Recovering solicitors fees from the CSA

Roy_G_Biv

Dizzydusty wrote: »

Still curious as to how you got all the information you say you have though??

You need a solicitor, you ask him for the bundle when you stop hiring.

Roy_G_Biv

Dizzydusty wrote: »

The information and interview would not be exempt from the DPA as as you say, but it does allow DWP, for example, to legaly release that information to them as they are covered by that section of the act and would not be in breach of it.

I dont think the DPA 1998 has anything to do with this, thats all about registered firms handling personal data according to a set of principles, ther CSA is a government agency and is exempt under Subsection (5)(a). Dont quote me on that,

Dizzydusty wrote: »

To say that information is exempt from the DPA is slightly misleading as joe bloggs off the street could ask for that info, but would not get it -

Not how its done. Only a solicitor can get it, but if you change solicitors, you ask for the bundle and hand it to the new solicitor.

Dizzydusty wrote: »

bearing in mind that not everyone who reads these forums has knowledge of the DPA or under what circumstances information can be withheld or released under the Act.

A person with knowledge of DPA knows section 29(5(a)) exempts the CSA hence, why it has its own rules on handling personal data.

Dizzydusty wrote: »

If I understand what you have said, the caseworker has already been investigated by DWP/CSA and the police have chosen not to proceed with prosecution,

I think its the CPS that decides whether a suspect is prosecuted. The bundle is CPS ready, but its my request for a hiatus to see if I can get a civil remedy, hence, what brings me here.

Dizzydusty wrote: »

then I am at a loss as to how you would be able to press charges on the individual unless you chose to go down the civil action route or had additional evidence that would convince the police to re open the case.

The police job is done, if the CPS prosecute a suspect then the police officer only needs to give evidence at court.

Dizzydusty wrote: »

Did you go to the police with an allegation or was it as a result of the DWP investigation?

Neither, I went to a solicitor.

Dizzydusty wrote: »

Going back to your original post, I think you have every right to request compensation for your legal costs, as clearly the CSA were at fault. I would try raising a civil action against the CSA if all other avenues have failed.

The civil action is only a tribunal, and thats in my favour and the CSA has paid out, I cannot sue the CSA as such so I need an alternative route to reover my costs and I would be happy to leave it there. I a still open to re-hiring the same solicitor to execute the costs recovery. (another big bill )

I cannot 'threaten' anyone with criminal proceedings to get my costs paid, otherwise the CSA caseworker can claim at trial I blackmailed her - an offence under Section 21 of the 1968 Theft Act.

Dizzydusty wrote: »

Still curious as to how you got all the information you say you have though?

Just tell your solicitor you want to change solicitors and ask for the bundle for the work paid.

speedster

Roy_G_Biv wrote: »

I think its more to do with women having a subconsious vindictive nature. They are probably unaware of it, but its a characteristic men dont have.

This is why I quietly got a male investigator on the case. It makes me sound sexist, but its not intended. I knew a man would be more objedctive in investigating an agency dominated by females that are pessimistic towards male NRPs without them actually realising it.

1st point.- disagree. i can be a right vindictive bar steward when crossed and last time i checked, i aint a bird!!

2nd point. totally agree, the female chimps at the csa are blatantly pro PWC, and not sub consciously either. i only ever got any joy or useful info off the 2 blokes i spoke to over the 3 years i had dealings with the chimps.

PM coming your way.

Roy_G_Biv

speedster wrote: »

1st point.- disagree. i can be a right vindictive bar steward when crossed and last time i checked, i aint a bird!!

You are not the norm. That is evident looking at the posts on this board and looking at the amount of thanks exchanged for negative posts.

Somebody has said something about a Judicial Review, what is it, and has anyone done it?

speedster

there is a wierd wimmin syndicate on here, that's for sure. they give advice based purely on the gender of the OP. it it's a male NRP, they generally get flamed. female nrp's will get a far nicer reception!

some are worse than others!

personally, i find DX2 to be one of the more "sit on the fence" and "judge each case on it's merits" kinda woman, as opposed to the "set the dogs on him" attitudes of some of the others on here!

AnxiousMum

Sorry.....it begins to stink after a while, thought you'd notice!

Kimitatsu

Since this has now gone waaaay off topic and is offensive in the derogatory nature of the remarks to at least 50% of the forum I am closing the thread.

I am sure Roy that you alredy know if you want to complain you just need to contact abuse - details are in the buttons below, but you may get a female

Closed :beer: