liability order info

Blob

It may be out of time, but you can apply to the Court on From N 245 an application for a Warrant of Suspension! The CSA hate these with a vengeance as it totally take the power that they have away from them and puts it in the hands of the Court and yes they then have to justify the amount! They also have to stop any enforcement action against you, as if they don't the Judge will take them to bits.

Hope it helps, keep up the fight you can win!

clearingout

Blob - for the uniformed, can you explain what a Warrant of Suspension is, exactly? A bit more detail would be useful - I like to know what I'm up against with the ex! Have you used one of these successfully yourself?

skibadee

Blob wrote: »

It may be out of time, but you can apply to the Court on From N 245 an application for a Warrant of Suspension! The CSA hate these with a vengeance as it totally take the power that they have away from them and puts it in the hands of the Court and yes they then have to justify the amount! They also have to stop any enforcement action against you, as if they don't the Judge will take them to bits.

Hope it helps, keep up the fight you can win!

Wish we'd known this...twice we went to court...first time Court threw it out...( didn't actually get into the court this was in a side room ).....second time as OP is experiencing CSA again went for LO for original figure....got into the court....couldn't say anything though as, has been said....CSA seem to have power over Magistrates......Magistrates wanted it adjourned...CSA spoke over them and demanded LO was signed....and it was ...reluctantly!!

Really wish we'd known the above information.

tim_saver

Please, tell me more, where can I find out more? In my case the csa are the only ones thinking there right, they just wont admit their mess up, but even their solicitor agrees the assessment is wrong, so putting it in the hands of a judge would be perfect.

Blob

If you go to the Court Service Web sight and look there it will give you the form. I know that there is a time frame for them to be put into Court, the threat of an application for one of these got them to drop a case against me.

Would suggest that you go to your local CAB and get the free 30 mins that they arrange with a solicitor and get them to explain the time scale to you.

Once the application is in to the Court the CSA has to stop all parallel enforcement action as the debt is then handled by the Court and they will say how much you have to pay, and there is nothing that the CSA can do about it.

clearingout

so essentially, if the debt is in the court's hands, the judge then has the 'right' to question how the debt occurred and whether or not it is correct? It also means that the 40% claim on earnings is over-ruled?

Blob

Effectively yes, the Judge can't do anything about the normal assessment, but any and all arrears he can look at and set the level that they will be paid off at, as he will have to have been provided with the total out goings and income of the applicant. He will then decide who gets how much, and effectively there is not thing one the CSA can then do as it will be acting against a Court Order. If they try it my understanding is that the said Judge will invite the officer that has tried to overrule his order in to his Court and ask them to explain their actions. Failure to do so will result in the said officer for the CSA being found Bed and Breakfast at the direction of the Judge as he has that power!

clearingout

Thanks Blob. So the upside, if you are someone who believes that you have been wrongly assessed to pay too much, have arrears that don't add up etc. is that you are getting an independent person to look at it and work out what you can afford, rather than arrest 40% of your wages, and potentially also send the CSA packing on anything that they've incorrectly assessed? The downside, as a PWC who is owed money (genuinely), is that a judge can order, say, £10k of arrears to be paid off at £10 a month (I know someone this recently happened to at a Committal Hearing which seems very unfair, at least on the face of it)?

Blob

So the NRP is sent to prison, this achieves nothing at all! The PWC will get nothing, when the NRP is in prison, we the tax payer pick up the bill for the NRP while in prison. When the NRP comes out of prison the PWC will only get £5 per week as they will be on benefits!

Ant system that supports this kind of action is morally bankrupt. The system has to leave the NRP with enough to live on, or it will only compound the problem. It has to be seen to be fair as well, and at this time it is far from that.

The system has to be changed to something that is workable and seen to be fair, or we will only see the system fail under the pressure that it is put under. The first thing that needs to be done in my opinion is to train the idiots that work in the CSA that they are accountable for their actions and are bound by all laws not just the ones that suit them! Also make them accountable in a Court of Law and financially for their actions, this has started as they have lost their Crown Immunity, but needs to go further. Some of them that have made a real mess of the cases that they are working on should be sent to prison, if nothing else it would shake the others up!

clearingout

Yeah, I get the prison thing. I also get that taking a driving license or passport away can have a huge effect on someone who is actually working. I also get that the CSA can't add up, follow it's own rules or work it's own computer system which has a negative effect on people like yourself.

The problem really is the 'system' cannot deal with those who refuse to pay, who are self employed and hide their incomes, don't complete tax returns, don't register a change of address with the CSA, the DVLA or anyone else etc.etc. It wouldn't help our children if my ex went to prison, no. In fact the line of work he's in, even with self employment, he'd struggle to find work ever again. But he's not paying maintenance and doing a good job at getting away with it. What do you suggest? (general 'you'!). Do I give up, accept our children are going to have to go without and hope that somewhere along the line, karma catches up with the ex and our children tell him exactly what they think of him? Or do I keep fighting for something, rather than nothing? 'cos that seems to be all I'm left with. Is that fair to our children? That someone can run up a (correctly calculated) child maintenance debt of £10k and not face any consequence other than having to pay it back at £10 a month isn't OK, is it? What about the children's rights in all of this?

'Fair' is such a difficult thing to achieve for all of us. But yes, accountability of CSA staff might help, I agree! I asked for a reassessment in March....followed up with several phone calls over the months and they did it this week...!!! Whilst it makes no difference to an NRP who doesn't pay, the fact is, my ex now has arrears of over £600 as a result of that assessment taking so long. If he was an NRP who gave a damn, I fully accept that wouldn't be fair to him and his 'new' family to have to manage. As it is, he gets what he deserves so I'll stick my tongue out and give him a 'v' sign 'cos it'll make me feel better!

Sigh.