Bank account raided - advice please

MIKEtheBIKE_2

Just found something interesting. Read on

My bank account was secretly emptied by the CSA on August 5th 2009. Totally emptied meaning a cheque for petrol made the previous day put the account into the red.
The amount taken was over £700 and was basically a fortnights wages which had just gone in.

This meant I couldnt buy fuel to get to work, food, and all other regular doemstic bills. I also have my disabled son for weekends and wednesday evenings. He was 19 at the time, but still a child because of his disabilities.

I went straight to the court that carried out the dirty deed next day and was told to fill out a hardship form. The case for this was 1 month later.

CSA lady turned up at the hardship case and made it quite clear that she had been studying transactions in my bank account.

The judge awarded all the money to the CSA with the comment that I'd managed to get through the last month and ''you're still alive, aren't you?''

Today I have just found the relevent law that I am hoping shows that they acted illegally.

The Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009


Accounts of a prescribed description

25X.—(1) A regular deduction order or a lump sum deduction order may not be made in respect of an account which—
(a) the liable person operates solely for the purposes of exercising the function of a trustee or office holder and the account is one in which all the funds are held on behalf of other persons or for the purposes of that office; or
(b) is used wholly or in part for business purposes.
(2) For the purposes of paragraph (1)(b), whether an account is used wholly or in part for business purposes is to be decided by the Commission.
(3) Paragraph (1)(b) does not apply where a regular deduction order is made in respect of an account which is used by the liable person as a sole trader.


I have been a self employed sole trader for most of my working life. My bank account is where my earnings go. It's where my work related and domestic bills are paid from. I can prove this with my bank statements.

This law took effect from 3rd August 2009. Two days BEFORE my account was emptied.

It's very likely that Im out of time for an appeal, but I have only found this law today.

I'm hoping the fact that CSA have actually broken their own law will be on my side.

I was trying to find a law that says it's not OK for them to totally take all of someones money in one hit. No luck on that one so far.


All advice and comments are gratefully accepted.

KimYeovil

If you had paid the support no covert emptying would have been needed. Advice is pay your support in a more timely fasion.

MIKEtheBIKE_2

Done that too. Paid her directly with no complaints. CSA not accepting this yet though.

MIKEtheBIKE_2

Fashion has an 'h' by the way.

AnxiousMum

or.....if you wish to fight something legally in court, obtain proper legal advice. A good lawyer would've known the law that pertained to your case. Do you actually owe the child support monies? If so - be glad it is paid and get on with life......and supporting your child/children on a regular basis in accordance with your income level.
I doubt very much that you can appeal a decision 18 months after the fact - if you are defending yourself, you have your day in court to come up with the evidence or the laws in your defence. Maybe a good lawyer is in order.......but wait, that would be wasting money wouldn't it, as you'd be spending the equivalent of £700 on a few hours of a decent lawyers time - in order to get out of the £700 having gone to your child......Get over it, and ust keep up to date to stop it ever happening again

MIKEtheBIKE_2

ooo ladies please.
You are jumping to conclusions - just like the CSA

AnxiousMum

MIKEtheBIKE wrote: »

ooo ladies please.
You are jumping to conclusions - just like the CSA

Where am I jumping to conclusions? I asked you 'did you owe the money'.......not jumping to any conclusions at all.......the case was 18 months ago right? Suggested you speak to a lawyer etc., and IF you owed the money then to let it go rather than spend it on a lawyer instead of your kid!

Loopy_Girl

You've asked about this before Mike - why don't you look back at the responses because if you are going to jump down any 'ladies' throat that answers then there's not really any point.

To get to a bank arrestment would have taken a ton of letters, a LO being granted, a chance to pay and/or state your case - it would have taken months. Months that could have been used to try and overturn the decision if you think it was wrong.

Oh yeah...I forgot about your conspiricy thougts....*sigh*...no company is going to phone and say "just to let you know Mike, we are going to hit your account with an arrestment in 2 days time so could you keep all your money in it" are they? So as you were told before, there is nothing 'secretive' about iyt - perfectly legal and above board.

Loopy_Girl

MIKEtheBIKE wrote: »

I was trying to find a law that says it's not OK for them to totally take all of someones money in one hit. No luck on that one so far.

That's because there isn't one. An arrestment is made for the full amount and if it leaves you with money then fair enough, but if it doesn't.....

So was it a business account you had? Or were you using a personal account for business transactions (which I believe most banks don't allow)

and a disabled person is considered a child until 18. After that they are considered an adult - a vunerable adult - but still an adult.

Loopy_Girl

Just to clarify as well....was this money due incorrect and therefore you should never have been due it in the first place

or

it was arrears due, they have reduced your liability but for some reason you are still letting it eat you up well over a year later?

MIKEtheBIKE_2

Before I carry on with the thread, I have spotted something suspicious that needs explaining.
KimYeovil has posted once.
AnxiousMum has posted twice
Loopy Girl has posted 3 times in a row.

Each of these people has been 'thanked' on every posting by gratefulforhelp.

gratefulforhelp has been 'thanked' over 59 THOUSAND times in less than 5 thousand posts.

Is this a CONSPIRACY???

What can it mean?