We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
~NRP~ Help Needed Desperately!~
Didismump
Posts: 142 Forumite
VERY long story, as short as possible...(Sorry..:(..)
Back in 1991 my Fiance was in a long term relationship which was eventually terminated by his then g/f. Prior to the split a baby girl was born..My Fiance happily (at that time) placed his name on the birth certificate, as he had no reason to think otherwise at the time that the baby was not his.
However, he later found out after the split, by her admission,that she (his ex) had been seeing another man throughout their relationship, and that his ex was unsure as to who the Father of the child was.
The CSA came into being in 1993 and apparently then sent out a Maintenance Enquiry form to my Fiance.
However,he was no longer living at the address they sent this form to, so he never received it, nor any other correspondance whatsoever until July 1997 approx when he was settled in another relationship and in a permanent residence.
He was then informed that he owed £18,842.85p in maintenance arrears to his ex for 'his' child.
He immediately informed the CSA that he doubted his parentage and gave his reasons as to why, and also informed them that he had intentions of gaining a DNA test if possible.
However as he had had no contact with the child from when the relationship was terminated, at the request of the childs Mother ( when baby was approx 5 months old) , he had no idea where they were living any longer.
As he did not know her/their whereabouts he could not easily gain a DNA test, as without her written consent no test could be submitted.He could not afford a P.I to trace them, nor to go and see a Solicitor and explained all this to the CSA at that time.
He was told in a telephone conversation (which he also has in writing from the CSA) that he would receive a 'High Penalty Assessment Form'' on which he should state that he did not believe he was the Father of the child.
He then wrote a letter to the CSA (after the previous conversation) giving his reasons for doubting his paternal parentage.
He has never accepted parental liability in writing since the CSA contacted him regarding this matter in 1997, and has asked over and over for reviews/ proof of parentage and for help with gaining a DNA test.
Due to the CSA's constant intimidation and harrassment he did however start making payments for the child in late 1997, but still denied paternity.
He continued making payments (albeit lower than requested) for the child up until he came out of work in 2006, due to ill health.
He is now registered disabled, as I am also, so we only rely on our disability and other state benefits to survive.
This case has been ongoing throughout all that time, and when we got together in a relationship in 2000 I took over trying to help him obtain the DNA test.
We were/are still unaware of the whereabouts of the child and her Mother, and have asked over and over for help with gaining knowledge as to whether he is the rightful biological Father or not.
Due to Data Protection the CSA cannot/will not help.
They also will not give him the test on the grounds that we pay back any monies IF he is the Father, as I have also requested this on several occasions.
However,at some point along the way the CSA took it upon themselves to use the 'Right Of Presumption' to state he 'IS' the biological Father, simply as his name is on the childs Birth Certificate.
We have argued this, as factually there is NO concrete evidence that he is/or is not the Father, and it is all merely circumstantial evidence, as he has no way of proving this,nor do they either way, without a DNA test.
The CSA say that as he now owes (as of this week)
£30,325,16p in arrears that they will be issuing a Liability Order to him/us, as we cannot afford to pay what they want in arrears, nor for a DNA test to prove either way (if we knew where the 'child' who is now almost 19 years old and her Mother reside, and could get one)...
As such he is ''Guilty until proven Innocent'', and we have no way of proving either way, if he has a child or not...
We are totally stuck between a rock and a hard place with this,moreso as I had been informed in a telephone conversation this week that the arrears were now at £11,588.16p. I questionned in that conversation why the amount varied so much, as over the years it had been up to £29,000 and back down to £11,000 at different times, with various other amounts in between.
I informed the person that I spoke to that I have all the paperwork stating the various amounts my Fiance has been asked for. The person I spoke to this week told me to ignore all the other amounts, and informed me that this NEW figure of £11,588.16p was factual.
He then asked if I would like them(the CSA) to send us a Maintenance Account Statement, and I asked if he would.
The next day it arrived in the post with ANOTHER figure, which currently (only 24 hours after my conversation with the man at the CSA) takes us back up to £30,325.16p arrears!!!!
I do not know where to go with this any more.. as on benefits we cannot afford a DNA test (it is almost £400 for the company who the CSA insist is used)... nor can we afford to go to Court to find where the 'child' (who could now at 18 years old, refuse a test anyway) and/or her Mother are.
I have been to the C.A.B who backed up the C.S.A by saying that we should go for Legal Aid and take it through the Courts, but when I finally managed (after 5 weeks of waiting) to gain an appointment with a Solicitor, they informed me that there is no longer any Legal Aid in place for C.S.A matters!
I have also been via our local MP who is currently trying to help dispute this...but it seems that every letter he gets back on our behalf states that it is STILL down to us to prove parentage...
But HOW can we???
Throughout all of this, my Fiances health has deteriorated drastically, (he suffers with ME/CFS/Chronic Depression and Fibromyalgia) and he has now been also diagnosed with 'Suicidal Ideation'..His mental health is unstable and I fear the consequences of all the pressure he gets from the C.S.A, which is monthly at present.
I fear that with a Liability Order,Bailiffs will come to the door of our home (which is all we have to call our own) and I do not know how to stop this or deal with it.
And what happens after that?
At that amount in arrears we have no hope of paying it off, and we are already with the C.C.C.S (Consumer Credit Counselling Service) paying token payments to all our Creditors of a minimal (£1) per month.Some of our debts have CCJ's against them and have been decreed and accepted as £1 payments through the Courts.
We have no spare money as our benefits only allow us to cover what we pay out on normal utility bills and general housekeeping.
We have no social life or holidays so cannot cut back on those (please...I am not complaining,simply explaining)..and I do not know what to do or where to go with this anymore...
How can 'Right Of Presumption' be lawful or legal, when factually it is neither proof or factual?
How can we get a DNA test when we have no idea where either child or Mother are (it makes matters worse that the maternal parent factually gained credit in false names, and has used aliases/other surnames over the years, so we have only the first name to go on of both child & Mother, as they could be under any surname by now)...
I know this is SO long..and believe me not as indepth as it goes with the farce it is, but I have tried to cut this as short as possible.
Surely my Fiance cannot be the only man who wants the right to know and cannot gain it.He has never refused a DNA test, but has purely been unable to obtain one, and has been penalised right through the whole of his case, since 1997, simply by having the relationship in the first place.
So we have to suffer..
We already have no money and no social life..and now it looks like we may lose our possessions and /or home...all for what?
'Right Of Presumption'...
PLEASE someone...give me a glint of hope to cling to...:(
Back in 1991 my Fiance was in a long term relationship which was eventually terminated by his then g/f. Prior to the split a baby girl was born..My Fiance happily (at that time) placed his name on the birth certificate, as he had no reason to think otherwise at the time that the baby was not his.
However, he later found out after the split, by her admission,that she (his ex) had been seeing another man throughout their relationship, and that his ex was unsure as to who the Father of the child was.
The CSA came into being in 1993 and apparently then sent out a Maintenance Enquiry form to my Fiance.
However,he was no longer living at the address they sent this form to, so he never received it, nor any other correspondance whatsoever until July 1997 approx when he was settled in another relationship and in a permanent residence.
He was then informed that he owed £18,842.85p in maintenance arrears to his ex for 'his' child.
He immediately informed the CSA that he doubted his parentage and gave his reasons as to why, and also informed them that he had intentions of gaining a DNA test if possible.
However as he had had no contact with the child from when the relationship was terminated, at the request of the childs Mother ( when baby was approx 5 months old) , he had no idea where they were living any longer.
As he did not know her/their whereabouts he could not easily gain a DNA test, as without her written consent no test could be submitted.He could not afford a P.I to trace them, nor to go and see a Solicitor and explained all this to the CSA at that time.
He was told in a telephone conversation (which he also has in writing from the CSA) that he would receive a 'High Penalty Assessment Form'' on which he should state that he did not believe he was the Father of the child.
He then wrote a letter to the CSA (after the previous conversation) giving his reasons for doubting his paternal parentage.
He has never accepted parental liability in writing since the CSA contacted him regarding this matter in 1997, and has asked over and over for reviews/ proof of parentage and for help with gaining a DNA test.
Due to the CSA's constant intimidation and harrassment he did however start making payments for the child in late 1997, but still denied paternity.
He continued making payments (albeit lower than requested) for the child up until he came out of work in 2006, due to ill health.
He is now registered disabled, as I am also, so we only rely on our disability and other state benefits to survive.
This case has been ongoing throughout all that time, and when we got together in a relationship in 2000 I took over trying to help him obtain the DNA test.
We were/are still unaware of the whereabouts of the child and her Mother, and have asked over and over for help with gaining knowledge as to whether he is the rightful biological Father or not.
Due to Data Protection the CSA cannot/will not help.
They also will not give him the test on the grounds that we pay back any monies IF he is the Father, as I have also requested this on several occasions.
However,at some point along the way the CSA took it upon themselves to use the 'Right Of Presumption' to state he 'IS' the biological Father, simply as his name is on the childs Birth Certificate.
We have argued this, as factually there is NO concrete evidence that he is/or is not the Father, and it is all merely circumstantial evidence, as he has no way of proving this,nor do they either way, without a DNA test.
The CSA say that as he now owes (as of this week)
£30,325,16p in arrears that they will be issuing a Liability Order to him/us, as we cannot afford to pay what they want in arrears, nor for a DNA test to prove either way (if we knew where the 'child' who is now almost 19 years old and her Mother reside, and could get one)...
As such he is ''Guilty until proven Innocent'', and we have no way of proving either way, if he has a child or not...
We are totally stuck between a rock and a hard place with this,moreso as I had been informed in a telephone conversation this week that the arrears were now at £11,588.16p. I questionned in that conversation why the amount varied so much, as over the years it had been up to £29,000 and back down to £11,000 at different times, with various other amounts in between.
I informed the person that I spoke to that I have all the paperwork stating the various amounts my Fiance has been asked for. The person I spoke to this week told me to ignore all the other amounts, and informed me that this NEW figure of £11,588.16p was factual.
He then asked if I would like them(the CSA) to send us a Maintenance Account Statement, and I asked if he would.
The next day it arrived in the post with ANOTHER figure, which currently (only 24 hours after my conversation with the man at the CSA) takes us back up to £30,325.16p arrears!!!!
I do not know where to go with this any more.. as on benefits we cannot afford a DNA test (it is almost £400 for the company who the CSA insist is used)... nor can we afford to go to Court to find where the 'child' (who could now at 18 years old, refuse a test anyway) and/or her Mother are.
I have been to the C.A.B who backed up the C.S.A by saying that we should go for Legal Aid and take it through the Courts, but when I finally managed (after 5 weeks of waiting) to gain an appointment with a Solicitor, they informed me that there is no longer any Legal Aid in place for C.S.A matters!
I have also been via our local MP who is currently trying to help dispute this...but it seems that every letter he gets back on our behalf states that it is STILL down to us to prove parentage...
But HOW can we???
Throughout all of this, my Fiances health has deteriorated drastically, (he suffers with ME/CFS/Chronic Depression and Fibromyalgia) and he has now been also diagnosed with 'Suicidal Ideation'..His mental health is unstable and I fear the consequences of all the pressure he gets from the C.S.A, which is monthly at present.
I fear that with a Liability Order,Bailiffs will come to the door of our home (which is all we have to call our own) and I do not know how to stop this or deal with it.
And what happens after that?
At that amount in arrears we have no hope of paying it off, and we are already with the C.C.C.S (Consumer Credit Counselling Service) paying token payments to all our Creditors of a minimal (£1) per month.Some of our debts have CCJ's against them and have been decreed and accepted as £1 payments through the Courts.
We have no spare money as our benefits only allow us to cover what we pay out on normal utility bills and general housekeeping.
We have no social life or holidays so cannot cut back on those (please...I am not complaining,simply explaining)..and I do not know what to do or where to go with this anymore...
How can 'Right Of Presumption' be lawful or legal, when factually it is neither proof or factual?
How can we get a DNA test when we have no idea where either child or Mother are (it makes matters worse that the maternal parent factually gained credit in false names, and has used aliases/other surnames over the years, so we have only the first name to go on of both child & Mother, as they could be under any surname by now)...
I know this is SO long..and believe me not as indepth as it goes with the farce it is, but I have tried to cut this as short as possible.
Surely my Fiance cannot be the only man who wants the right to know and cannot gain it.He has never refused a DNA test, but has purely been unable to obtain one, and has been penalised right through the whole of his case, since 1997, simply by having the relationship in the first place.
So we have to suffer..
We already have no money and no social life..and now it looks like we may lose our possessions and /or home...all for what?
'Right Of Presumption'...
PLEASE someone...give me a glint of hope to cling to...:(
0
Comments
-
Prior to 2000 there was no presumption of parentage. After this date, any person who put their name on a birth certificate legally agreed that they were the parent of the child, and therefore the CSA had the right to presume this too; this led to a great reduction in the amount of disputed paternity cases (many men denied paternity - some genuine, some not). You need to establish the effective date of the case to ensure that there is any money owed at all - if he did not receive a MEF back in 1993, then there was no case to answer. You need to know what date the form was sent and to which address. If he can prove categorically that he was not at the address, then the effective date was not set and therefore there is no case until July 1997. The reason his arrears are so high, is because they have imposed an Interim Maintenance Assessment category A - which is a penalty assessment. This in itself can be converted to a full maintenance assessment if he can provide the information which applied at the time, ie income details and housing costs, and they can accept 'best evidence' to be able to convert it, ie some evidence even if it is not the full amount. For example if he has bank statements showing wages and mortgage/rent details going in and out, this may be enough.
In respect of the MEF and denying paternity, if he denied it when he first completed the forms then the CSA should have arranged the test as there was no assumption at the time that he disputed it. Get a copy of the form which proves he ticked the box denying paternity - then follow the complaints procedure all the way to the Parliamentary Ombudsman. You need to argue that had they done what they were supposed to have done at the time, then the issue would have been sorted then and he would have had the rights to the tests via the CSA.0 -
Ok, sounds like your situation is horrendous, but lets look at this.
Firstly request your data protection file, NACSA have a template it willcost you £10, but worth it, as it holds everything CSA have on you, send it recorded delivery and print off Royal Mail barcode as proof they received it.
This file should include the initial MEF which Kelloggs is talking about, it will give the date it was issued, so maybe as Kelloggs says it was prior to assumed parentage deadline.
Ask for enforcement be suspended, and if at all possile put an appeal in writing, whereby at least at some point your case will be heard by an Independent Tribunal and not the bully boy CSA. If no joy with complaints/enforcement suspension, go to ICE and your mp.
You will have now to FIGHT to correct this assessment, and at some point will have to prove either way the parentage scenario. Beware act swiftly as CSA will get a liability order, then a CCJ, and then a charge on your home. At this point prior to the Liability Order seek professional advice as it is possible to transfer the home into your name, and maybe get around the property charge, and force ssale scenario if things get nasty.
I appreciate your situation, but you must act as a matter of urgency as CSA enforcement will not mess about irrespective of whether the arrears are genuine or not.
Stay strong, and we are all here for advice if you need us0 -
Ok, sounds like your situation is horrendous, but lets look at this.
Firstly request your data protection file, NACSA have a template it willcost you £10, but worth it, as it holds everything CSA have on you, send it recorded delivery and print off Royal Mail barcode as proof they received it.
This file should include the initial MEF which Kelloggs is talking about, it will give the date it was issued, so maybe as Kelloggs says it was prior to assumed parentage deadline.
Ask for enforcement be suspended, and if at all possile put an appeal in writing, whereby at least at some point your case will be heard by an Independent Tribunal and not the bully boy CSA. If no joy with complaints/enforcement suspension, go to ICE and your mp.
You will have now to FIGHT to correct this assessment, and at some point will have to prove either way the parentage scenario. Beware act swiftly as CSA will get a liability order, then a CCJ, and then a charge on your home. At this point prior to the Liability Order seek professional advice as it is possible to transfer the home into your name, and maybe get around the property charge, and force ssale scenario if things get nasty.
I appreciate your situation, but you must act as a matter of urgency as CSA enforcement will not mess about irrespective of whether the arrears are genuine or not.
Stay strong, and we are all here for advice if you need us
Well informed post bdt1 :T0 -
Ok, sounds like your situation is horrendous, but lets look at this.
Firstly request your data protection file, NACSA have a template it willcost you £10, but worth it, as it holds everything CSA have on you, send it recorded delivery and print off Royal Mail barcode as proof they received it.
This file should include the initial MEF which Kelloggs is talking about, it will give the date it was issued, so maybe as Kelloggs says it was prior to assumed parentage deadline.
Ask for enforcement be suspended, and if at all possile put an appeal in writing, whereby at least at some point your case will be heard by an Independent Tribunal and not the bully boy CSA. If no joy with complaints/enforcement suspension, go to ICE and your mp.
You will have now to FIGHT to correct this assessment, and at some point will have to prove either way the parentage scenario. Beware act swiftly as CSA will get a liability order, then a CCJ, and then a charge on your home. At this point prior to the Liability Order seek professional advice as it is possible to transfer the home into your name, and maybe get around the property charge, and force ssale scenario if things get nasty.
I appreciate your situation, but you must act as a matter of urgency as CSA enforcement will not mess about irrespective of whether the arrears are genuine or not.
Stay strong, and we are all here for advice if you need us
Firstly thanx Kelloggs,bdt1 & chriszzz...:)
I have read through what you have all written and will answer accordingly....:)
I have and am still trawling through all his paperwork trying to find anything to pick holes in..and there sure seems alot!!!
However..I know I need help but was simply unsure as to where to go and what to do now..simply as we cannot afford to go to a Solicitor and there is no Legal Aid for this.....
The CSA did say that we were probably best to let it go to Court, simply as my/our side would get heard by the Judge...
But if you think I should request the Data Protection file ( will they allow this???..I REALLY have no idea on legal gumpf..:(...) I will happily scrape together the £10 for it ( and it will be scrape as we really do have no money left over after all outgoings are paid out...but are happy being at home, simply as we are both too poorly to want to venture too far..;))
Do I request the enforcement be suspended via letter? or telephone call?..and what should I write in my appeal other than what I have already written??
(I have explained over and over in pretty much every letter to the CSA the whole scenario, but it seems to have always fallen on deaf CSA ears..:(..)
How and what do I complain about any differently, when that is all I seem to have done in writing..and is there someone 'special ' at the CSA that I should be sending my complaint to???
I am all out of fight atm..and feel so tired and drained as I have been up every night trying to find any answer to the whole thing..however I will keep going IF you think we have a chance...
I just feel we have drained every resource atm and am so tired with fighting this case for the past 10 years and so far getting nowhere and going round in circles....hence I am on here trying to find a glimmer of hope..:)
(Believe me I am not a 'give-r-up-per'...just VERY worn down right now as my health is suffering so badly too...:( (I also suffer CFS/Fibromyalgia/Arthritus/Chronic degenerative spinal disease and thyroid problems for which I have just had radiation treatment for ..so this is a real task atm..:( )
However..I meant to also ask ..does anyone have a time scale on the whole procedure/s as I need to know what I am working to, simply as I have regular hospital dates myself... and also poorly parents to attend hospital appts with ( kidney dialysis) so will be having to get my 'get up & go' back pretty soon anyway..to spread myself even thinner..
Does both of us being disabled not help against them placing a charge on the house or enforcing the sale?
I do not think it is possible to have the house put in my name as I am blacklisted credit wise..hence I am with the CCCS as well as my Fiance..so I guess that is out of the equation too?
However..I DO have a 'Declaration Of Trust' stating that I placed £40,000 down as a deposit on the house even though my name is not on the mortgage...so would THAT stand for me???
Believe me..I have lived,ate,slept and breathed the CSA for the past 10 years since TRYING to get this sorted..so I will be on the ball with all you have already advised..or can advise further...
I still cannot see HOW 'we' can prove parentage without knowing where they live, as I know both parents have to sign the DNA form..and I guess maybe now the 'child/girl' will have to also?..being that she is almost 19 years old???
And what the hell do we do IF they ever helped us gain the test and the girl refused to take a test?
You can see how far my brain is running with this...as I have always looked outside the box at the bigger picture, simply as I am trying to be realistic about the whole scenario...
Lastly what is ICE???..I am ignorant to all the abbreviations for most legal initials...and...would joining 'DeadBeat Dads' help us in any way..as I have looked at that pathway also...?
So...Do I start with what Kelloggs advised..or bdt1????
Oooo-errrrr I REALLY am stumped which way to go first.....
Maybe I need this all written in black and white...and ALOT of sleep/pain relief would help atm
Thanx again for ALL your help and advice so far..I WILL do all I am advised..just need (sadly) alot of guidance with this..as it seems so far I have taken all the wrong avenues..:(0 -
Ok, sounds like your situation is horrendous, but lets look at this.
Firstly request your data protection file, NACSA have a template it willcost you £10, but worth it, as it holds everything CSA have on you, send it recorded delivery and print off Royal Mail barcode as proof they received it.
This file should include the initial MEF which Kelloggs is talking about, it will give the date it was issued, so maybe as Kelloggs says it was prior to assumed parentage deadline.
Ask for enforcement be suspended, and if at all possile put an appeal in writing, whereby at least at some point your case will be heard by an Independent Tribunal and not the bully boy CSA. If no joy with complaints/enforcement suspension, go to ICE and your mp.
You will have now to FIGHT to correct this assessment, and at some point will have to prove either way the parentage scenario. Beware act swiftly as CSA will get a liability order, then a CCJ, and then a charge on your home. At this point prior to the Liability Order seek professional advice as it is possible to transfer the home into your name, and maybe get around the property charge, and force ssale scenario if things get nasty.
I appreciate your situation, but you must act as a matter of urgency as CSA enforcement will not mess about irrespective of whether the arrears are genuine or not.
Stay strong, and we are all here for advice if you need us
Firstly thanx Kelloggs,bdt1 & chriszzz...:)
I have read through what you have all written and will answer accordingly....:)
I have and am still trawling through all his paperwork trying to find anything to pick holes in..and there sure seems alot!!!
However..I know I need help but was simply unsure as to where to go and what to do now..simply as we cannot afford to go to a Solicitor and there is no Legal Aid for this.....
The CSA did say that we were probably best to let it go to Court, simply as my/our side would get heard by the Judge...
But if you think I should request the Data Protection file ( will they allow this???..I REALLY have no idea on legal gumpf..:(...) I will happily scrape together the £10 for it ( and it will be scrape as we really do have no money left over after all outgoings are paid out...but are happy being at home, simply as we are both too poorly to want to venture too far..;))
Do I request the enforcement be suspended via letter? or telephone call?..and what should I write in my appeal other than what I have already written??
(I have explained over and over in pretty much every letter to the CSA the whole scenario, but it seems to have always fallen on deaf CSA ears..:(..)
How and what do I complain about any differently, when that is all I seem to have done in writing..and is there someone 'special ' at the CSA that I should be sending my complaint to???
I am all out of fight atm..and feel so tired and drained as I have been up every night trying to find any answer to the whole thing..however I will keep going IF you think we have a chance...
I just feel we have drained every resource atm and am so tired with fighting this case for the past 10 years and so far getting nowhere and going round in circles....hence I am on here trying to find a glimmer of hope..:)
(Believe me I am not a 'give-r-up-per'...just VERY worn down right now as my health is suffering so badly too...:( (I also suffer CFS/Fibromyalgia/Arthritus/Chronic degenerative spinal disease and thyroid problems for which I have just had radiation treatment for ..so this is a real task atm..:( )
However..I meant to also ask ..does anyone have a time scale on the whole procedure/s as I need to know what I am working to, simply as I have regular hospital dates myself... and also poorly parents to attend hospital appts with ( kidney dialysis) so will be having to get my 'get up & go' back pretty soon anyway..to spread myself even thinner..
Does both of us being disabled not help against them placing a charge on the house or enforcing the sale?
I do not think it is possible to have the house put in my name as I am blacklisted credit wise..hence I am with the CCCS as well as my Fiance..so I guess that is out of the equation too?
However..I DO have a 'Declaration Of Trust' stating that I placed £40,000 down as a deposit on the house even though my name is not on the mortgage...so would THAT stand for me???
Believe me..I have lived,ate,slept and breathed the CSA for the past 10 years since TRYING to get this sorted..so I will be on the ball with all you have already advised..or can advise further...
I still cannot see HOW 'we' can prove parentage without knowing where they live, as I know both parents have to sign the DNA form..and I guess maybe now the 'child/girl' will have to also?..being that she is almost 19 years old???
And what the hell do we do IF they ever helped us gain the test and the girl refused to take a test?
You can see how far my brain is running with this...as I have always looked outside the box at the bigger picture, simply as I am trying to be realistic about the whole scenario...
Lastly what is ICE???..I am ignorant to all the abbreviations for most legal initials...and...would joining 'DeadBeat Dads' help us in any way..as I have looked at that pathway also...?
So...Do I start with what Kelloggs advised..or bdt1????
Oooo-errrrr I REALLY am stumped which way to go first.....
Maybe I need this all written in black and white...and ALOT of sleep/pain relief would help atm
Thanx again for ALL your help and advice so far..I WILL do all I am advised..just need (sadly) alot of guidance with this..as it seems so far I have taken all the wrong avenues..:(
:eek:I am probably hitting all the wrong buttons on here and getting you all confused..Sorry I am not the best on computers either..lol..;)
I just also meant to ask...what is NACSA ..and is it connected to the CSA????and if not..does THAT cost more money to ask for help ???
Can't you tell I have no idea what or where to go??.....:o0 -
http://www.nacsa.co.uk/:eek:I am probably hitting all the wrong buttons on here and getting you all confused..Sorry I am not the best on computers either..lol..;)
I just also meant to ask...what is NACSA ..and is it connected to the CSA????and if not..does THAT cost more money to ask for help ???
Can't you tell I have no idea what or where to go??.....:o*SIGH*
0 -
If you can get the CSA to allow a DNA test, you won't need to know her whereabouts, as they already have the details an will arrange it through her from her end, and you at yours. The key point it to get them to do a DNA test which I would strongly argue should be done as per the rules at the time of your MEF completion (July 1997). I started working for the CSA in Feb 2001 and there was no declaration of parentage then, so it was some time after that. The only time they could assume parentage at that time, was if you were married to her at the time - as that was not the case, they should have done a DNA test. Have you argued this yet?0
-
Thanx DX2 & Kelloggs ...;)
Presumably when I get the Data Protection file it will tell me all I have already sent them??? I am onto that today...
I have argued the DNA test situation as my Fiances case opened the same time as mine..and my ex husband got away with not having a DNA test done for years...and after three refusals he was issued with a Court Order so quickly buckled down to get the test done, on the grounds that the CSA pay for the test in advance and IF he was not our daughters Father , then he had lost no money...
As you say..it makes a difference if you are married ( as we were) but my Fiance was not..
However..the ONE thing I have always queried is the lack of consistancy with what seems to be fact against fiction...''One rule for one, and one for another'....:(
My ex husband WAS my husband at the time of conception of our daughter..
I had already sent the CSA proof from the Courts ( when he had previously applied for custodial rights of our daughter prior to our divorce becoming absolute) on paper from the Courts signed by my ex saying he was her biological Father and wanted custody of HIS daughter, prior to my case with the CSA opening..
However... the CSA did not take any of this into consideration for MY case..and STILL gave him the DNA test without him paying upfront..( yes he had to pay it back when it came back 99% recurring he was her Father..which we all knew anyway...:S..)
So I had supplied two seperate pieces of evidence..plus his name was on her birth certificate and he registered her birth ( so signed THAT also)..and yet the CSA STILL gave him the right to deny parentage..and gave him the test in advance...
I quibbled this several times with the CSA comparing my case then to my Fiances..but they STILL say that is was two seperate issues ( moreso as my case closed back in 2001) and I should have argued MY case at THAT time... Seems strange as both my Fiances and my case opened at the same time???
I HAVE also explained that I was not aware that I could get anything in arrears until three years ago, as having little understanding of the CSA at the time..I simply thought that the monies would go to the state to 'pay back' any benefits I had previously had during the time I was a Private customer
Little did I know at THAT time that I was entitled to any monies collected by the CSA, whilst not on benefits...:( Dammit!!!
So...my case aside now as mine is well over and done with ( albeit I never got ANY arrears for the four years I was not on benefits and stayed with them as a Private Customer..and I HAVE also questioned this...as any arrears from MY case would have been handy to pay towards my now Fiances case ( what a mess huh???)
So much to explain and SUCH a long story but all factual and getting me in a REAL pickle as I cannot get my head around all the jargon..still I know you all seem to have some GREAT knowledge now,and so wish I had come on here earlier...
I will follow all advice from you..and crack on with anything you suggest might help get this case clarified as I want it all over and done with so that we can try and get our healths better and not have to worry every time the phone rings or the postman calls..
ANY correct advice is GRATEFULLY received.....Thanx again...:)
WHAT A MESS..:S0 -
OK, been in similar situation, not with regard to parentage but with CSA alleged debt of 34k - have recently proved this not so!!
Please listen, I know you are worn down, shattered, have little fight left in you, BUT you must stay strong, believe me your home is at risk if you buckle under the strain.
Firstly, you do not need massive costs to transfer the home into your name, legal costs are approx £100 I have been told, whilst I appreciate money is tight, if you could even borrow this figure, in the long run it would protect your home from forced sale, but as house not in joint names suspect this may not be an option. The fact you are not credit worthy is of no concern. I know of 2 solicitors who may be ale to arrange this move.
NACSA is an independent organisation who offer support and advice, they are extremely specialised in CSA law, and will give fabulous advice, worth a look , I believe they now do 'monthly' subscription, and are worth their weight in gold. They are totally impartial.
If you complain always put it in writing, send it recorded delivery and keep Royal Mail barcode, CSA are well known for 'losing' vital pieces of evidence, you need to cover your back at all costs.Complain to the original office dealing with your case, if no joy, write to the CSA CEO, and copy your MP, but at this point would strongly suggest contacting the MP anyway.
Good that you sending off for DP File, they 'should' legally return it to you within 40 days, it will hold all correspondence CSA have in relation to your case - or hopefully so!! If you are not satisfied with complaints, then you can go to ICE, they are Independent Case Examiner.
BUT, again, please as the CSA are looking at a liaility order, once this is gained, within weeks they will send bailiffs to your home, they will gain a CCJ, and then they will gain a charge on your home, so be prepared for that, you must stay strong as your home is reliant on your fighting for it. The CSA will not mess about and the timescale is weeks not months, so please act now0 -
Sorry, just to add, when the CSA said it best to go to Court' - were you aware that when a liability order goes to Magistrate Court, the Magistrate has no power in their own Court except to allow the liability order?
Hmmmmmmmmmmmm, think you been fed one of the many CSA lines, best to only deal with them via letters/MP, they are not to be trusted and a differing story dependent on which muppet answers the phone. Only people I ever managed to speak to who understand the CSA Laws etc are CSA Appeals, as said if at all possible put in a general appeal on the decision, in writing of course0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.9K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.1K Spending & Discounts
- 244.9K Work, Benefits & Business
- 600.5K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards