Outcome of Appeal Tribunal Hearing

CSA_Help

bdt1 wrote: »

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

I have asked for mine to be seen by another judge as what he verbally said and what the decision notice states are 2 different things. CSA had asked accountant to clarify but were unwilling to as accountant had screwed up. I got all paperwork from accountant and found all the tax returns to the revenue with my name ni no etc and have since passed onto CSA & tribunal. I asked for the judge to clarify his decision notice and he has asked for the case to be re-listed after seeing the further evidence although he stated if the CSA had the relevant info they could recalculate without going to tribunal again on my last hearing. The system works slow time so i have escalated this and have asked for someone else to look at it as this is dragging on unnecessarily

bdt1

Suppose positive that it is gonna be relisted, but I know how stressful the whole process is, how much preparation involved and the length of time taken to put CSA mistakes right is unforgiveable. Maybe worth trying CSA Appeals again to see if they will correct it without going to another Tribunal hearing now they have all information they need - but don't hold your breath they refused in our case, don't think they were very confident and felt they just didn't want to be the one responsible for correcting arrears - then having to tell PWC the 34k arrears never existed in 1st place. Tho she was privvy to all evidence so will have realised herself at some point!!

CSA_Help

bdt1 wrote: »

Suppose positive that it is gonna be relisted, but I know how stressful the whole process is, how much preparation involved and the length of time taken to put CSA mistakes right is unforgiveable. Maybe worth trying CSA Appeals again to see if they will correct it without going to another Tribunal hearing now they have all information they need - but don't hold your breath they refused in our case, don't think they were very confident and felt they just didn't want to be the one responsible for correcting arrears - then having to tell PWC the 34k arrears never existed in 1st place. Tho she was privvy to all evidence so will have realised herself at some point!!

Appeals people are excellent but need direction. They have stated that they have relevant info needed i will give them a call on Monday as the tribunal service is like something out the dark ages. They haven't moved with the times and everything is by post which can take up to a week to reach you, which isn't very good in time critical situations.
I have paid my dues over the years but enough is enough. I can see pwc not having to pay anything back because of the CSA mistake.

Common sense need not apply when dealing with the CSA & Tribunals.

bdt1

Lets just hope you get it sorted out soon - keep us posted