We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

reassessment query

I appealed last November about an assessment in 2006 where they had refused to include my housing costs. I won and was reassessed.

Now I'm thinking if this reassessment was done in 2009 should I have had the oportunity to use CMOptions and make my own arrangemnts with the ex-wife?
My case closed in June 2009 when my son turned 19, so the reassessment was done after the case closed and the new assessment figure was less than the old one.
This, in turn, means that my Liability Order from 18 months ago has the wrong figures, therefore the LO should be nul and void, right?

Sorry, that's 2 queries. Any help greatly appreciated.

Comments

  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    I appealed last November about an assessment in 2006 where they had refused to include my housing costs. I won and was reassessed.

    Now I'm thinking if this reassessment was done in 2009 should I have had the oportunity to use CMOptions and make my own arrangemnts with the ex-wife?
    My case closed in June 2009 when my son turned 19, so the reassessment was done after the case closed and the new assessment figure was less than the old one.
    This, in turn, means that my Liability Order from 18 months ago has the wrong figures, therefore the LO should be nul and void, right?

    Sorry, that's 2 queries. Any help greatly appreciated.

    Do you have arrears ?

    The CSA can apply for a liabilty order with any figure in it by past experience and then calculate round about this as was the case in one of mine so in effect no i would say .Ask NACSA or check on their website
  • The CSA have been telling me that the figure doesn't matter, but I've found a report by a judge saying that it does matter and the case in question had to be quashed.
    See this link for the judge's report http://www.mensaid.com/community/viewtopic.php?f=18&t=1415

    My LO is eor over £17,000 but I'm chipping away at it bit by bit by proving CSA have made mistakes, and getting them to change things.
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    The CSA have been telling me that the figure doesn't matter, but I've found a report by a judge saying that it does matter and the case in question had to be quashed.
    See this link for the judge's report http://www.mensaid.com/community/viewtopic.php?f=18&t=1415

    My LO is eor over £17,000 but I'm chipping away at it bit by bit by proving CSA have made mistakes, and getting them to change things.

    Oh Dear

    Does any of that money go to the SOS as you could come up with an agreement with the ex (if you are on talking terms )

    When my 2nd LO got granted the judge sent them packing as they had no productions for the alleged figure which has been proved wrong 3 times in their documentation lawyers etc .The judge isn't allowed to question the figure or how they got the figure though .

    Think i'll come back on this earth as a moron and join the CSA :)
  • All of the debt is due to the SOS
  • Tell me more about your 2 LOs please. Sounds intresting
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    Tell me more about your 2 LOs please. Sounds intresting

    eg 2 year period assesed at £100 pw =£10000 rough calculation

    Or

    2 year period at £5 pw =£500 rough calculation

    LO granted for £1875 .Im sure the case officer was running about that day with a striped jumper red nose ginger curly wig no sorry thats Ronald McDonald :rotfl:
  • So, does a Liability Order have to have the correct amount owing?

    Just found this:


    STATUTORY INSTRUMENTS
    1996 No. 1177 (L. 2)
    COUNTY COURTS
    The Register of County Court Judgments (Amendment) Regulations 1996
    Made 25th April 1996 Laid before Parliament 29th April 1996 Coming into force 20th May 1996

    4. The following regulation shall be inserted in the 1985 Regulations after regulation 6:—
        "6A—(1) For the purposes of the registration of liability orders, the proper officer shall make a return of liability to the Keeper of the Register.

        (2) Upon receipt of a return made in accordance with paragraph (1) above, the Keeper shall enter on the Register the following details of the liability order:—
          (a) the debtor's name and address; (b)
        the amount of the liability order, including costs;
        (b) the case number."


      • If it's any help I understand that once action starts following a liability order you can seek a suspension order from the local county court against further action being taken (ie bailiffs etc...) and propose a repayment plan which is more realistic for any arrears.
      • I was forced to make an off over 2 years ago to get them off my back, and they rejected it because I couldn't have paid them £17,000 in 2 years as demanded!!!!
        Then I thought about it and decided to fight them instead. They gave me a Liability Order 18 months ago, and I still haven't agreed to pay them anything.
        Instead, I've picked through every single word of every assessment over my 13 year case history and am pulling them on all the faults.

        They've altered past assessments that were wrong, changed the end date of my case twice, cos they got it wrong twice, and even paid me £50 compensation for one !!!!-up.

        I'll keep picking away at them till I get to zero.
        I paid the ex directly all those years, and I'm not paying twice. She was more than happy with the arrangement.

        ADVICE - keep asking them questions and keep appealing. They can't grant a Liability Order while an appeal is going on.
        Apparently if you keep your bank account in the overdraft zone, they can't help themselves to your bank contents. Wish I'd known this - the lady at the bank told me.
      • CSA_Help
        CSA_Help Posts: 1,318 Forumite
        edited 23 February 2010 at 10:13PM
        I was forced to make an off over 2 years ago to get them off my back, and they rejected it because I couldn't have paid them £17,000 in 2 years as demanded!!!!
        Then I thought about it and decided to fight them instead. They gave me a Liability Order 18 months ago, and I still haven't agreed to pay them anything.
        Instead, I've picked through every single word of every assessment over my 13 year case history and am pulling them on all the faults.

        They've altered past assessments that were wrong, changed the end date of my case twice, cos they got it wrong twice, and even paid me £50 compensation for one !!!!-up.

        I'll keep picking away at them till I get to zero.
        I paid the ex directly all those years, and I'm not paying twice. She was more than happy with the arrangement.

        ADVICE - keep asking them questions and keep appealing. They can't grant a Liability Order while an appeal is going on.
        Apparently if you keep your bank account in the overdraft zone, they can't help themselves to your bank contents. Wish I'd known this - the lady at the bank told me.


        Good on you keep at them .Seemingly the CSA submits the order to the court and the figure doesn't need to be acurate as due to timescales of going to court money would have been paid to the account .

        But on the other hand the CSA's lawyer told me as i represented myself that they can't take a penny more or a penny less .

        Yes bank always in od yet during a recent assesment before they got a DEo it states on my DP files that funds are availbale on 2 credit cards

        Makes you wonder what these idiots are capable of

        Im up to £150 compensation and £4400 wiped off my alleged arrears with another £6500 to come off at appeal .

        I will then get torn in about them about the LO as it would have been proved wrong 4 times and also the inhibition on the house
      This discussion has been closed.
      Meet your Ambassadors

      🚀 Getting Started

      Hi new member!

      Our Getting Started Guide will help you get the most out of the Forum

      Categories

      • All Categories
      • 353.5K Banking & Borrowing
      • 254.2K Reduce Debt & Boost Income
      • 455.1K Spending & Discounts
      • 246.6K Work, Benefits & Business
      • 603K Mortgages, Homes & Bills
      • 178.1K Life & Family
      • 260.6K Travel & Transport
      • 1.5M Hobbies & Leisure
      • 16K Discuss & Feedback
      • 37.7K Read-Only Boards

      Is this how you want to be seen?

      We see you are using a default avatar. It takes only a few seconds to pick a picture.