Csa Law regarding Enforcement Suspension

bdt1

Hi, just a quick one.

Basically those of you who know us will remember that CSA made massive errors in a few decisions, I'm NRP and they looked at our bank statements, included child benefit, all tax credits, my partners CSA money for her 2 ds from 1st hubs and her monthly reimbursement of company expenses from her employer all as my assessable income. They made maintenance assessments, backdated it said we owe 34k arrears ot LO, CCJ, charge on house etc, so now at point where CSA appeals admit decision 'wrong in law', so sumitted oodles of paperwork to Tribunal and just awaitin hearing date.

got letter this morning copied by Tribunal from the PWC, she complains to the Tribunal judge about how long the process is taking, she whinges about a few things that have already been covered 'like lifestyle inconsistent - but that was thrown out by 2005 Tribunal' etc etc.

But she then goes on to sayto Tribunal judge that she suggests CSA Enforcement action be re-instated!!! Can I ask what CSA laws exist to ensure that while an appeal/Tribunal onoing enforcement will be suspended. Our case has already gone to ICE who liased with CSA to ensure as CSA admit the case is incorrect that they then cannot pursue at present - surely the PWC is just making herself look a tad silly, and sure the judge will love being told he should get a wiggle on wit the case, and that the PWC suggests reinstatement of enforcement!!!!

bdt1

Just to add, I am paying regular child maintenance, and we did enlist ICE who agreed and liased with CSA enforcement to ensure enforcement will be suspended until after a Tribunal hearing, the Judge at County Court also told CSA basically to go away with regard to force of sale, until after a Tribunal had sorted if there were any arrears and if so, how much!!

speedster

i'm surprised the csa are going along with it to be honest.

have you involved your MP? that can sometimes make all the difference to the way the csa pander to the constant whinings of a selfish, vindictive pwc.

bdt1

MP (or MP Assistant) very unhelpful, eager at first, but I have a lovely e-mail from our lovely Laour MP's Assistant stating that if I had paid more in the way of CS then I would not be in this situation, I did tell him that I had previoulsy ALWAYS paid what they had assessed me as, ovioulsy when I wasn't earning and had nil assessment for short while, or was setting up in business, so had little in way of profitable earnings, has gone against me in eyes of MP Assistant. I did also state that it has never been that I have not paid, the only time I did not pay was when I was assessed as nil.

So, MP useless

speedster

mmmm. sounds like the assistant is one of those whinging pwc's then!!! :rotfl:

Sunsh1ne

The decision on whether the CSA enforce arrears is discretionary.

Child support legislation does not compel the CSA to enforce recovery of arrears of child maintenance.

Taken from OPSI.gov.uk (found by googling Child Support Act 1991):

Child Support Act 1991

4 Child support maintenance
(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the absent parent may apply to the Secretary of State for a maintenance assessment to be made under this Act with respect to that child, or any of those children.
(2) Where a maintenance assessment has been made in response to an application under this section the Secretary of State may, if the person with care or absent parent with respect to whom the assessment was made applies to him under this subsection, arrange for—
(a) the collection of the child support maintenance payable in accordance with the assessment;
(b) the enforcement of the obligation to pay child support maintenance in accordance with the assessment.

(bold is my own).

You will note that Section 4 (2) says "may" it does not say "will".

In the vast majority of cases the CSA does elect to collect and enforce maintenance because:

a. That is what parliament designed it to do. &
b. The collection and enforcement of maintenance owed (because of a statutory child support claim) will normally be deemed to be in the "welfare of the child" as per Section 2 of the Child Support Act 1991,

Where appeals are ongoing the CSA may suspend enforcement of debt. This is most likely to apply where the pending appeal could alter the debt that they are seeking to collect. The CSA does not have to suspend the collection and enforcement of a debt just because of an appeal. In your case - where a liability order has been granted - the CSA could legally continue to enforce that order.

The current liability order debt is all legally due until such time as an appeal (or other decision) changes the maintenance calculation that saw the arrears accrue. At that stage the CSA can either enforce the remaining amount, or if the arrears have increased apply for a "top up" to the existing order so that the new arrears are included.

bdt1

Thanks Sunshine, and also thank goodness for ICE!!!

Especially when we have proven the debt is incorrect and not owed, and CSA Appeals agree (we have it in writing this assessment is incorrect in law). We have submitted bank statements which clearly show the credits CSA used as NRP assessable income were marked 'child benefit, NRPP ****** Co Expense reimbursement, CSA (for NRPP 2 ds from 1st marriage etc).

A stranger thing happened after this got to Enforcement though, our precious bank statements proving our innocence, were 'lost', CSA after we involved ICO, ave admitted they breached the 6th and 7t Principle of the dATA Protection Act, not only was our DP very late, and overdue the 'target', (CSA words), but our bank statement were lost!!!!

Funny, seeing as, Enforcement acknowledged receipt of the bank statements and a certain staff member pledged to look into our incorrect assessment, but after all, when enforcement staff are topped up by bonus incentives for targets, our bank statements were ound to be lost weren't they!!!!!!!!

We have copies of course, and CSA Appeals have seen these, agreeing the assessment is totally mad.

Only reason CSA Appeals not dealing with it themselves immediately, is because PWC has told them no matter wat she will appeal their decision and it will go to Tribunal anyway, so they have referred it to Tribunal from outset

bdt1

I will be writing to Tribunal to tell them that I'm pre-empting a further variation, on grounds of lifestyle inconsistent with declared earnings, by PWC. My wife the NRPP has applied for a lease car through her work, and if in next couple months when a brand new Corsa TDI Ecoflex is parked on the drive, the PWC, who hangs around taking pics on regular basis, will challenge this, she did before, when my wife previoulsy got company car. She will be asking CSA to ask us, where we have got the money from for a new car, she will dispute the CSA Appeal decision and then take us to a 3rd Triunal, not exaggerating, just know her inside out, so maybe just alert her to the new car, so Judge can let her know, before she starts taking pics, which she can fax to CSA Appeals.

She obviously has far too much time on her hands

speedster

i'd seriously consider reporting her under section 8 (?) of the puclic order act for harassment.

i'm one step away from doing that to my ex if she doesn't wind her neck in.

bdt1

We have solicitor instructed to commence injunction against her if 1 more incident, she has already been warned twice by Police and our solicitor, Police told us, to be careful though as injunction can sometimes make matters worse. She has on several occasions enlisted 3rd parties, to pose as salespeople knocking on our door, and also as old business acquaintances of mine, when i'm not in and my wife home - luckily my wife knows the PWC of old, and smelt a rat immediately - how many business contacts, know your home address?? Wich is why my wife gave her nothing except a polite thanks that she would pass on a message, and NO the visitor could not come into our home and wait or have my moile number - surely a business contact would have this and not my address??

Silly moo!!!!!!!!!!!!!!!!!!!!!

She's crazy, ut we know that makes her more dangerous, not on aout with regard to CSA, just in general, she already assualted both my wife and I etc etc, and I've been with my wife for 17 years now, so you'd think an ex in her mid 40's would have moved on - it seems not!