Outcome of Appeal Tribunal Hearing

bdt1

One last question if anyone can help.

The PWC did not attend the Tribunal hearing, she wrote and telephoned the Tribunal stating that she was unable to attend. Even though the hearing date was given many weeks in advance!

So, when the Judge stated he would make a provisional decision and send it out to us by post, he said that as we had provided more evidence on the hearing day that the PWC had not seen, that if either party thought they needed to challenge anything then they could do so.

So when we received decision it simply states 'appeal is allowed' so we were successful, it then states provisional statement to follow. We know that the statement will be a copy of the documents we produced on the day, as well as notes made by the Judge, and the xplanation of how he came to his decision.

But in the leaflet accompanying the letter, it states that an application for a decision to be 'set aside' -( cancelled!!!), can be made where a party did not attend, nor did their representative!!

I thought that the PWC could only challenge the Tribunal decision on a point of law, not y simply not turning up, or am I missing something? If the PWC wants to challenge anything, then surely only thing sh can challenge ar the new documents, which just simply reinforce our case - and succeeded in winning our appeal - any thoughts?

Just obvioulsy I'm a bit confused, as why would anyone cancel the decision potentially - just cos one party had many weeks prior warning of the hearing date, yet stated they were unable to attend!

bdt1

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Honest_broker07

BDT,

If what you say is true it turns the whole thing into a farce ( or even more of one )

Mr Jones you know we will lose at the tribunal
so what can we do
don't turn up then you can challenge the decision !

bdt1

I just despair! Is there no end to this?

I knew that if evidence is produced on the day that the other party has not seen (as happened in our case), then in order for the decision to remain valid on grounds of following correct procedure , that a provisional decision would be issued, which then gave the other pary the opportunity to comment on the documents that they had not previously seen - that's fine, our documents were copies of my bankruptcy petition, which only strengthens my case, that I do not earn over £500 per week!!!

But, I do not understand why, by not attending the Tribunal gives the opportunity to have the decision 'set aside'. As said PWC had approx 2 months notice of the hearing date (as we did), so for her to say 'she was unable to attend' is a farce, if she can now demand the decision be set aside.

The leaflet states that it is up to the Judge if she requests the decision to be set aside (which we know PWC will do), he may convene another hearing with her present, or start all over again!!!!!!!!!!!! What a total waste of taxpayers money.

One Judge for a full afternoon
One Senior DWP Accountant for a full afternoon
One Tribunal Clerk for a full afternoon
One CSA Appeals Officer for a full afternoon
One (guy in the corner) person taking notes for a full afternoon
One self-employed NRP (losing money as not earning) for a full afternoon
One NRPP (had to take annual leave from job) for a full afternoon
Childcare had to be arranged for 2 children as a result of NRP & NRPP at Triunal for a full afternoon.

But PWC.............................................................???????????????????????

What a total waste of us taxpayers money - needless to say PWC barely fits into this remit

kelloggs36

it won't happen unless the decision was based on false evidence.

CSA_Help

You have got me thinking BTD1

Our PWC didn't turn up either and has until Tuesday to disclose her evidence or it gets withdrawn. I already have a provisional date for the end of June but my complaint letter is up in front of a judge this week as it would be 2 months from the original hearing.

As soon as she realizes its finished the better and stop her playing stupid games but hey i'll get the last laugh.:)

bdt1

Thanks Kelloggs, we can sigh a huge sigh of relief then !!

Our evidence was watertight, in so much as we had bank statements, statement from CSA as proof of payments made to my wife regarding CSA for her 2 ds with 1st hubs, statement from child benefit office listing all payments, statement from wife's employers listing all of her expense reimbursements etc etc. Also our 'evidence on the day' was copy of bankruptcy petition against me, Court letter regarding mortgage arrears, and other statements etc which simply reinforces fact I don't earn a fortune.

The DWP Accountant agreed with all of our figures and letters/statements etc that support our case.

So, we know PWC will challenge everything, but reassuring that she cannot overturn decision, or make us go through the stress of all of this again. But she has stated she will take alternative action by way of applying for departure on grounds my housing is excessive, so when CSA Appeals decline her departure, she will appeal by means of a Triunal hearing, and hey presto - another waste of taxpayers money??

It's just ludicrous, but thanks for your responses and again, I will keep you all posted.

CSA_Help

bdt1 wrote: »

I just despair! Is there no end to this?

I knew that if evidence is produced on the day that the other party has not seen (as happened in our case), then in order for the decision to remain valid on grounds of following correct procedure , that a provisional decision would be issued, which then gave the other pary the opportunity to comment on the documents that they had not previously seen - that's fine, our documents were copies of my bankruptcy petition, which only strengthens my case, that I do not earn over £500 per week!!!

But, I do not understand why, by not attending the Tribunal gives the opportunity to have the decision 'set aside'. As said PWC had approx 2 months notice of the hearing date (as we did), so for her to say 'she was unable to attend' is a farce, if she can now demand the decision be set aside.

The leaflet states that it is up to the Judge if she requests the decision to be set aside (which we know PWC will do), he may convene another hearing with her present, or start all over again!!!!!!!!!!!! What a total waste of taxpayers money.

One Judge for a full afternoon
One Senior DWP Accountant for a full afternoon
One Tribunal Clerk for a full afternoon
One CSA Appeals Officer for a full afternoon
One (guy in the corner) person taking notes for a full afternoon
One self-employed NRP (losing money as not earning) for a full afternoon
One NRPP (had to take annual leave from job) for a full afternoon
Childcare had to be arranged for 2 children as a result of NRP & NRPP at Triunal for a full afternoon.

But PWC.............................................................???????????????????????

What a total waste of us taxpayers money - needless to say PWC barely fits into this remit

BTD1

Were we in the same tribunal ?

Just reading through your posts and same scenario.

Welcome to dark ages Britain all the papers need to get posted. Letters take up to week to arrive. Hard and fast evidence bites them on the bum and they say one thing and do another.

bdt1

CSA_ Help, in our case there has been progress....

We received the statement of reasons and decision notice in full a couple of weeks ago - over 8 weeks after Tribunal hearing. The Judge cemented our evidence and all of his comments were totally in our favour, he recognised the mistakes CSA made, and has specified they use £xxx.xxx as assessed income for CS Assessment Jan 04, £xxx.00 as assessed icome for CS Assessment Feb 06 etc etc.

He stated that the reason PWC had 'chosen' not to attend was because of grievances she has with CSA - they didn't edit documents copied to us and so her address, place of work, work fax and phone number were all visible. The Judge states these grievances are outside of the remit of the Tribunal, so he chose not to adjourn hearing as PWC would probably not attend a further hearing - instead he has given her 3 weeks to 'comment' on the additional documents we produced on the day. After the PWC's 3 week deadline, we have a further 2 weeks to comment on her comments, and then as they have asked for an extra couple of bits of evidence ( tax credits paid to us in 2004, and CS money to my wife the NRPP from 2004) we have a further 4 weeks to supply these after the final decision has been made.

So, if I am led to believe correctly - the PWC can make as many comments as she likes, but the provisional decision can only be changed on a point of law - as Tribunal have/are following procedure and law is being applied correctly then this is a no go for PWC.

We already have the additional documents Judge has requested and will send them both via Tribunal Judge and direct to CSA, so that Judge again stipulates that x amount of CTC be used for 04 decision etc etc.

Then of course CSA have to recalculate the alleged arrears - again Judge has asked for this!!!!!!!!!! Interesting to see how the 34k LO order will drop to £0. Imagine fallout from PWC - scared yes we are, she has asked for over 2 yrs now ehn she was getting her 34k, and why CSA haven't forced sale of our home yet? Maybe cos we never owed it in 1st place, and after all there are 4 children in our home, 2 of those being the QC half-siblings!!!!!!!!!!!!!

Nice lady :0 Oh and yes we do pay regular CS