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Re-assessed but still have to go to Court
fznuk
Posts: 31 Forumite
After five years of being scared by a very large arrears payment, i found out burying my head in the sand didnt pay off 
I finally bit the bullet and faced up to it and got re-assessed today which considerably reduced the debt due to my lack of earnings over this period but the CSA are still pursuing the fact i failed to comply with their request for information so its now a criminal charge and im off to court next month.
Faced with prison, fine or community service i was assured by my solicitor that due to my circumstances, lack of finance and the scare tactics of the CSA (and other outside father horror stories) together with my health (left my job due to depression) and constant gout attacks it may not get to anything severe, but i suppose it depends on the solicitor and magistrate? I have to see a criminal solicitor next week.
At present im paying the CSA what i can per week and complied so far with everything they asked for so i hope this will help me in court.
I never intended not to pay, just frightened to be left with nothing. My son, who is 10 now doesnt want for anything and happy with his new family and my ex is with her husband but if in any of that time she was in need i would have been there for them.
I now feel i have learnt a lesson but i think if i get anything more than a slap on the wrist it wouldnt help in any way - Prison = out of job, more debt, wont see my son Fine = bigger debt, longer to pay and in my financial circumstances may outlive me! : community servcie = being self employed i would lose work and be out of pocket, failure to pay bills and be in more debt.
I have come forward, started to pay and comply.... isnt that enough??
I dont want sympathy just to survive.
I finally bit the bullet and faced up to it and got re-assessed today which considerably reduced the debt due to my lack of earnings over this period but the CSA are still pursuing the fact i failed to comply with their request for information so its now a criminal charge and im off to court next month.
Faced with prison, fine or community service i was assured by my solicitor that due to my circumstances, lack of finance and the scare tactics of the CSA (and other outside father horror stories) together with my health (left my job due to depression) and constant gout attacks it may not get to anything severe, but i suppose it depends on the solicitor and magistrate? I have to see a criminal solicitor next week.
At present im paying the CSA what i can per week and complied so far with everything they asked for so i hope this will help me in court.
I never intended not to pay, just frightened to be left with nothing. My son, who is 10 now doesnt want for anything and happy with his new family and my ex is with her husband but if in any of that time she was in need i would have been there for them.
I now feel i have learnt a lesson but i think if i get anything more than a slap on the wrist it wouldnt help in any way - Prison = out of job, more debt, wont see my son Fine = bigger debt, longer to pay and in my financial circumstances may outlive me! : community servcie = being self employed i would lose work and be out of pocket, failure to pay bills and be in more debt.
I have come forward, started to pay and comply.... isnt that enough??
I dont want sympathy just to survive.
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Comments
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not for the vultures at the csa. they'll only be happy when they've destroyed you.
pretty much like the dungaree brigade will do when they've finished with the daytime tv and jeremy kyle catch up and log on here! brace yourself for a barrage of "you deserve all you get", "it's your own fault", blah, blah, blah.
good luck with them, i'm off down the pub!! :rotfl::rotfl: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 -
if it is an information offence then they will only consider a fine of up to £1k - it isn't an offence where they will imprison you.0
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I have done a lot of research into this offence now, seen two solicitors and feel a bit more clued up now.
I have accepted all responsibility for payment to maintenance and the new assessment of arrears which im glad to have sorted, well sort of.
Im probably lucky in that i have a decent CSA case worker who, after a few calls in actually on the same level and accepts my honesty in that im on a low income, no assets, no savings and in benefit paid accommodation, so they cant get blood out of a stone (if not for trying!) She also accepts my willingness to pay but both of us see this court hearing a total waste of time since i am 100% in complience.
She has even tried to negotiate with their criminal team to drop the case so i dont have fines or court costs which WILL imped on my ability to pay there set payment plan for arrears. I have tried letters and my MP but with no joy so the date is set and i will have to appear and hope the magistrate will take some sympathy in my case (My solicitor said to send the court a letter of my situation and causes in my defence ahead of the date) as i wont need representation on the day.
So, now i have complied, im happy, the CSA are happy, reasons accepted, they are still taking me to court to fine me, pay bloody solicitors and costs which will totally go against the reason for the CSA to get money for my son... he will (now even my case worker totally agrees with me and doesnt want the court hearing) now lose out, or the CSA will on getting the arrears sooner.
But, as my solicitor said, its now political and im a number and now nothing to do with them giving a !!!!! about money for my son..... all makes me angry even more so.
They HAVE the power to let this drop, i have since this case was getting sorted, lost sleep, worried, had to do a lot of admin and lost work for nearly two months....i have held my hands up and already feel i have been punished enough. all now just a farce! Even on the court day i will have to travel an Hour to the court, pay for petrol and parking...and time out from work. When i could be working now to pay arrears and continue my life. I have a great relationship with my son and already spend what i can save on him.
At the end of the day, if i cant look after myself financially , how can i look after my son? - if i was loaded and just refused to pay then i would throw the book at me and throw away the key! :mad:0 -
Update:
Had my day in court today and got conditional discharge with court costs. Was scary and felt like a bloody murderer!! :mad:
One thing, i couldn't believe the DWP prosecuting officer didn't have the right information to hand to read out in court as he said i STILL hadn't been in contact when i had already been re-assessed and paying....so, my plea letter made him look real stupid in front of the magistrate. He also had to agree with me so i think that stopped me getting a fine.... they're bloody useless!!
anyway, all sorted, im paying off arrears and current maintenance.
I still feel even though its settled they are going to !!!! something up! But i will be there to pick up on it and go through it with a fine tooth comb like they have
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Glad to hear you got it all sorted:)0
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