CSA might compensate me

Prudent

Toto - I would like to encourage you. I have had compensation from the csa for failure to make an assessment within a reasonable time. I have had a very bad time with csa (and have just started yet another battle with them!). They are exceptionally incompetent.

A couple of years ago I pursued a claim for compensation because 1) they failed to carry out an assessment within a reasonable time 2) ignored valid evidence obtained by a court like my ex's p60 which clearly showed he was lying about his income.

Following an assesment being done I got full money for the months missed, plus interest ( I thnk at 5%?) plus compensation for 'gross inconvience'. It came to a substantial amount.

The down side is my appeal took nearly 9 months. This was blamed on the failure of the computer system. I phoned them 3-4 times a week in this period and was always fobbed off or told contadictory stories. You will not get compensation before an assessment has been made - they don't know how much you are due. In my case they kept delaying the assessment. Eventually out of sheer frustration, I gave them 7 days to make an assessment or said I would go to the press. On day 6 they phoned telling me the asssessment had been done and posted out to me. On day 7 it arrived! Compensation came about two months after this.

Good luck - I hope you get justice.

Prudent

Toto - just re-read your post. One of the sad things is that it is the tax payer who will pay the whole amount of compensation. This angers me as my ex an evasive high earner too - I think these non payers, not the tax payer, should have to pick up the bill.

Sensemaya

jaja

Sorry about the length of time it took me to reply to your PM. It's certainly a small world.

Toto

Please let us know how you get on.

Prudent

Too right.It's just a total mess.I think there would be an uproar if the general public just knew about how much is paid out.

I might as well say I'm a hair's breath away of instigating a Judicial Review against them.It's been put on hold for ages...having been in negotiations with them for ages.They have just reneged on an "agreement" held in front of my MP. We are currently waiting for the letter...for over a month now.

Can't wait to read Sir David's " on 900 quid per day" report.

Edit: and another thing.When they take non paying NRPs to Court,the NRPs don't even have to pay Court costs!!!!!!

Prudent

Sensemaya - honouring their word (or even indeed knowing what they said in the first place) is definately not a strong point of the csa. After an mp's enquiry it was agreed that the assessment of my ex's earnings would be done annually by his p60. Each year I have to start lengthy negotiations from about February to get them to honour that. They always deny having agreed to it. Last year he sent in an old p60 - and then boasted they had done the assessment from this. When I tackled them they acknowledged this was the case, but to ask him again to send in the right one would be 'harrassment'! Ironic, when thousands of parents across the uk are undoubtly harrassed by the ongoing incompetence of the csa.

ZTD

Prudent wrote:

Last year he sent in an old p60 - and then boasted they had done the assessment from this. When I tackled them they acknowledged this was the case, but to ask him again to send in the right one would be 'harrassment'!

So it's inaccurate, they know it's inaccurate, but they are using it anyway. Ho hum. From here

Principles
There are eight principles put in place by the Data Protection Act 1998 to make sure that information is handled properly.

These state that data must be:

1. fairly and lawfully processed
2. processed for limited purposes
3. adequate, relevant and not excessive
4. accurate
5. not kept for longer than is necessary
6. processed in line with your rights
7. secure
8. not transferred to countries without adequate protection.

By law data controllers have to keep to these principles.


And from here

Your Rights

The right to compensation

This allows you to claim compensation through the courts from a data controller for damage, and in some cases, distress caused by any breach of the Act.

The right to ask the ICO to assess whether the Act has been broken

This allows you to ask the ICO to investigate and assess whether the data controller has breached the Act. Please read our how to complain section, which explains how to do this.


So...start complaining.

Toto

I have just written a long letter to my local MP and requested a surgery appointment. I'll let you know how it all goes. Thanks again for all of your help.

Sensemaya

Toto

Make sure you phone up the MP's office as it might be a couple of weeks before they can fit you in.

Further to ZTD's useful posting,here is another link.

http://www.dwp.gov.uk/publications/dwp/2003/frm/07_exgal.asp

Also write them a letter under the Data Protection Act asking for them to send all info they have on your case. They have 40 days to do this.If they fail to do this,you can complain.

ozzyfan_2

Good luck Toto & I hope that you are successful in getting compensation.

I was getting maintainance for 2 of my sons through the CSA up until 5 years ago when they reassessed the claim to £0 under the old system despite the fact that my ex was working. I haven't received a penny since & the last letter I received from them was when DS3 left college last year & no longer received child benefit. It said that he was no longer entitled to maintainance (what maintainance!) as he was no longer living at home (he hasn't left home yet!)

Let us know how you get on Toto, 13 years is a disgrace.

Toto

I did a quick calculation today. Based on the £25 per week court order, my ex owes me £28867 at 4% interest. If I made it £35 per week he owes me close to £40,000 LOL wouldn't that be nice! Not that it would ever happen. I wish I could sue him so the tax payer doesn't end up picking up his tab, he can certainly afford it with his Porsche and house all paid for.

Toto

Ok, here's an update of sorts.

I have spoken to my MP who has taken up the whole issue and demanded the ombudsman looks at my entire case history. So, that's a start.

I spoke to the nice lady in the complaints department today. I am so confused by the whole thing to be honest.

She said that reading my file was terrible. She identified a few occasions where the CSA have totally messed up. Back in 1996 they were very close to getting my ex to comply but because nobody at the CSA followed up my case it all went to pot. She said they could have easily made an award back in 1996 if only someone had done their job. Great!!

So, she said she has made my claim for compensation which will go off on Tuesday because she needs to wait for a bit of paperwork to be sent to her. She said the compensation is likely to be a token amount to say sorry for the mess ups. This confuses me, I thought compensation was supposed to cover the entire loss of money for the entire period, reading on the web it seems that is the case.

Anyway, then she went on about the claim itself, how my ex is still on a penalty assesment, which needs to be converted to a real assesment. Then I asked how long they would backdate, she said until the assesment. But then she talked about multiple of thousands he owes. I am so confused. If compensation doesn't cover the period I missed out (13 years) and the claim is only backdated to the date the real assesment has been done, does that mean I have no hope of any money back? By the time they sort all of this out my son will be too old for CSA payments anyway.

I dunno, I am not a dumb person but they do have this amazing ability to leave me more confused after the conversation than before it.

So, not much of an update, more just to say I am still plugging away.