~NRP~ Help Needed Desperately!~

kelloggs36

Please keep us posted as to their responses so we can try and help with the next step.

kelloggs36

Please keep us posted as to their responses so we can try and help with the next step.

Didismump

..Here we are AGAIN...and as ALWAYS....it's Friday and another 2 letters have dropped in the letter box JUST in time to spoil ANOTHER weekend...:(
I cannot believe that after ALL we have been through, the first sentence of the first letter stated that I had sent in an appeal against a Child Support decision..
The NEXT line THEN asks '' Please give the full name and date of birth of the child to which you refer'....
DER!!!!...do they NOT read every letter I/we have sent over the past 13 years???
Or is it simply because I have dealt mostly with the Hastings branch (albeit I HAVE written to Preston and various other CSA branches in the past too)...:(

It goes on to say...( and THIS is where I REALLY need help again...:(...Sorry..:(
''We,at the Child Support Agency Central Appeals Unit, prepare appeals for consideration by the Tribunal Service.
Unfortunately the Tribunal Service has no jurisdiction to deal with appeals on the grounds of 'disputed parentage' where a maintenance assessment or calculation has already been made.
Such appeals must be made through the Courts.
If you want to appeal, you must apply directly to your local Magistrates Court. You should contact the Clerk to the Justices Office at the Court if you want more information about this.

HELP!!!!!!....:(


PLUS (from the second letter) I now have to send another letter of authorisation in to deal with this on behalf of my Fiance...:(

Are they SO incompetent that they need this updated regularly..even though they (should) have it on file from when I started dealing with it in 2000 ( and several times after when I sent in others, as they 'could not find authorisation from my Fiance allowing me to deal with the case'...)

Someone PLEASE tell me..WHY???
Also....
On the authorisation form I have to tick one of three boxes which apparently should apply to my Fiance...
Which state as follows..
'' I am the''
1. Parent/person with care of the child
2. Non-Resident Parent
3.Child (Scotland only)

(It then goes on to say..'I wish to appeal to the Tribunal Service against the child support decision made on ....../.../.../

As he has NEVER admitted paternity he does NOT want to tick box 2..as he feels this MAY be a 'trick' to force him into admitting that he IS the childs Father...
But I am at a loss as to what to do...other than writing ANOTHER letter explaining the whole story AGAIN..to the Preston Dept???

bdt1....kelloggs...anyone?????...Please help again...and sorry to put this on you on a Friday also...:(
Dammit,DAMMIT,DAMMMMMMIIITTTTTTTT!!!!! ....:(

kelloggs36

Don't tick the box! Get your MP involved ASAP and ask them to liaise with them on your behalf - you are asking for them to review the case in detail taking into account the legislation which applied at the time.

bdt1

As they have applied their own laws incorrectly, in as much as you SHOULD HAVE been awarded a funded DNA test to prove parentage , this is the ground for your appeal, and as there are no time limits with regard to CSA applying law incorrectly, you SHOULD be allowed to appeal. As Kelloggs says get your MP onto it, I would now contact ICE, and fully explain the situation.

AS Kelloggs says under no circs tick the parent box

bdt1

I would reinforce to them that you are wanting to appeal against the fact that a funded DNA test was declined, this is the reason for appeal, end of story. As Kelloggs has said the law changed after you were declined the test, so therefore they have applied their own law incorrectly, and this is the basis of the appeal, you were entitled to a funded DNA test BY LAW. State you wanted a DNA test then - as you still do now, and have never accepted to be a parent of the child. Send the evidence of letters etc again. Show all of this to your MP, but again please contact ICE, and NACSA!!!

Didismump

..Ok..so the ENFORCEMENT has JUST arrived in the post...informing us that the CSA will now be going for a Liability Order....
States as follows....We are applying to a Court for a lIability Order against you.
You have not paid your Child Maintenance Arrears of £11,588.81p for the child ******** ****** birth date ***/***/****
Despite our previous requests for you to contact us unless you pay the outstanding amount within the next seven days.
What this means for you
The child Support Agency will now apply to Magistrtaes Court under 'section 33 of the Child Support Act 1991 ' for a Liability Order against you.
We have enclosed details with this letter
We will now take legal action against you by applying for a Liability Order which legally allows us to recover what you owe.
A Liability Order allows us to take legal action to recover the money you owe (further information enclosed) and you may have to pay the legal costs involved.
Your arrears will continue to increase during this process.

It then goes on with lots more 'threats' of what they can do...:(

HELP again..I cannot contact Local MP as it is the w/end...
Happy Saturday....NOT!!!

Any ideas on this????
Also..why should the arrears increase during the process when the case has been closed for almost 3 years now????

HELP!!!!!....:(...Kelloggs..PLEASE do you KNOW what Section 33 is/was...as of the 1991 Act???
Am petrified of having to go to Court ( remember we are both disabled...its not easy just getting washed & dressed...let alone standing and fighting my Fiances case in a Court)

PLUS..I do NOT want the Bailiffs on our door...
Feel REALLY sick and got an INSTANT headache....WHY do they do this EVERY BL***Y weekend??
Just to muck it up and remove any relaxation we may be able to get....MORE tears now...:(

Didismump

PS..And we HAVE contacted them ALL the way through since 1997!!!!..:(

I have almost ALL the letters sent & received since then ( some are missing from when OH was kicked out of his last relationship..but most of them (def since we have been together (2000) I have in a file)..:(

CRANKY40

When is his start date of liability please, and is it an interim (penalty) assessment, or a formal assessment (IMA or FMA). Sorry, just seen that the IMA is effective from 1997. It stil matters if he can prove he was living somewhere other than where they sent the original MEF to though, at the time that it was issued.

(Kellogs, for your info, it's an IMA and NRP could prove they were not living where the MEF was sent then the IMA would be invalid?)

CRANKY40

Incidentally, his arrears can be more than the liability order amount as if you live in England or Wales as only the amount outstanding from 13/07/00 is enforceable if no previous action has been taken.