alledged proof of payments help

markeymark

ive been trying to get CSA to correct my arrears for a while now. Ive asked them to write to my ex with a list of dates i handed money over to her, so that I have her admission or not in writing

CSA say that they wont do this and are happy just to take her word over the phone

They also state that copies of my old diaries (where ive kept a note of payments mad and contact are virtually useless, also ive stated my ex admitted how much I have her to my parents, told this to CSA but they wont accept this either

anybody any help??

Blob

Go to appeal, then she may be under Oath and told to provide the details. The Judge will then decide if you paid or not.

kelloggs36

I agree - go to appeal, the tribunal will consider your evidence and her lack of it and then decide. Good luck.

markeymark

ok i take it that I just write to them asking to go to appeal and then she will have to attend? will have to dig out copies of my old diaries, also would they accept a letter from my parents?

bdt1

Markey - it is up to the Tribunal Judge, but im my experience ANY evidence you have send to Judge anyway, so at least it has been looked at and hopefully considered.

You will need to request in writing that the decision CSA have made not to accept your evidence , you would like to appeal against. They will then pass it to CSA Appeals Dept will will either look at your evidence and change the decision, or reject it, and refuse to change anything.

This then gives you full appeal rights whereby you can request an Independent Appeal Tribunal hear your case. It is initially up to the Judge to decide if the case can be heard, but in my experience, again, only mine, but they usually give you a fair shot at being heard. Then at that point you can send all of your evidence to the Judge, he may request additional info from both parties, you can/should decide to opt for an oral hearing whereby both parties can be present to answer questions, or clarify points.

Good luck, the Appeals Dept address is on NACSA website, or just ask, and I'll dig it out - of course send recorded delivery etc etc you know the drill!!

markeymark

cheers folks, basically last letter was a full breakdown etc, i asked for them to contact my ex but theres nowt stated on this letter about that and also i can appeal to Janis Crook

should i now write to her?

bdt1

You can, but Janis Crook is in charge of complaints not appeals. She is based in Washington, Tyne and Wear, whilst CSA Appeals Dept is:

CSA Appeals Unit
Peel Park Blackpool
Pittman Way
Preston
PR11 2DN

I would write to appeals requesting your appeal reasons, but also complain to Janis stating your intention to appeal. TBH Janis is hopeless, but CSA Appeals are more informed and can be sensible in general compared to the bog standard CSA Muppets, Appeals staff seem much more clued up on CSA Law and procedures (again just our experience)

Good luck

markeymark

ok thanks will draft a letter to them both

cheers

bdt1

Just another thought......................................

They will probably feed you the line ' you cannot appeal against arrears (or arrears figure), only a decision/assessment can be appealed', so please just word your letters carefully, in so much as you are appealing the decision not to allow genuine evidence of direct payment to PWC, not that you are appealing arrears as such (not directly), but the upshot of allowing your appeal, will hopefully mean recalculated arrears correctly