Bank account raided - advice please

Loopy_Girl

MIKEtheBIKE wrote: »

I started this thread with a technical question about the Csa law. Has anybody bothered giving me a sensible answer? NO.

If you re-read post 5 you will see that a poster has advised that, as you are challenging a law, you should seek specalist law advice.

Quite why you have asked the same question (months and months apart) and expected that there would have been a lawyer online giving their time and advice for free is a bit of a head scratcher.

I actually don't really care what people think of me to be honest. I realise that alot of males are intimidated by myself as I am a female who is not afraid to speak their mind and I am also financially independant. It irritates some men to the point that you can hear their balls rise up into their body.

I tried to get to the bottom by asking questions but you went off on an tangent and were more interested in 'thanks' (of which you are the same bizarrely). This is a moneysaving forum and a place that people share experiences etc.

You wanting to challenge a CSA law is something that requires you putting your hand in your pocket and shelling out for a lawyer.

Didismump

Hi Mike..I believe I am right in saying that there is no timeline on a right to Appeal when the Agency has acted either illegally or unlawfully..Ask Kelloggs...she knows all the rights and wrongs on Appeals..:)

Good Luck matey...I am all for men paying for their wee ones..but this MUST be done in the correct procedure, as both parents still need to live..not simply survive...:)

Wasteland_Drifter

Loopy_Girl wrote: »

This is a moneysaving forum and a place that people share experiences etc.

You wanting to challenge a CSA law is something that requires you putting your hand in your pocket and shelling out for a lawyer.

I think this advice appears to contradict itself.

CMAC has a pro bono unit and can do the work for free if your case is a point of law challenge.

If you are not working, then any lawyer who is legal Aid franchised will suffice.

NACSA is a subscription advice service offering representation for a mininal fee.

There are plenty of moneysaving tips available to NRPs, not sure why they wont give them to you.

Wasteland_Drifter

Didismump wrote: »

Hi Mike..I believe I am right in saying that there is no timeline on a right to Appeal when the Agency has acted either illegally or unlawfully..

I can confirm this is correct, theres no time limit. But if the CSA has acted ilegally then its technically fraud as defined under Section 2 of the 2006 Fraud Act. If you bring a case to the CPS, the CSA interpret it to be "clerical error" and say a criminal case to be successfully prosecuted, the burden of proof is mens rea. They probably will not charge a suspect who is a civil servant under the Act.

If the CSA has acted illegally, whether intended or not, then the route could be the Parliamentary Ombudsman of ICE. However bear in mind, this could depend on how regulation is interpreted rather than being followed verbatim.

gratefulforhelp_2

Loopy_Girl wrote: »

Why do you think/say that? Why would you assume that others don't work? I can't speak for the other posters as I don't know them but I know I work very hard indeed and have a total of 3 jobs

You sound awfully awfully bitter for a PWC...still hankering over the NRP are we? Bless

You don't need to justify your lifestyle (working or otherwise). And neither do I.

MIKEtheBIKE_2

Didismump wrote: »

Hi Mike..I believe I am right in saying that there is no timeline on a right to Appeal when the Agency has acted either illegally or unlawfully..Ask Kelloggs...she knows all the rights and wrongs on Appeals..:)

Good Luck matey...I am all for men paying for their wee ones..but this MUST be done in the correct procedure, as both parents still need to live..not simply survive...:)

Thanks for that.

I spoke to the CSA on the subject - taking money from my bank, not PWCs collecting thank you points - and she said ''how were we to know the account was being used for business purposes?''

Well at the court hearing the CSA lady was able to tell the judge that I had just finished paying of a loan with large monthly payments - this was actually my ex buying a vehicle through my bank, and that my car insurance premiums seemed expensive - I have a motor traders insurance with 5 people on it.

If she had seen these details she would have seen the business transactions too.

Also the law says that I should have been notified at the same time as the bank, that this was going to happen.

Kellogs, where are you. Your opinion would be appreciated.

kelloggs36

You won't have been notified, that is the whole point so that you can't empty the account in advance. Can't say about business account - is it a personal account or a business account?

MIKEtheBIKE_2

Thanks for your reply Kellogs.

This is the line that concerns me:

MIKEtheBIKE wrote: »

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—

(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.

My account is a private account but ALL of my business transactions go through it. I am a sole trader.

Removing all of the money from it made it dificult for me to carry on my business without outside help. I think that would be the point of the law.

Wasteland_Drifter

Open a biz account in your biz name and transfer all transactions to it. Santander offers such an account & it costs zip and does not show on a trace or credit check. If poss, open it in your wife's name and just have a debit/ATM card in yours. It can be ready for use same day. PM sent.