Recovering solicitors fees from the CSA

Blob

You can go for the CEO in person!

Roy_G_Biv

hmmm, interesting.

Would I start by phoning him up and asking for appointment?

My feeling is a letter to IDS quoting the police crime number from when they investigated the fraud allegation.

Who is the CEO anyway?

Blob

Stephen Garehty think it is spelled correctly but not sure!

DX2

Blob wrote: »

Stephen Garehty think it is spelled correctly but not sure!

Stephen Geraghty.

Roy_G_Biv

Thanks, I'll get on to the case and make a request the CSA pays, or at least makes a contribution to my costs. Lets see what his initial reaction is. We might find out the official reason why they do not pay damages.

bdt1

We have something similar................................so.........................

We were advised that in a case as ours and yours, where CSA errors mean that you are financially out of pocket, then the CSA are obliged to put you in the same position financially as you were prior to their errors.

We too succeeded at Tribunal after they lumbered us with a 34k LO, CCJ and charge that we proved we did not owe. We also engaged a solicitor, but only used him in the early stages as he proved too expensive.

I understand that CSA state they do not reimiburse legal expenses, yet our argument is that these costs were only introduced as a direct result of CSA errors (£34,000 worth of them which were then enforced to the hilt), I would try writing to the financial redress dept, and then complaints if you get nowhere then proceed to ICE.

One of the CSA main errors in our case was also a DP breach (they lost over 100 pages of our bank statements). It just so happened that these were lost on at least 3 occasions when we sent them as evidence after the Criminal Compliance Unit originally gained them. We suspect they were 'lost' as they proved without any doubt that the £34k debt didn't exist..............we strongly suspect fraud activity by either CSA Enfrocement or the Criminal Compliance and when we have involved ICO they agree many breaches in DP Law were made, they then advised us to take them to County Court which is stage we at at moment

Sensemaya

bdt1 wrote: »

they then advised us to take them to County Court which is stage we at at moment

Interesting. I didn't think you could sue a govt agency. It had to be Judical Review.

I did that. Won, but they would give me the fees incurred. This was only a small contribution towards public funding. A lot different to 4.5K.

Tried the "the CSA are obliged to put you in the same position financially as you were prior to their errors."

Just keep on at them Roy and BDT.

Mr Greengenes tried the Police. It didn't succeed.

Roy_G_Biv

Sensemaya wrote: »

.Mr Greengenes tried the Police. It didn't succeed.

I found turning up at the front desk is ineffective because the complaint is dismissed before any evidence is placed in front of a detective, If you are taking the fraud route, the Fraud Act 2006 is perfect for your problem, I suggest you compile all the evidence before you approach the police via their Economic Crimes Unit with a prior appointment with a specific detective.

Having a solicitor support your complaint works well, he had an unusual slant on CSA and crime law. He reminds the police officer that dismissing a crime report under the pretence it is a civil matter (or whatever) can amount to perverting the course of justice. This is strengthened that a criminal record results in the officers loss of his career, rent aid and his police pension and not worth the risk trying to cover up a crime.

With this approach I was successful in having a caseworker questioned under the POCA regulations (DNA & prints on national database etc) and investigators documents obtained. The caseworker was dishonest enough to try blaming the PWC when questioned about the source of the "evidence" she had relied on as fact to create a liability against me. The CSA then conceded and paid out, less my costs.

The criminal route is still open to me, but I would suggest the above method rather than turning up at the front desk and speaking to a duty sergeant.

Sensemaya

Roy

Why did you assume Mr GG went to the local police station?

One always goes to the top.

Where are you up to with the IPCC?

Roy_G_Biv

Going to the top wont achieve much either, its handed down the heirachy until someone decides theres no police resources to launch an investigation or invents another excuse.

A person to person contact is more effective.

There is currently no action with the IPCC because the police investigated the complaint and obtained the necessary documents proving the CSA committed fraud with intent to obtain a money transfer. The Police view it "its not conducive to public good to charge a caseworker under the Fraud Act". This leaves it up to me to decide whether to make the official complaint and have the caseworker charged under the Fraud Act.