I Need a solicitor to take on CSA, help!

manorpaul

manorpaul wrote: »

Sorry, just read it, maintenance enquiry form.

I never got one as I was of no fixed abode at the time.

Kimitatsu

So you were of no fixed abode then how did the CSA get in touch with you?

At some point you would have had the opportunity to question paternity which you have not done. You have not paid any maintenance for this child for 10 years nor have you made any attempts to query what you should be paying or even IF you should be paying and then you tell us all the CSA is a scam!

Sorry but looking at those facts, it would suggest that you are trying to wriggle out of paying. Apologies if it is not the case but from what you have said so far you need to get a DNA test as soon as possible (which you will have to pay for)

DUTR has given you good advice go to www.nacsa.org.uk and speak to them rather than waste your time on a solicitor. Currently from what you have said then you need to get a data protection request in as soon as possible and get all the copies of the paperwork sent to you, THEN you can see if you have been wrongly assessed.

Didismump

Manorpaul..IF you can prove that you never received either an MEF OR an IMA (interim maintenance assessment) then your case ( I believe.....ask Kelloggs a she is WELL up on the facts of this) 'could' be invalid....
However what you should have done vs what you did do are not good..BUT there is always light at the end of the tunnel and IF there is any doubt that the baby is yours and your name is not on the birth certificate and you were not married to the PWC ( parent with care) at any time then you DO have a case to fight..
DO join NACSA..but be warned...they have A HECK of alot of backlog atm due to the 'Monkeys' trying to get every single penny they can out of every NRP (non-resident parent... albeit you may only be a possibility) as the Secretary of State want all their monies back from what they have paid out in any benefits....:(
Look out ANY official document that proves you were of no fixed abode when either the IMA or MEF were sent...IF you have anything as proof that you were not at the address either were sent to, then you are on a winner...and they should then either close the case ( and possibly try and re-start it again at ANY given time..be warned ) OR offer you a DNA test to establish proof of parental responsibility...and you then know where you are going with it all...:)
TRY not to worry.. we are ALL in the same boat here...just not necessarily along the same story line...
But in the meantime..DO ring the Courts and check that your case is 'actually' going for a hearing, as we have recently been told the same and having rung the Court twice this week, and have found that there are NO hearings due in my OH's name at all..
Spoke to NACSA ( we have been with them for some time now) and they told us that the Agency are 'scare-mongering' atm..and will try ANY ploy to get monies out of anyone who they 'think' are possible NRP...
Watch your back...play safe...and contact NACSA..it does cost ( not lots and cheaper all together than an hour with a Solicitor) but they know more than most about ''the evil that is the CSA''...:)
Good Luck..and Stay strong...and FIGHT!!!

Wasteland_Drifter

manorpaul wrote: »

Hi does anyone know of a solicitor that will act on my behalf and take on the csa? They have given me a summons to attend a hearing on 04/01/2011 which I only received a couple of days ago.

There is Stephen Lawson http://www.fdrlaw.co.uk/
Mike Smith - Child Maintenance Centre. http://childsupportadvice.co.uk/

Both not cheap but do get results. However its very difficult to revover your costs from the CSA if you win, that needs the Parlaimentary Ombudsman to intervene to negotiate and recover damages for you.

If this summons is for a Liability order, then dont even bother turning up, Its not a summons, more of an invite, and the law actually prevents you defending it anyway. The CSA only want to get you there. You cannot stop a liability order being granted so dont waste your time attending.

If the assessment is flawed then NACSA is good, they can examine your case and then you ask the parliamentary Ombudsman to intervene, or have ICE look over your case and they can have the CSA comply with its own rules on maintenance if something is found to be wrong.

DO NOT acknowledge receipt of any Liabity Order or any "summons" for you to attend a hearing for one You will not "arrested".

If this is a summons to appear before a criminal proceeding then you will have been charged and indicted. Your posts makes no mention of being interviewed under caution, let alone charged as a suspect with an offence. If this is a criminal trial then you should have already had an application for legal aid filed and a solicitor in place when you were held at the police custody suite, if you dont, then speak to the Duty Solicitor at the court before you present yourself at the hearing. If this is just a CSA Liability Order hearing then quickly leave the building.

Wasteland_Drifter

Re: PM, sorry I forgot to cite the relevant legislation proving you cannot defend a CSA Liability Order at the application hearing. I do apologise.

Section 33(4) of the Child Support Act 1991. http://www.legislation.gov.uk/ukpga/1991/48/section/33/enacted

(4)On an application under subsection (2), the court or (as the case may be) the sheriff shall not question the maintenance assessment under which the payments of child support maintenance fell to be made.

manorpaul

Bit concerned what 'wasteland drifter' said, which was "If this summons is for a Liability order, then dont even bother turning up, Its not a summons, more of an invite, and the law actually prevents you defending it anyway. The CSA only want to get you there. You cannot stop a liability order being granted so dont waste your time attending". I'm not doubting the remark, I just obviously don't want to make matters worse. I have just phoned the Magistrates Court in question and they confirmed that I am due in court on the date stated with the CSA! How do you attach images on here, then I could show the letter sent by the CSA?

Wasteland_Drifter

You dont need to show the CSA letter in the forum, because its a standard document sent to all parents whom the CSA wants to apply a Liability order.

The court pencil-whips them by the dozen anyway, and by turning up you will achieve nothing. It will be granted even if the magistrate doesnt want to and disagrees with the CSA decision to you having a Liability Order. The mag has no choice and is actually a puppet on a string.

Focus your energy on having the CSA correct the assessment and disrergard the Liability Order hearing, there is no hearing at all, because the whole sheet of applications are rubber-stamped in one sitting in a back office at the magistrates court.

manorpaul

Would it be a good idea to contact the CSA and ask them to bring EVERY letter they have ever sent me to the court hearing, I know legally they have to send them out to you if requested but I don't have enough time now to do that apart from that they would just say they never got the letter in the first place. If I sent the letter requesting all my files to be bought to the court hearing via recorded delivery and kept the tracker on it and printed the tracking details of my email and bring that to the court and a copy of my letter to them to prove I want to resolve this matter properly and get the case adjourned and then let the NACSA deal with it, would that help?

manorpaul

Wasteland_Drifter wrote: »

You dont need to show the CSA letter in the forum, because its a standard document sent to all parents whom the CSA wants to apply a Liability order.

The court pencil-whips them by the dozen anyway, and by turning up you will achieve nothing. It will be granted even if the magistrate doesnt want to and disagrees with the CSA decision to you having a Liability Order. The mag has no choice and is actually a puppet on a string.

Focus your energy on having the CSA correct the assessment and disrergard the Liability Order hearing, there is no hearing at all, because the whole sheet of applications are rubber-stamped in one sitting in a back office at the magistrates court.

Its all VERY daunting though wasteland, I never been to court before and not turning up when asked sounds a bit wrong?

manorpaul

Wasteland_Drifter wrote: »

You dont need to show the CSA letter in the forum, because its a standard document sent to all parents whom the CSA wants to apply a Liability order.

The court pencil-whips them by the dozen anyway, and by turning up you will achieve nothing. It will be granted even if the magistrate doesnt want to and disagrees with the CSA decision to you having a Liability Order. The mag has no choice and is actually a puppet on a string.

Focus your energy on having the CSA correct the assessment and disrergard the Liability Order hearing, there is no hearing at all, because the whole sheet of applications are rubber-stamped in one sitting in a back office at the magistrates court.

wasteland, I have asked the same question to the owner of 'deadbeat dads' web site who you may of heard of? They can actually come in to court with you to help you and have had many cases over turned and his answer was " if you don't appear then they will prove the case in your absence,in other words grant whatever it is they want to grant against you,
regards"
DBDA
Hmmmmmm F*#KING scary mate!!!