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Csa liability order
Comments
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For those who have been in court did you use a solicitor?
My solicitor told me to represent myself as it would be more cost effective as it would get granted anyway .The figures in the liablity order were wrong but judge isn't allowed to question that .
As for the amount i owe. csa have still not phoned back with the exact amount i owe, either 6k or 13k. Surely they cannot ask for order to be granted for 13k if i only owe 6k. Csa had told me the amount owed is irrelevant.
They need to serve paperson you from a Sherriff officer or baillif with an amount .It can't go on hersay via a phonecall
Not sure what to expect in court. csa have basically said i go in listen to them ask for order ro be granted. order is granted and thats it. sounds a bit suss to me. What will happen if LO order is granted. what can i expect. I am paying my arrears off monthly but will they just keep upping it till they get everything off me. what do they want blood.
My (2) judges were sympathetic but explained to me that in law they are not allowed to question how or what the arrears are made of but it took 4 sittings in court before the order was granted .
For example 2 years @ £100 pw rough calculation £10000
CSA's case 2 years @£100 pw = £1874
Was it bring your child to work day ?0 -
how do we go about getting a affadavit?0
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through a solicitor.
i would advise drafting it yourself and then you'll only pay about a tenner to get it witnessed by a solicitor.NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.
and, please. only thank when appropriate. not to boost idiots egos.0 -
hardupfella wrote: »how do we go about getting a affadavit?
There are templates freely available online
http://rfptemplates.technologyevaluation.com/FREE-Sample-Affidavit-Form.html0 -
tosh. what planet do you live on?????
all it has done is create a blackmail opportunity for the careeer pwc's to fleece the nrp and opened up the floodgates for the less honest pwc's to committ horrendous levels of benefit fraud.
i helped a guy a few weeks back who was paying his ex £400 a month cash to avoid csa involvement. she was also getting a further £300 cash off nrp2 as well.
that's £700 a month in cash that she wasn't declaring. i told him to do it via bank transfers labelled "child support" and to inform nrp2 to do it the same way. if she complained, simply stop paying and force her to use csa. they were both paying her more than 15% anyway so had nothing to lose.
she's spat her dummy out and is fuming cos if she declares it or there's a paper trail then she's stuffed.
i wonder how many more cases there are like this????
Not quite enough....
He should also send a letter each time a payment is made with the following details on.
The child / rens full name.
The letter must state that the payment (made through the bank) is for child maintenance and it must also state the amount and the period that the payment is for.
The letter should be sent recorded delivery.
Lets face it she may actually bin these letters but no matter if she does. At least he will be able to provide a fully detailed paper trail of the payments that he has made.
If she starts rejecting, and not signing for the recorded delivery letters, then I would suggest that they are delivered by hand and maybe even witnessed if possible.
Alternatively I think that you can get a free proof of posting slip from the post office.
HTH0 -
My partner are going through CSA hell at the moment and have found the NACSA website (NACSA.co.uk) a great help.
They have loads of helpful free advice on the website and by email, and for a £50 donation you can get telephone support for a year.
They can do an assessment of your case or for around £100 they'll even take over handling your case with the CSA for you. They deal with both PWC and NRP cases too.
After briefly reading through the info I've got so far, it's clear that (shock horror!!) the CSA have lied repeatedly to my partner on several occasions and are using bully-boy tactics to try and don't know what they're doing (told my partner he had arrears going back to a year BEFORE his child was born).
Some brief points to note:
- If they tell you you're legally obliged to pay back any arrears within 2 years, that's not true. It is a guideline for the CSA in reclaiming arrears, not a legal requirement. Point this out to your caseworker if they pull this one on you;
- If they tell you you don't need to attend court, that's only because you'll look delinquent in the eyes of the judge and he'll automatically find in favour of the CSA. Attend all court hearings under any circumstance (where possible, of course);
- They cannot automatically start taking money from you for arrears without first discussing repayment options and agreeing a reasonable rate of repayment with you;
- Go to your MP and highlight what a shambles the CSA/CMEC is. It's the only way they'll ever know what a complete and utter mess the CSA is, and the only way anything can be done about it.
I'd definitely recommend at least looking at the NACSA website as I've found it useful and most important of all, incredibly comforting.
Good luck to everyone :beer:0 -
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