Appeal/tribunal question

alwayspuzzled

Hi all, just had a letter from the CSA (unfortunately so did PWC cue nasty txts) they have declined her appeal to the variation decision and sent us all copies of everything. The letter states its going to the tribunal department to be reassessed to see if the tribunal will uphold the disicion makers decision (talk about a mouthfull:rotfl:). Does this mean they are deciding whether to hold a tribunal or that they are holding a tribunal?

Blob

It is the process it goes through. They will do a new assesment if they find the same as the original then it goes to the Appeals Service for a hearing. By the look of it everyone is in agreement so the Appeal will fail and you will get the decision that you have confirmed! The only appeal after that is on a point of Law, and you will have to have permission or leave to appeal, if this is refused you can still appeal but the process is longer and more involved, but posible as I have done it and won!

kelloggs36

Basically it will go to a tribunal to decide whether the CSA decision was correct or not and they will make a decision - usually on the day but it can sometimes take a few days.

alwayspuzzled

He's spoken to the csa today and they've advised that there is no need for him to attend the tribunal as hes already submitted all the paperwork to them, is this OK not to go? It would a 600 mile round trip to the tribunal and hes worried he'll lose his temper with all her claims and lies but I'm worried if hes not there to defend himself then will they just take her word as gospel? I don't know if they'll spot the glaring errors in her claims, like that the fact the first assessment was lower than the second is proof they've found him out lying when in fact it was due to our submittal of the most recent tax return, which was sent to them on the same day it was submitted to HMRC.

Blob

It is always best to attend these if possible as there will be questions that will come up on the day that if he is not there he will not be able to put his side of the equasion forward. It is your decision, but I did not make it to one hearing and as a result they found against me, but at the follow up hearing that I asked for they found in my favour!

I know 600 miles is a long way but you are the only ones that can make the decision as to if you go or not. Good luck.

LittleJohn

Hi Blob

I would be interested in what "point of law" you used at your appeal to the Upper Tribunal? I would have thought that a First tier Tribunal would be governed and very aware of the law so winning on a point of law I would presume is unusual?

Thanks

Blob

The 48 hour rule, noone can be made to work more that 48 houres in a week, it is therefor unlawful for an assesment to be based on more than 48 Houres! Confirmed by a Law Lord as well.

Honest_broker07

alwayspuzzled wrote: »

He's spoken to the csa today and they've advised that there is no need for him to attend the tribunal as hes already submitted all the paperwork to them, is this OK not to go? It would a 600 mile round trip to the tribunal and hes worried he'll lose his temper with all her claims and lies but I'm worried if hes not there to defend himself then will they just take her word as gospel? I don't know if they'll spot the glaring errors in her claims, like that the fact the first assessment was lower than the second is proof they've found him out lying when in fact it was due to our submittal of the most recent tax return, which was sent to them on the same day it was submitted to HMRC.

Am I confused her or are you saying your partner has proved his ex is lying, but she's saying he's lying about that ?

Sounds about as sensible as the things my ex tried

If he does go please make sure he turns up looking smart and tidy, it's surprising what notice people take of the impression you give.

In my case me in a smart suit and tie, with polished shoes againt an ex in a scruffy anorak and leggings ( and no she wasn't hard up but that's another story )

alwayspuzzled

Honest_broker07 wrote: »

Am I confused her or are you saying your partner has proved his ex is lying, but she's saying he's lying about that ?

Sounds about as sensible as the things my ex tried

If he does go please make sure he turns up looking smart and tidy, it's surprising what notice people take of the impression you give.

In my case me in a smart suit and tie, with polished shoes againt an ex in a scruffy anorak and leggings ( and no she wasn't hard up but that's another story )

Sorry that wasn't very clear was it:rotfl:? Shes telling them I'm diverting funds into my childrens account or other accounts (not true) shes telling them we have a massive mortgage (not true and anyway I owned my own house with my own deposit/equity long before I met him) shes telling them we go on holiday 3 times a year (not true, don't even go once:(), we have new cars etc (not true) he pays for all my kids childcare (not true although I'm sure my nrp would be over them moon if he did) etc etc etc. At the same time shes listed many of the things he has struggled and paid for over recent years and claims if he can afford to pay her all that then he must hiding income. Problem seems to boil down to quote "I am entitled to more than half of both your wages + more besides and I'm going to take your house and you'll be left with nothing" she even thinks they'll assess my tesco clubcard points!

Because when the claim started in sept 09 they asked for most recent tax returns we sent his 07-08 which was assessed as £10 week. This seemed far too low and as we were aware they required the 08-09 return (which we knew to be higher) when it was completed in jan 10 so he made a private agreement with her for £30 + continued payment of several bills on the understanding she cancelled the csa claim. When it transpired she not only hadn't cancelled but had in fact sent off for a variation all private agreement s/o were cancelled. So in Jan we sent off the new tax return with the variation paperwork and which calculated a new payment of £35/week this change in liability is according to her proof that they have caught him out in lies:mad:

catenorfolk

alwayspuzzled wrote: »

He's spoken to the csa today and they've advised that there is no need for him to attend the tribunal as hes already submitted all the paperwork to them, is this OK not to go? It would a 600 mile round trip to the tribunal and hes worried he'll lose his temper with all her claims and lies but I'm worried if hes not there to defend himself then will they just take her word as gospel? I don't know if they'll spot the glaring errors in her claims, like that the fact the first assessment was lower than the second is proof they've found him out lying when in fact it was due to our submittal of the most recent tax return, which was sent to them on the same day it was submitted to HMRC.

Dont listen to the CSA - I would go with any paper work etc to support his side of things. Always go to any tribunal or meeting so that you can possible put your points across.

catenorfolk

I have just had my fourth set of tribunal papers through today - Oh the joys!!!!!!!!!!!
When will it all end .............................