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CSA break undertaking to MP

Blob
Blob Posts: 1,011 Forumite
The CSA gave written undertaking to a number of people on my case, they were asked for some by a sitting Judge, these are all worthless as the action of the CSA has now proved. They have accepted at the highest levels that they are responsible for the mess this case is now in and are now trying to make us homeless and take money from my partner as well.

The case as I am told has been past to their solicitors to force the sale of my partners home, that I help to pay the mortguage on.

Is there any point in getting an agreement with these people if they then dont keep to it? Are they, or do they think that they are above the law.

It is accepted and admitted that they have lied in Court, they have appoligised to me and my MP more times than I can count.

Is there or are there no control/s on this org?
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Comments

  • frugallass
    frugallass Posts: 2,320 Forumite
    1,000 Posts Combo Breaker
    Blob wrote: »
    Are they, or do they think that they are above the law.

    It is accepted and admitted that they have lied in Court, they have appoligised to me and my MP more times than I can count.

    Is there or are there no control/s on this org?

    I am certain that, statistically, the CSA cause more harm than good - they have ruined many lives and relationships and they have probably even been responsible for ending a few lives too

    They're rotten from the core
  • Blob
    Blob Posts: 1,011 Forumite
    62 lives have been taken as a result of their action and that is recorded by Corroner's Courts. As for the rest it is countless, just think how many times you read on here about the distruction they cause to family life and the number of children that are also put into povity by them!
  • I dont see how they can make a claim on your partners home when you have no claim to it .
    its all about beneficial interest if your name is not on the mortgage then you have no beneficial interest in it therefore there is no money for them in the procedes of sale .
    if you do have your name on the mortgage then sell your beneficial interest to a relative it normally costs around £200 for solicitors to do this for you if the house is in negative equity then you can sell your beneficial interest for £1 . you will need to move fast tho
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
  • Steve40_2
    Steve40_2 Posts: 125 Forumite
    I have just had a stupid letter from the court saying that my appeal is out of time when in fact its not . these people dont like being on the end of litigant people that know the CSA rules better than they know them themselves .

    i have responded reminding them regulation 32(2)of the social security and child support (decisions and appeals) regulations 1999 where by the appellant has one month in which to appeal . so they can stick that in there pipe and smoke it
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Steve40 wrote: »
    I dont see how they can make a claim on your partners home when you have no claim to it .
    its all about beneficial interest if your name is not on the mortgage then you have no beneficial interest in it therefore there is no money for them in the procedes of sale .
    if you do have your name on the mortgage then sell your beneficial interest to a relative it normally costs around £200 for solicitors to do this for you if the house is in negative equity then you can sell your beneficial interest for £1 . you will need to move fast tho

    When payments have been made by a non-owner, it can be deemed that party has gained a beneficial interest - title alone is not sufficient.

    Selling to a relative at this time is a bad suggestion (although I realise your intentions are good) - a court can over-rule a sale where it looks like something has been done deliberately.
  • Blob
    Blob Posts: 1,011 Forumite
    What I plan to do is when and if it gets to court, is to ask the court to agree that if the Order of Sale is granted that they approve that my partner buys my intrest as is proved. This in effect will mean a transfer of the property into the sole name of my partner as if the money that she put into the house and the mortguage is taken out first then simply put there is no money to pay. If the court makes that order then it is finished, they get nothing!
  • Blob wrote: »
    What I plan to do is when and if it gets to court, is to ask the court to agree that if the Order of Sale is granted that they approve that my partner buys my intrest as is proved. This in effect will mean a transfer of the property into the sole name of my partner as if the money that she put into the house and the mortguage is taken out first then simply put there is no money to pay. If the court makes that order then it is finished, they get nothing!


    If you dont have your name on the property and it cant be proved that you have a beneficial interest in it then surely they cant force a sale . i know its different but in bankruptcy law you are aloud to gift money to people , if you have gifted the money to your partner and they have used it to contribute towards the mortgage then thats up to them . Or is there an option of putting the payments down as board and keep if your not married
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
  • LizzieS wrote: »
    When payments have been made by a non-owner, it can be deemed that party has gained a beneficial interest - title alone is not sufficient.

    Selling to a relative at this time is a bad suggestion (although I realise your intentions are good) - a court can over-rule a sale where it looks like something has been done deliberately.

    This is why i said move quickly if the papers are already signed then its a done deal the courts have no juristiction over it
    I only speak of my own experiences. and research that i have carried out whilst dealing with my own case with the child support agency
  • Blob
    Blob Posts: 1,011 Forumite
    The Courts have used the power that they have in this situation in a different case, and I am trying to track down the ref for this. They threw out the application and granted 20 years for the money to be repaid. If this is true then as they say teh worm has turned.

    The CSA rep tried to tell the Judge in a hearing that I was in that you have no power in this matter you have to do as I say. The Judge looked up and said to this woman in a very icey voice, "You will be supprised, just how much power I have in this matter", 1-0 to the Judge I think!
  • Blob
    Blob Posts: 1,011 Forumite
    I have ask, and please dont ask who, for a meeting with a S Manager and the Enforcment Manager, along with the Shadow Sec of State, a member of the Tresurey team and someone from the FSA, I am told that I will prob get this by my friends in low places. I hope to have members of the press there as well, so the CSA will have a chance to explain why it is that they break agreements and fail to comply with the Fin Serv Act.

    I have also asked for a meeting with the Min of Defence to fond out the effect of the CSA on the troops in the front line, and if it is deemed that the actions of the CSA are detremental to the moral of the troops. I will be asking for this to be taken further, in that they are offering aid to the enemy of the Crown in the field.

    I accept that this is outside of what most people will ask for or get, but I am a political animal as well, and anything is posible.
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