~NRP~ Help Needed Desperately!~

bdt1

If I were you, I would contact Court immediately and request that another date be set on grounds of your travel arrangements, I know in our case County Court have obliged to change date they set, they can be flexible at times. But, if I were also you, whether you do mornings or not is immaterial, you need to attend - this is your home and life on the line!! It will probably mean the LO is granted regardless, but this is an opportunity to cast doubt over the reliability of the alleged debt.

You will be given the opportunity to speak to CSA Repreentative prior to hearing, so may be worth asking them what evidence they can produce to support LO/arrears! But be cautious, do not disclose too much to a CSA Rep regarding your next moves.

Again, just our experience, but our CSA Rep at County Court hearing was very good (Magistrate one was pants), she told us that when CSA 'sometime' get it wrong then it can be horribly wrong as in our case!! She gave us her direct line and e-mail and said if she could help, ie delay further proceeding etc she would help - she may not have been genuine, but certainly seemed it, and the Judge adjourned case indefinitely regarding full charge on house, until CSA could come up with some concrete evidence debt was owed - he wanted to await outcome of Tribunal hearing. The CSA Rep agreed and did not push the issue.

Good luck but please try and get the date changed.

Didismump

Hi BDT1..
I wrote immediately the day I received the Summons...(Aug18th)...It had been granted on August 3rd but the CSA in their infinate wisdom did not send it out immediately they recieved it..:(
I also wrote to the CSA the same day telling them of my intentions and reasons as to why I could not attend...

Not heard anything from either the Court OR the CSA yet ( apart from the DPF..which certainly gives reasons to adjourn ANY hearing)..so I rang the Court today, and they informed me that due to there only being ONE CSA hearing day per month, my request to adjourn was TOO late..
SO..it WILL go to Court where they will consider the adjournment in my absence on the day set for the hearing...:(
NOT happy about this, but it seems I can do no more than ask..
I wrote again today to both the Court and the CSA highlighting the most recent emails between two of the pertinent CSA workers dealing with my complaint..
(Emails as follows...)

Hi *******
I believe you are working on a case for the above named NRP.
NRPP has contacted the agency disputing arrears- their first argument is that they want to dispute paternity- this was investigated in 1997/1998 and NRP was advised to apply to the courts for a declaration of non-parentage as he was named on the birth certificate and he failed to return the MEF.
NRPP also states that the NRP never received the original MEF and so the NRP never had the chance to dispute paternity- I have requested the CSA320's for this case to allow me to check for the address that the MEF was sent to, as if we cannot prove the NRP received the MEF the whole case will have top be withdrawn.
Whilst this is going on I am also checking the arrears balance as the initial MA was an IMAA but a future effective date was not used so the IMAA was defective-there may need to be an adjustment to the arrears-do you hold a copy of the breakdown that was sent to you as part of the enforcement referral?
Because of the doubt that has been cast I don't know if you want to suspend enforcement action until this is resolved?
Best Wishes,*******

The reply to THAT email was as follows...

Hi *******
Please find attached the account breakdown and also the CSF 546 as it may be useful.I have copied to my Line Manager with a view to 'suspending' enforcement action.
Hope this helps.
Best Wishes,*******

However..they STILL went ahead and let the Summons be sent after these emails were sent (they were sent out respectively on July 31st and Aug 2nd)..
SO it looks like they are gunning for my OH...:(
However..the DPF shows NO sign of ANY paperwork from 1993..NO MEF..nothing...
ONLY several copies of envelopes marked 'Returned To Sender-No Longer At This Address-Property Repossessed by Bailiffs'' written on them, from 1994.....

Would they have with held the paperwork from 1993 intentionally..or HAVE they mucked up BIGTIME???..(I REALLY pray )

Didismump

:S
Still received no replies to my last post..so can only assume that no-one has any answers....:S
So I JUST wondered IF anyone knows WHAT happens next??..
Having been told by Court Clerks that the hearing to our case for a LO has been 'withdrawn permanently' as far as they ( the Courts) are concerned, due to the CSA withdrawing the hearing at the last moment and not requesting another date for another hearing ( possibly due to lack of correct evidence since us receiving the DPF and arguing the facts, (can only I assume)

Silly I know..but I have been in tears all day today...arguing with the OH.... as I just do NOT know who to contact now OR what to do.... having previously contacted all the following and having got no-where in any solid answer....
Everytime it just gets bounced to another department who always ends up arguing the same wrong reasons for wanting the arrears for the QC, even though there is still no concrete evidence that my OH IS the NRP..and STILL ( it seems from the DPF ) there is no proof of either an MEF OR IMA ever having arrived at the address he was living at ,at THAT time...( or could THAT be missing..as they are failing to come up with any answers to my questions...)

I have written to all the following depts & people..
Any ideas on anything????...Kelloggs...bdt1??? Anyone at all???

Magistrates Court

CSA CEO
Complaints Review Dept
Enforcement Dept
Local MP
CSA Centre Manager
Client Service Director
Senior Resolution Manager
Complaint Administrations Officer
Customer Services Officer
Maintenance Assessment Officer

and have phoned ICE & NACSA....
Was advised in the letter we received today to contact ICE..but it seems we COULD incur charges and be liable for any costs...

Wanted to add..we STILL have NO Caseworker...are we supposed to have just ONE who deals with the case????

Didismump

So far have received two replies to all the above letters I sent.
One from the CEO saying one sentence..'They are looking into my complaint and will contact us in due course'....
One today from the DPU APOLOGISING ( is THAT a first) for taking so long in sending the DPF (53 days) and also for the fact that both the MEF & IMA are missing from said DPF... but advising me that they refunded the £10 payment which we had paid for the DPF ,simply because they were late in sending it..
Does anyone else think that THAT is their way of thought on compensation???

CSA_Help

Didismump wrote: »

So far have received two replies to all the above letters I sent.
One from the CEO saying one sentence..'They are looking into my complaint and will contact us in due course'....
One today from the DPU APOLOGISING ( is THAT a first) for taking so long in sending the DPF (53 days) and also for the fact that both the MEF & IMA are missing from said DPF... but advising me that they refunded the £10 payment which we had paid for the DPF ,simply because they were late in sending it..
Does anyone else think that THAT is their way of thought on compensation???

Thats not compensation it is just their way of saying we failed to deliver your dp files within 40 working days. What office are you dealing with as you need to pin them down to specific person that will handle your case.
DO NOT BACK DOWN AS THIS SHOWS A SIGN OF WEAKNESS AND THEY WILL TRY AND WALK ALL OVER YOU.

Demand a face to face for an explanation

speedster

53 days??

think yourself lucky! it took them 86 to send mine!

still. was well worth the wait as it shed some light on their c o c k ups!! :rotfl:

Didismump

CSA_HELP....I have no intentions of backing down...Joined NACSA today for a Full Case Audit as the second lot of DPF arrived and there is STILL no sign of either an IMA or MEF from 1993..
However in THIS lot there IS an IMA from 1998..after he had been requesting a DNA test from 1997 ( when he first received anything at all, from the CSA)..No sign of ANY MEF at all though...:)
53 days is good then...(lol)...Still a breach in the 6th Principle of the Data Protection Act though..so am letting NACSA pick the bones over regarding the whole case..and THEN I shall be getting back in touch with the caseworker from the DPU in Newcastle..also in touch with St Leonards CSA ( they are who are dealing with our case..but I have never been given a caseworker ,even though I have asked SO many times for ONE person to deal with....
Loving the work of the monkeys..they truly are NOT the three wise ones...;)