CSA taking hubby to court on Monday - help

blimey40

Expecting a court date soon, but having the Data Files was the best thing I could have done.


The figure they are pursuing is way above any figure in the files.

If they cannot get any money from him and he earns nothing or very little, than nothing they can take.

Was he assessed in the first place?

Prison/Taking of driving licence simply a scare tactic used by the CSA, the court magistrates won't pursue this, if you offer something. Don't refuse, even its a minimal amount per week. Its only when payments are not kept up, you'll be in any trouble.

bdt1

If I suddenly get a letter from the CSA saying they have reassessed thier own previous historical assessments - I can't appeal the arrears created? No but you can appeal the 'new' decision to do so, based on x,y,z as your evidence and submit it, as well as inform them that their figures are not correct
If I can prove the CSA did not take into account information I had provided the CSA such as a change of circumstance, and had also paid child support by private arrangements for other children, can I appeal here? You can appeal an assessment if CSA have not acted upon info you provided such as change of circs, you will need proof you informed them. Private payments are more difficult to prove, usually takes a signature from PWC for each payment stating that this money is child support for child xxx.xxxxxx DOB xx/xx/xxxx from Joe Bloggs (NRP)
My argument is that the CSA by making mistakes and then acting retrospectivly, the CSA denied me the opportunity to put most of my child support paid within thier payment rules.

Where are the guidelines on appeals - When I hear how easy it is for court orders, baliffs - its shocking parents are treated like this!!!![/QUOTE] :mad:

Yes but this is commonplace, this is how the CSA act, we know from experience, my hubs has a £34,000 CCJ, a £34,000 LO and a £34,000 charge on our joint home, despite not owing this money to the CSA. After our success at Tribunal CSA now state that after their re-calculations we owe £2,100, £2,400 or £2,700 depending on which letter you read, we in fact calculate we have overpaid this figure, so account audits etc in progress as we speak.

As for the guideline on appeals...............All you need do is appeal any decision or assessment in writing to the Appeals Dept, state your reasons and send any evidence you may have, of course send recorded delivery etc etc. If CSA Appeals Dept decline to allow you an appeal regarding the assessment or decision, then it is your right to request that an Independent Tribunal Judge considers your appeal basis, and any evidence you may have, it is then that a Judge will decide if you appeal can progress and not the CSA!!!!

If the Judge allows your appeal to go ahead (as ours did), then your case will be heard in front of an Independent Appeals Tribunal, and you can request the hearing be done on paper in your absence or you can go along - as we did! I believe that CSA will say you have one month from the date of any decision to appeal it, yet, in circs whereby decisions have been backdated to further decisions/assessments then you can appeal 'out of time' again state your reasons and you will have 13 months from any decision - hope that makes it bit clearer!

clearingout

blimey40 wrote: »

Prison/Taking of driving licence simply a scare tactic used by the CSA, the court magistrates won't pursue this, if you offer something. Don't refuse, even its a minimal amount per week. Its only when payments are not kept up, you'll be in any trouble.

My barrister who represented me in my ancillary relief proceedings used to prosecute for the CSA. I can assure you that they do indeed have people put in prison and/or take driving licenses and passports away. It is not without trying other means, however, and is very much a last resort. I suspect that most judges won't go down this route if they can see that the NRP has done his/her best to co-operate and it's the CSA who are being bloody minded ('cos they are, clearly!) but if you're one of those who's head is permanently in the sand and refuses to communicate, prison is indeed an option.....eventually. You've been warned!

gill37

Well hubby went to court and thankfully there was a guy fro
CAB outside who was able to give advice- basically make them an offer. Hubby did just that and now we have to wait and see if CSA agree with this. They had better as he is offering more than 25% of his weekly wages every week. Guy from cab said he has only ever heard of one case where someone went to prison and it was an extreme circumstance.

We now sit and wait to hear if CSA agree with the offer and if not it is then back to court again.

Thank god for the cab guy who was able to explain how the court system works.

Interestingly my hubby was one of five CSA cases this morning. Sheriff told hubby if he was to appear in court again re this he should really have legal rep to speak on his behalf rather than come on his own.

blimey40

clearing out

I was pointing out it is the very last resort.

The CSA give the impression wrongly if you disagree with the CSA findings you can be put in Jail or have your driving licence taken away.

Its only when you don't abide by a court decision this happens. Maiking an offer is all well and good, but if you don't keep to it, thats when you will have big issues

DUTR

gill37 wrote: »

Well hubby went to court and thankfully there was a guy fro
CAB outside who was able to give advice- basically make them an offer. Hubby did just that and now we have to wait and see if CSA agree with this. They had better as he is offering more than 25% of his weekly wages every week. Guy from cab said he has only ever heard of one case where someone went to prison and it was an extreme circumstance.

We now sit and wait to hear if CSA agree with the offer and if not it is then back to court again.

Thank god for the cab guy who was able to explain how the court system works.

Interestingly my hubby was one of five CSA cases this morning. Sheriff told hubby if he was to appear in court again re this he should really have legal rep to speak on his behalf rather than come on his own.

Thanks for the update, yes the csa are not the courts and correctly, it is in no one's interest to send people to prison over CS cases :cool: