Embargo on enforcement - no reasons given

freebiequeen

On a scale of one to ten, I'd say that my frustration levels are presently well in excess of eleven: The NRP has done his utmost to avoid paying child support over the years, and has largely been successful in this. As a result, the arrears due to me are in excess of £15,000, (and this is based on a very modest assessment of the NRP's income).

The CSA has been enormously slow to take any enforcement action, despite the fact that the NRP's house, which he owns jointly with his ex-girlfriend, was placed on the market for sale approximately eighteen months ago. For the past eighteen months, I have been urging the CSA to protect the arrears due to me by means of a charging order, but, to date, there is not so much as an up-to-date liability order. As far as I am aware, the property is now tenanted.

My case is presently with ICE, and I am not at all happy with the likely outcome. I am told by ICE that the CSA has put an embargo on enforcement action and that, because of the DATA Protection Act, I am not entitled to a reasoned decision from the CSA. This seems to me to be a ludicrous state of affairs. As a result, I am not getting, or likely to get, a penny in child support or arrears and I'm not entitled to know why the NRP is receiving the benefit of this protection.

I suspect that the NRP has come up with some '!!!! and bull' story, (which he has done many times previously), and that the CSA is adopting its usual refrain of the 'NRP is entitled to be believed', without requesting any evidence from him. In fact, it was only through ICE that I found out about the embargo, as the CSA has never mentioned it to me. I was very disappointed by ICE's attitude, as the caseworker appeared to be condoning the Agency's approach.

What can I do? Surely, I am legally entitled to be given reasons for the lack of action on my case? The only thing I can think of is to apply for a judicial review, but this is likely to be costly and time consuming. Does anyone have any ideas please?

Sensemaya

The govt has made the complaints procedure much more tortuous by not allowing aggrieved 'clients' to bypass ICE and go direct to the Parliamentary Ombudsman.

That is your next pit stop after ICE has reached it's conclusion.

Then it's Stephen Lawson. He is the one of a handful of solicitors that can take on a JR.

In my case the CSA backed down on the 11th hour and paid me a lot of back child support by way of an advance payment. But they make sure they never pay all the arrears due!

My ex ( No 1 ) still has another 83 months to pay the remainer off, but I'm relatively happy as we have now got the CSA out of our lives and he pays by SO.

Stay strong - you still have a long way to travel.

blimey40

What does embargo mean, as never come across this before?

Always thought a Debt was outstanding with the CSA?

kelloggs36

Embargo means freeze so no enforcement action at all.

blimey40

What would cause a case to be frozen?

kelloggs36

the CSA being made aware of certain circumstances which would endanger the NRP household eg disabled child in the household and action which would cause major issues within that family if enforcement action were to go ahead.

freebiequeen

Many thanks to you all for your replies, and, in particular, to Sensemaya for the Stephen Lawson recommendation, which I am beginning to believe is the only way to go.

The latest from ICE is that it is not within its remit to question the appropriateness of the CSA's decision!

There is definitely no disabled child and the NRP does not have a new family. Even if he did, unfortunately, it is simply not in his nature willingly to adopt the role of 'provider'. If he has managed to persuade the CSA to afford to him the protection of an embargo, in all probability, he has not been honest with them, and they have simply chosen to accept his verbal evidence, as they have done many times in the past.

For example, on a previous occasion, the Independent Appeals Tribunal criticised the CSA for accepting the NRP's unverified accounts as the basis of its maintenance calculation. As a result of the Chair's rejection of the accounts, the NRP's contribution was increased, (on paper, at least), from £6.67 per week to £112 per week.

For nine months prior to that Hearing, whenever I had requested the CSA to look at the accounts again, as, amongst other things, the NRP was claiming the sum of £13,000 pa for domestic gas and electricity alone, the CSA would not budge from its standard response that the NRP was 'entitled to be believed'.

Regrettably, I understand from a friend of mine that the CSA is continuing to accept unverified accounts from NRP's, as proof of income.

pd001

freebiequeen wrote: »

Many thanks to you all for your replies, and, in particular, to Sensemaya for the Stephen Lawson recommendation, which I am beginning to believe is the only way to go.

Its not the only way to go, there are other options...

this is a copy and paste from a previous post of mine.....

Specialist help

I have heard of NACSA, google them. I believe that for general information they are very good. It’s cheap to join as well!
When you join they can be a mine of information.
However, when you ring them you have to leave a message and then they call you back. They tend not to answer the phone when you ring them.

Others on here mention a solicitor called Stephen Lawson who is supposed to be very good when it comes to all matters CSA. I have no personal knowledge of him at all.Don't know what he charges but I have read on these forums that he will give you an estimate of his charges at the beginning.
Probably not cheap

There is another firm called Durham Legal Services and I have only heard mixed reviews about them. I have no personal knowledge of them at all.
No idea about their charges, probably not cheap

There is another firm called Child Support Solutions who are in Birmingham.
They specialise in all matters CSA related and charge a monthly fee.
In some cases they take over all contact with the CSA and basically fight your corner for you.
I do have personal knowledge of this company. I am not affiliated to this company.
Not cheap, but very effective in my case!

The above are the main people/companies/solicitors who specialise in dealing with the CSA. Google them all and see what you think