~NRP~ Help Needed Desperately!~

Didismump

Thanx bdt1...:)
The house is not in joint names..however I DO also have BIG debt and creditors after me constantly ( I got BADLY burned by a conman 4 years ago who took what savings I had as 'investment' and fled the country leaving me in ALOT of debt and with even more credit arrears than I had ever previously had..so I am blacklisted and with the CCCS also)
So this is probably NOT a viable idea for the house to go in my name anyway.

BUT..I wondered IF my daughter could have it put in her name as she also lives here with us and is working full time (but has no credit rating as above conman also took her for what he could and got her in debt also...However she has NOW paid ALL her debts off as of this year)..
She is now trying to accrue a new credit rating..(by contract phone and will hopefully be adding more things as and when possible)..so would SHE be able to have the house in her name???
It is not a problem with my Fiance..simply as he is more like her Dad than her own Dad, by his own admission, and has already left everything in his will ( in the event that we both pass at same/similar times) to her (my daughter) anyway...
So might THAT be an escape route? or a possibility..and legal..and how much would it cost..ish???
I will try any avenue to keep a roof over our heads as long as it is right....
Something HAS to be possible as we simply are NOT well enough to cope with a move/losing our home on top of all this....:(

Didismump

Hi bdt1 again..:)
Thank you SO much for that last message..I DID wonder IF I would get to have MY say at Court or IF it would be just the CSA's case/side of the story which would be recognised..
So I am NOT better off letting it got to Court at all then.....Cheeky conniving so & so's ..:(
I sure WAS fed a line wasn't I???

So if I put in an appeal on their decision so far..what grounds DO I appeal on??
SO confused as I seem to have written this story so many times when I have complained to every CSA letter...:( ....Sorry...:(
And what dept /place do I send it to???( presumably as previous to where our case office is??)

PlayingHardball

Didismump....just want to say to you that you need to know that there are others on this forum who will help, those who have been there before you ..bdt1 and others, so hang in, dissect every bit of advice you are given, and have faith that you will eventually get a result.

Didismump

..I am truly grateful for ANY help..but sadly I DO need help with knowing what to say and HOW to say it as I am lost as to what to say in any complaint???
I guess my complaint stays the same..that my Fiance has not been granted a DNA test..and that this is wrong???
My Fiance IS trying to help me also..and is on his laptop as I type this looking up more info on NACSA...
He wondered IF it may be right and better to join NACSA..and has just queried whether it would be viable to do so...

I have tried SO hard for years to fight this alone...albeit I have involved our Local MP...but so far he has not been much help, only in stalling the case from going to Court..
My Fiance wants to know IF he is the girls Father or not...as again I guess I COULD turn this on its head and say that he has been denied his Paternal Rights IF she IS his...as he lost the biggest and best part of her life...
This IS all wrong...and the CSA have treated both him and me like dirt on the bottom of their shoes..:(
They are rude ,abrupt,curt and intimidating on most calls..and I can count on one hand the 'nice' people I have talked to at the CSA...
I seem to have already found more help on here than I have previously received in the past 10 years of fighting this case, and I am SO thankful for all you all say and advise..:)
I am listening and bone picking...but VERY confused and tired with getting nowhere...
The CSA truly tie me up in knots..and because of my health probs I cannot always deal with it as quickly as most...hence we wonder of NACSA can help more..
Just worried it will cost money we do not have spare to play with...Damn!!!!!

LizzieS_2

Didismump wrote: »

..I I guess my complaint stays the same..that my Fiance has not been granted a DNA test..and that this is wrong???

From your earlier posts it seems there are 2 reasons why
1) he is on the birth certificate
2) he has made some payments

He can still have a DNA test done but he will have to go through the courts for it. Cost around £175? fro court plus DNA centre (better to use one csa approve of).

Didismump

Thanx LizzieS...
Being on the birth certificate is not concrete evidence of parentage/parental responsibility either Lawfully or Legally. I have already found this out..however CSA have THEIR own rulings on everything.
They are simply stating 'Right Of Presumption' as his name IS on said certificate...
It is all based on 'Circumstantial Evidence' (ie he was in a relationship with his ex at the time of conception....but then so was another man too..unknown to my Fiance at THAT time of placing his name on the childs birth certificate)
I need to clarify this as explained by some of the other posts...

I fear that having made some payments he admitted liability..but then ALSO have no problems with arguing THAT one either,simply as ANYONE who has been on the receiving end of the CSA's intimidating,threatening and rude telephone calls will know they are enough to make MANY buckle under...as he did ( had I have been with him at THAT time he would NOT have made any payments..simply as I would have advised him to ignore their threats and stand his ground on gaining a DNA test via the CSA...He sadly knew no different at the time, and is not a confrontational person by any nature or means..and as they threatened him with Court/Prison he was naturally scared..hence he paid)...

DNA test HAS to be submitted by the company the CSA state for them to accept the decision..and it costs £399 ( I have again already looked into this JUST to see the whys and wherefores..and the company the CSA use is priced as above IF done 'privately' which ours WOULD be classified as..as the CSA have NOT (to date) accepted to advance the payment...
Having been through DNA test myself ( on the other end of a different story) I know that it HAS to be done their way or they simply do not accept it...

Have already spoken to the Courts 4 times re gaining a DNA test..They told us we could end up 'wasting precious money we can ill afford' simply as it can go to Court and be stated that the DNA test has to be done..and directly we walk out of the Court doors his ex can move away/on again to another area..and we have no idea where she is ..and she gets away with not having the test...and so we HAVE to take it back to Court again...

Because of the amount of times we have found out she moved about and made name changes (prior to the CSA case being in place) we know factually she has done it before so would possibly/probably think nothing of doing so again..
The DNA test is only cheaper IF the CSA enforce it...not if we apply for it ourselves...:(
Different costs...different companies...Sadly...:(

Didismump

Errors, like straws, upon the surface flow; He who would search for pearls must dive below.
~John Dryden.....( I am diving as deep as I possibly can...and then some....;))

LizzieS_2

For the court I would pm speedster - he knows most tricks there.

Didismump

Than LizzieS...but if you read my thread from the start you will see that we are both registered disabled/reliant on state benefits and have no spare money for taking Court action ourselves anyway...and there is no longer 'Legal Aid' in place for any CSA matters ( as I recently found out after a 5 week wait for a Solicitors appt...having been to the CAB regarding the matter)...so us trying on our own is out of the equation....:(
The CSA told me to go to the CAB to get help....what help WAS that???....:(

bdt1

Ok, with regard to an appeal this is what you need to do.

You cannot appeal against an arrears figure, you can only appeal against the decision that concluded the arrears figure. So, you need to have a look and see when you were last assessed, and what the figure was, if this assessment was made within the last 13 months you can appeal, outside of this it can be more tricky.

If you have been assessed within the last 13 months, put in writing that you wish to appeal against decision dated **/**/****, and the grounds of the appeal are x,y,z. Also send any copies of evidence, or additional documents you think may help (do not send originals). Send it recorded delivery to :

Child Support Central Appeals Unit
Freepost (but send recorded delivery & keep print of barcode from Royal Mail Track and Trace)
Peel Park Blackpool
Pittman Way
Preston
PR11 2DN

Their phone number is 0845 6100912.

They will write to you with a bog standard response, and you will be allocated a Case Worker, when they get to your case, they will re-look at it and see if it is correct, if not, they can correct it for you. If you disgaree, this gives you appeal rights and you can proceed your case to an Independent Tribunal Hearing whereby an independent judge will hear your case, and make a decision accordingly, which CSA must then adhere to.


If you also write to CSA complaints and get no response, then proceed to Independent Case Examiner. But beware, both the ICE, and CSA Appeals are bogged down with lots of cases at present, and then the expected date for a hearing frominitial contact is 4 months (we received a letter stating this from our Tribunal). Which is why CSA will try and enforce the action before you get the chance to go throught the procedures outloned above.

Hope this helps