Child's Post Office account - are these safe from CSA new Bank arrestment laws?

CornishBloke29

bdt1 wrote: »

Cornish Bloke be interested in result, as my child is due to receive some money, and as a NRPP I'm fearful that wherever we put my sons money, my hubs ex (PWC) is so vindictive, had Criminal Compliance involved twice in hubs case.

Is this criminal law?

Then why isnt the CSA charged under the Fraud Act? it made a false statement in a telephone conversation to my former employers payroll dept even after hearing the caveat - calls may be recorded or monitored for staff training purposes.

Its why I routed the CSA through the switchboard, but it seems the CSA is exempt from criminal liability. When it was reported, police said its a civil matter (sic).

CornishBloke29

bdt1 wrote: »

Cornish Bloke, you can appeal out of time in exceptional circumstances - we did this successfully, and are awaiting Tribunal hearing date

Someone else said the same, its 13 months, but im well out of time.

I work for an international bank and rarely read mail sent to me un the UK when we are overseas. My tenant just put the mail aside and the CSA says delivery of a letter to his last known british address is the same as having read, acknowledged and understood the content of that letter. I tried to argue Section 7 of the Interpretation Act 1978 (contrary to intention appears) but the CSA is having none of it.

The CSA doesn not accept a german address as a valid address, it has to be a UK address and if none, the CSA takes the last known address.

My children attend international schools and the CSA classes this as the mother has custody. She has never been to Frankfurt let alone sent my kids there.

CornishBloke29

Kimitatsu wrote: »

, they have the ability to track her through NI contributions etc, after all if you dont know where she lives she could be working and you coul dbe entitled to CM.

Been there, the CSA cannot reveal where she lives. She has never worked anyway so I see no reason a leopard to change its spots.

CornishBloke29

Kimitatsu wrote: »

But if it has been left to him then the will is a legal document which put the money in his name. Put it in trust until he has finished full time education and she would have no recourse to touch it

Im not dead yet and I dont think a will trust is relevant. but I am seeking advice whether a CSA-liable trustee can act over an inter-vivos trust without the CSA inferring the assets held in trust for a benefiiciary are the personal property of the liable trustee.

I am asking Post Office this issue because its NS&I literature makes references to trusts but I dont know whether the CSA can infer the content of an account in trust can unilaterally be converted to somebody other than the intended named beneficiary. In other words, I need to know if the CSA can intentionally pervert the Trustee Act 1925, it is already perverting the Interpretation Act 1978 and there is no legal structure to enforce the CSA to comply with the law - im out of time to complain to a tribunal.

Earlier in this thread, the CSA uses the word criminal, and there is no time limit for a suspect to be charged with a criminal offence provided it was an offence on the date is was committed. I dont yet know what law enforcement authority is responsible for making the law work.

CornishBloke29

Kimitatsu wrote: »

If for example they earnt £10k in interest every year from a capital amount then that would be liable to the basic rate of tax. The form you sign for non payment of tax declares that the person who benefits from the account will not earn enough to take them over that threshold.

I dont think we are even close to those kind of sums.

The capital amount at todays interest rates would need to be well over £150,000 and the maximum balance a child's Post Office NS&I account allows is £20,000.

Kimitatsu

CornishBloke29 wrote: »

I dont think we are even close to those kind of sums.

The capital amount at todays interest rates would need to be well over £150,000 and the maximum balance a child's Post Office NS&I account allows is £20,000.

Being honest from everything that you have said I think you will be safe, the kids now live with you, the arrears (if you have any) are being paid at an acceptable rate amd the money is for the long term welfare of the children.

Technically yes the CSA could take any account in your name and use the proceeds in that account for arrears is the quick answer, but in reality you have a very strong case to say that these are protected funds in trust for your child. Will look up the legislation for you tomorrow and get back to you.

Earlier in this thread, the CSA uses the word criminal, and there is no time limit for a suspect to be charged with a criminal offence provided it was an offence on the date is was committed. I dont yet know what law enforcement authority is responsible for making the law work

The CSA has its own criminal compliance unit therefore it needs no other unit to enforce the law, similarly DEO's do not need to go to court the CSA can just issue them and they are a legal document.

Have you asked for all of your information under the data protection and freedom of information acts? You may well find a technicality you can appeal to a tribunal on, and once the case is opened for investigation all sorts can come to light.

plok

shell_542 wrote: »

But they would have to provide some evidence of this inconsistency, surely? A PWC couldn't just accuse anyone willy nilly and the CSA go off investigating people's bank accounts?

Plok, I don't know if your post was aimed at a general "you" or you meaning me, but I pay for my children. They live with me lol I am not an NRP. My husband pays his child support via a private agreement so no CSA involvement thank god.

The "general" you and not you in particular Shell.