~NRP~ Help Needed Desperately!~

kelloggs36

Yes, this is part of it - OP is trying to prove the effective date is incorrect - get MP to investigate this also - they want the Data Protection prints, and to send all evidence of their address if not the address held by CSA when MEF first issued.

kelloggs36

Has OP asked for an interview, to speak to somebody face to face about it, rather than deal with correspondence - that way they can ensure that all the points raised are heard.

CRANKY40

kelloggs36 wrote: »

Yes, this is part of it - OP is trying to prove the effective date is incorrect - get MP to investigate this also - they want the Data Protection prints, and to send all evidence of their address if not the address held by CSA when MEF first issued.

I knew you'd have the right words for what I was trying to say, lol.

Yes, you need proof of the address that the CSA sent the original form to, and proof (bank statement, utility bill etc) that NRP was living elsewhere at the time.

Did they send him another MEF in 1997?

Didismump

Cranky40 and Kelloggs....''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.''

We have been given SO many amounts over the years that I no longer know which one to believe...:(
Todays Enforcement states that the arrears are £11,588.81p..so I guess we stick with THAT now???
(Sorry to use this colour but I cannot get the hang of the quote thing...:(...)

I have trawled through all the paperwork we have in his CSA File ( that we have compiled over the years) and from what I can see there has been NO other MEF sent since the one they apparently sent in 1993...

But presumably WHEN I get the DPF THAT will tell us everything indepth???

Because he lived in SO many places ( he was also made homeless after the X kicked him out/ended the relationship in 1992, so ended up dossing on friends sofas etc..and due to that, as such he has NO proof of utility bills...
As for Bank Statements..well...I doubt he will have any THAT far back..again having lived all over the place prior to finally getting his own place again in 1997 ( which was when he first received ANY correspondence from the CSA,and got bowled right over having received the initial paperwork headed 'Arrears Of Child Maintenance' ( for £18,842.85p)
THAT is when his fight against the CSA started...:(

We DID have a lady come out and interview us and my OH sister ( in 2002...I have previously explained...his X admitted to OH sister that she doubted OH was not the Father of the child as she had been having an affair prior to and also at the time of conception.WE explained this to the lady at the time...also telling her about OH having had chicken pox/glandular fever when he was in his early 20's and his Dr telling him then that he would possibly be infertile due to having BOTH illnesses 'back to back', also that he had 'Fathered' no other children in any other relationships.
I also suggested to the lady that as we had tried for a baby and I had not fallen pregnant ( at all with him) and I had previously had several pregnancies by 3 other relationships, that this gave me reason to doubt his fertility also ( agreeing with his Drs thoughts)..
After ALL our explaining between the three of us, she went away and basically the next letter then came back advising that after the interview 'the only way forward would be for Mr******* to apply direct to the Local Magistrates Court'' ( for WHAT I do not know..as we then went and saw the Local MP again!!!
SOoooooooooooooooo tired with all this..and as you can see I cannot sleep...:(

What to do???
Where to go????
What to say???
Who to say it to???
LOST....:(...and COMPLETELY be-fuddled...:(

CRANKY40

If he can prove that the original MEF was sent to a place where he wasn't living, then the assessment is invalid, and as no more MEFs have been issued, all the subsequent assessments would also be invalid. If you're not having any luck with the paternity aspect, then I would be turning my self inside out if I were you to find some sort of proof that he was not living at the address that the original MEF was sent to. Anything official with his name and address on, from the date that the MEF was sent should prove he was living elsewhere.

The amount you are being taken to court for is only the enforceable amount of arrears ie the amount owed since 13/07/00.

Draw a line through the "possibly infertile" thing. The CSA aren't going to test him for that, so unless you get tests done privately that is a non starter.

Didismump

As I said...I am waiting for the DPF..which will establish all dates which I am unaware of ( as I have only been with him since 2000)...
Kelloggs/bdt1 previously informed me it can take up to 40 days for the DPF!!!
I guessed, when I wrote to the Complaints Dept & Arrears Dept requesting that all Enforcements be stopped until I get the DPF, that they would push THIS through asap..
Obviously they know I do not have the original MEF sent out in 1993...:(

I still cannot see HOW or WHY they are allowed to even issue an Interim Assessment without proof of parentage, especially as I have explained the WHOLE story right from day one, as he did prior to being with me.

As he never received the MEF he has no idea where it was sent to..(until we get his DPF), and as he lived (literally all over the area within a 35 mile radius) elsewhere , I guess we just have to await the DPF.
The ONLY proof he has is word of mouth of the people he stayed with, simply as I said, he dossed on couches/in spare rooms, so has NO 'official' rent book or paperwork..

I only mentionned the ' possibility of his infertility' as I was previously advised to bring up ALL the reasons for him/us doubting his parentage, and obviously THAT is a big factor with us ( I DO feel it makes me look a bad person for mentionning I have had several pregnancies,but I only actually have one daughter, as I (sadly) lost all the others...Rotten to have to disclose THAT to the CSA..but factually I know we HAVE tried for a baby in the past..and by all normal standards I 'should' have got pregnant...had 'things' been right).

That aside, as you may have read ( from the initial post onwards) we ARE both registered disabled, so cannot run around like everyone else..we are doing ALL we can, as we always have, to try and get this rotten case made fair.
My Fiance paid alot of money out for this child...it may not seem much to many, but as he never knew if she is his or not, it IS alot IF she is NOT his...
Blunt and to the point..as bdt1 and kelloggs said..the CSA HAVE broken the rules which were in force at the time of the MEF being sent out (1991 rulings), simply as there was no 'Right Of Parentage' in place then.
If you read my above statement ( in red) you can see that the CSA have plainly ignored my request, and have gone against their own rulings...The whole case 'stinks' of rotten eggs....:(

kelloggs36

They did the IMA because they didn't get the MEF back - they did this to my ex, who when he did decided to complete it, denied paternity (he was on birth cert, we weren't married) and they followed this path - I had to make a statement as to conception of our daughter etc. This was all after the IMA was calculated. You need another visit, so you can explain that the CSA have not followed their own procedures - get the DPA prints, and get the address where they sent the original MEF. Even if they did do an IMA, then when they did get paperwork back and he denied paternity, they should have followed this path, it wasn't a FMA calculated, but an IMA which means they can go back and change it when details are available. As I said before, get your MP involved immediately and complain all the way up the chain to ICE and then the Parliamentary Ombudsman (via your MP). This is the only way to get the CSA to look at what they have done and be forced to change it.

Didismump

Hi kelloggs36...Just tried to pm you but it says you can't receive any messages as your inbox is full and you need to delete some...If you can let me know when you have made some space I will send pm to you...Thanks.

bdt1

Kelloggs brilliant.

Didismump, keep a step ahead though, as CSA will get a LO, they will send bailiffs etc, but if they visit more than 3 timesace of 6-12 weeks and have no luck, they throw case back to CSA. When the time comes keep all doors and windows locked , do not converse with them, or at any point allow them in your home.

Once bailiffs throw case back to CSA, they will get a CCJ etc, but when this is all sorted, they will reduce or cancel the LO, and HAVE to remove the CCJ. Please contact ICE though, as when all of the above happened to us, for monies we have since proven we do not owe to CSA, ICE were able to get CSA to stop further enforcement for 'alleged' arrears after the assessments they had made mistakes on.

We were in the unfortunate position of having to sit our 3 boys down and explain to them why Mam & Dad must always keep the doors locked, we were scared the children left a door unlocked or answered the door to a bailiff - this is a conversation no parent should have to have with their children - well especially seeing as our case (as proven) meant bailiffs should never have been involved as we didn't owe the money CSA said we did just another catalogue of their assessment mistakes!!!!!!!!!!!! At our expense of course

Didismump

Silly thing to bring up..(I know) but we are due to go away soon(thanks to my darling daughter who knows we have had no holidays for years, and has kindly paid for the whole holiday/spends etc)
We have someone house-sitting at THAT time ( as we have a few animals who need looking after)...

WHAT happens IF the Bailiffs come and we are not here but SHE is???

Also...I have now contacted the Local MP via email..but would LOVE someone to guide me as to HOW to word a letter to ICE without having to go through the WHOLE (messy) story on paper AGAIN!!!

Can anyone ( who has read my complete post from start to finish) advise a breakdown of my (VERY long) wording & facts so far, for me to send to ICE???
All help MUCHLY appreciated..You are ALL wonderful...:)
FANKOOOO