Appeal Tribunal

bdt1

Update for all who know us.

Hubs (NRP) and I (NRPP), have 2 children, I also have 2 ds from 1st marriage who live with us, and hubs has CSA case for 2 dd aged 16 and 19

Basically when PWC failed at Triunal in case lifestyle inconsistent with declared earnings, she 'plagued CSA - their words not ours' until Criminal Compliance involved. Criminal Compliance looked at our bank statements and used all credits into account except my wage as assessale income - in truth they included child benefit, my CSA money from 1st hubs, my company expenses monthly reimbursement payments etc etc. We have appealed and supplied the relevant bank statements which clearly show what the credits were . BUT CSA being what they are, they said we owed 34k as a result of this incorrect new assessment, then gained a LO, CCJ, sent bailiffs , and got an interim charge on house.

We had lodged appeal, and had date for hearing, this was postponed as CSA hadn't supplied requested documents. So up until yesterday just waiting for new date.

Got letter from Tribunal stating, Appeals Officer had changed decision in our favour so appeal had lapsed...............HMMMMMMMMMMMMMMM

Got letter this morning from CSA to say they have included the 4 children in our household in assessment (they previously said there were none), but couldn't change the assessable income as although they have HMRC tax return copy, they state HMRC say hubs didn't sumit tax return for 2004/5. RUBBISH............HMRC would have been on his back and fined him if he hadn't!!!!!!!!!!

So, the appeal cycle starts again, we will appeal against this newer incorrect decision, contact HMRC and send for the 3rd time the relevant bank statements which show exactly wha tthe credits were!!!!!!!!!!!!!!

Just one consolation, hopefully this Christmas Eve, Enforcement will not be ringing us asking if we managed to get a loan or re-mortgage to pay the incorrect 34k arrears ?????? Who knows???????????

bdt1

Just to add, my hubs is compliant pays CS weekly, yet just not at the £800 p/m they incorrectly state he should - he's a part-time s/e manual worker not Richard Branson, not that the PWC or CSA are interested.

Blonde_Bint

Keep at it bdlt you'll get there in the end:)

LizzieS_2

It appears the appeal was to request the children in your household to be added plus the income to be changed?

If the csa have agreed only one element of the appeal, surely you should be making the appeal panel aware so the rest of the appeal can still go ahead?

Blob

LS in the real world yes that would stand up, but you are dealing with teh CSA and they live in their own world and in their opinion they are above the Law and the Courts so why should the Appeals System be any different.

bdt1

You are right!! They should still look at the incorrect income. This appeal decision was from 2004, we were/are also appealing against similar incorrect decisions from 2006, when our dd was born, and then 2007 when PWC asked for re-assessment.

These 2006 and 2007 decisions also do not include all children in our household, have a totally incorrect housing allowance (they say our mortgage was £299 p/m it was in fact £899!!), and of course the NRP income is totally wrong. BUT Clerk to the Tribunal has told us that although we were appealing against 3 decisions 2004, 2006 and 2007, the whole appeal has lapsed and there are no outstanding appeals being dealt with By Triubunal, so we must appeal again to CSA. It's crazy all CSA have done is included the relevant children in the 2004 assessment, and haven't looked at anything else, or any of the other decisions we are appealing against.

It's taken us nearly 2 years to get this far!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Blue_Horizon

Have you written to your MP? I recently wrote to the Client Services Director and copied my MP over the CSA's failure to progress and implement an appeal I won. The called just before xmas and offered me compensation!

CSA_Help

Blue_Horizon wrote: »

Have you written to your MP? I recently wrote to the Client Services Director and copied my MP over the CSA's failure to progress and implement an appeal I won. The called just before xmas and offered me compensation!

Well Done
Let me guesss £50 :rotfl:

Blue_Horizon

CSA_Help: LOL - he did say I should expect much, so I would say £50 is going to be about right. I told him I wasn't interested in compo I just wanted the almost £2500 overpayment repaid - kinda puts it into perspective !

bdt1

Last time got MP involved was when we originally wanted CSA to put 34k arrears correct - as we had sent them evidence it was totally incorrect. We got monkey not organ grinder! Our MP Assistant 'helped', yet when he was himself getting no further forward and we were quoting CSA Law, and asking him he should be directing our concerns to 2 named personnel in CSA (ceo csa 2 assistants), he started eing less helpful......................I have a few lovely e-mails I have kept, wherey he says 'if we had paid more in way of child support to start with we wouldn't be in this mess'!!!!!!!!!!!!!!!!!!!!!!

Good point, but we have always paid what was assessed, except when they have made the huge errors in question, and wanted over £800 per month from us, my hubs only works part-time and doesn't even earn that per month.

As we are tax paying, law aiding citizens that own a home and have never claimed a penny in support from the 'system', nor receive any benfits except CTC and child benefit, I think his attitude is disgusting. I have kept his communications and will when the timing is right, use them to senior MP's. It goes without saying our local MP is laour, and standing down anyway, so assistant will probably be 1 of the millions on dole and receiving Job Seekers Allowance himself soon!!!!!!

CSA_Help

bdt1 wrote: »

Last time got MP involved was when we originally wanted CSA to put 34k arrears correct - as we had sent them evidence it was totally incorrect. We got monkey not organ grinder! Our MP Assistant 'helped', yet when he was himself getting no further forward and we were quoting CSA Law, and asking him he should be directing our concerns to 2 named personnel in CSA (ceo csa 2 assistants), he started eing less helpful......................I have a few lovely e-mails I have kept, wherey he says 'if we had paid more in way of child support to start with we wouldn't be in this mess'!!!!!!!!!!!!!!!!!!!!!!



Name and shame the officers my recent complaint got me compensation as it was partly upheld .My newest complaint it was the complaints officer in the CSA that instigated the complaint of 2 officers that had screwed my case up .

Keep at these incompetant nice bunch of people :rotfl: