJ and application for charge on our property on these 'alleged arrears'