Next Steps??? Any advice

bdt1

OK, those of you regulars who know us may remember our story.

In nutshell NRP has 2 QC to PWC, then goes on to marry a lady who has 2 ds to her ex husband, then they go on to have 2 children of their own.

But, CSA involved in NRP, and ex (PWC), so case for 2 QC.

Basically as NRP self-employed (part-time), whilst also providing childcare for their 2 children, and NRPP employed full-time earning more than NRP ever could, CSA and PWC have not liked this.

NRP has won 2 Tribunal hearing in relation to income/lifestyle wtc, and won both. But on top of this CSA made massive errors in an assessment from 2007, then backdated these errors to previous decisions as far as 2004 the said NRP owed over £34,000 to PWC, they then got LO, CCJ and interim charge on house.

This has been horrendous, but NRP proved in MAY 2010 Tribunal hearing that CSA had done exactly - made massive errors in case - received letter todat stating that all assessments made by CSA from 2004 to date are re-calculated, and each and every one is less than NRP has been paying, so in effect as there were no arrears before 2005, NRP has overpaid, even tho CSA got LO, CCJ, interim charge on house and sent bailiffs to their home.

So question is, what do CSA do now? Case is presently with CSA Appeals with Tribunal Judge overseeing their actions, to ensure they put things right, but what is the process for cancelling the LO, CCJ and charge on house, as well as some form of redress for all of the 4 yrs of hassle and grief caused to both parties - NRP for being harrassed for money not owed, and PWC for being told constantly NRP owed her this money and they would enforce it to the hilt!!! Except it was never owed in 1st place.

Not a good situation for anyone - any advice greatly appreciated,as said before now NRP has actually overpaid (has been until last week), but we will not pursue PWC for money back, just intend to stop payment now until figures sorted, we calculate PWC overpaid by £8k at least and last QC now nearly 18.

gratefulforhelp_2

I would see a solicitor if you can afford it and see about legal help through your house insurance if not, or anyway.

You have a case here I should have thought for a civil claim in court, since the loss you have suffered (at least in financial terms) is quantifiable, you haven't mentioned the interest you have lost on the 8k either, or fees you may have paid in going to court et.c.

CSA_Help

You need to work out after they supply you with a complete account breakdown of your account what you have paid to date and what should your account been as if it was not overcharged back to whatever date.

A bit mind boggling but what you would have lost in interest.

As far as the LO and debt rung up because of these people i would like them to sort it out with the court.

Apply to special payments then possibly through the official channels MP etc of what they have put your family through

It wont be concluded quickly i dont think .

Good luck

bdt1

Thanks for your replies.

There have been soooooooooooooooo many mistakes inour case, we have started the complaints procedure 1 step at a time, to address issues.

ICO involved as CSA 'lost' bank statements which prove they used child benefit, insurance payout, NRPP reimbursed company expenses and NRPP CSA amoney from her 1st hubs all as NRP assessable income. ICO conclude CSA inbreach of 6th and 7th element of Data Protection Law in this instance

ICO involved as CSA despite NRP AND PWC signing confidentiality form, NRP was leaked with information/documents informing of PWC full residential address and place of work, work fax and phone no. Have started complaint regarding this, Janis Crook and ICO looking into this one!! Not hold our breath

We already borrowed over £1000 as we involved SL initially, we cannot afford legal help again, but believe we can offset expenses CSA have cost us to put us in position we were before their mistakes, therefore time to attend 3 court appearances, loads of letters, calls, NACSA subscription etc all add up, plus how on Earth can they explain us having to discuss not answering door to anyone to our children, in case of bailiffs, this is what disgusts us, we are/were innocent of owing any money to PWC, AND were treat like/as criminals.

Our MP was hopeless, and we even have e-mail from MP assistant staing (when our home being subjected to charge) that had my hubs (at times) paid more in way of CS then we wouldn't be in this position), he refers to time hubs was starting up n business and made loss in 1st yr trading!!!!!!!!!!!!!!!!!!! I'm keeping this and other snippets of juicy documents for a future hit, believe me, we will not go away quietly after what they have done to us.........................................................

They very nearly destroyed my marriage, my home, my job, my health and more, cos some1 at CSA made a mistake and now after Janis Crook stated the assessments were 'correct', they have admitted they were in fact incorrect...........................if we hadn't been strong enough we would have lost our home by now

markeymark

stay strong (as u have shown up till now) goto a lawyer and seek proper legal advice against these morons

CSA_Help

Sometimes it makes you want to give up.

No consistency within the agency one person tells you one thing another tells you another, yet no one willing to put it in writing.

Have look at NACSA's compensation guide and document everything that has happened case

Compensation will never come close to what they have done to your family and hopefully you can put these dictators to bed once and for all.

dizzydusty

Hi bdtl,

I thought my problems with the CSA were bad until I read yours.....glad it now appears to be coming to an end for you though.

Sorry if Im being thick but is ICO the Independent Case examiner?? because that would be where I would recommend you go with this or to the Parliamentary Obudsman (sp??).

I personally think that now that the CSA are in the process of re assessing your NRP's case (sorry I can't remember if thats you or the other half) then I think that they will need to be allowed to do this in order to 'officially' see the extent of their maladministration in financial terms with regard to how much maintenance they have over charged.

Personally I would then go after them with a claim for financial redress for maladministration, citing all of the errors they have made from as far back as possible. I would assume this to be fairly straight forward as you will have received all of the reassessment calculations. Any payments they make to you as financial redress will be subject to interest from the time of the maladministration, so you could end up with quite a bit more than just what has been paid out in overpaid maintenance (subject to interest rates at the time mind you).

With regard to the money the PWC has been paid but shouldn't have been, I personally think this will be classed as official error and not recouped from the PWC anyway. It is the CSA's maladministration that caused the PWC to receive too much. I don't think the choice would be the NRP's whether or not the money would be repaid.

As for financial redress for the stress you and your family have suffered at the hands of the CSA... I am at a loss to how they could ever make that up to you. However I would be detailing all of the financial losses you have suffered (outwith the actual overpaid maintenance) and sending them the bill for this, including employing your lawyer etc. It may be that you need to take legal action in an attempt to recover compensation for the non financial stuff such as stress, the damage to your credit rating etc.

I think I would also be quoting the Human Rights act to them as as a government body they will be governed by this also. I am sure there will be elements of this that the CSA have breached, such as right to a fair trial...I am sure someone will come along and correct me if I'm wrong.

I would also quetstion the staff memebers involved in the various different assessments, loss of evidence etc as they will have breached the standards of behaviour laid down by firstly DWP and probably CMEC.

Best of luck in whatever you do though.

Dizzy