CSA Liability Order - HELP!

bdt1

Sorry, also meant to say, when you said you disputed the fact they still had you as working, when you were not - did you ask for an appeal against this decision?

CSA will give you 13 months in most circs to appeal a decision, then you can appeal 'out of time' but must have very good grounds for doing so. Put your appeal in writing stating your reasons and why it is out of time (over 13 months - or over 28 days - their timespans)

CSA will no doubt at this point tell you they decline your appeal, but this is where it gets interesting as, this then gives you FULL appeal rights, where you request an Independent Tribunal Judge look at your appeal, and decide if you can proceed - not the CSA!

If the Judge grants you an appeal hearing, you will be asked for lots of documentary evidence, and the chance to appear on the day and state your case, CSA and PWC can also attend. If you win CSA must rectify or act as instructed by Judge..................................

We won our case, CSA 'rectified' the £34,000 arrears on our case which we never owed in 1st place, but which they refused to look at until a Judge did so. Now we just need them to rectify the CCJ, LO and charge on our house for the aforesaid 34k..........

skibadee

OP...you can request hearing is heard at a Court local to you to enable you to attend, this is what we did......you still don't get the chance to put yr side of things though.....our first hearing was thrown out, second one liabilty order was granted.....we have a payment plan in place with CSA no enforcement action will be taken as long as we do not miss a payment.

Just to say to other poster....CSA arrears CAN NOT be included in IVA or Bankruptcy

Dave100h

Ok thanks for the information, sorry had not been around for a few weeks, I have appealed about the arrears and I am also pushing for a DNA test to see if I am the father. The CSA said it was my job to tell them when I worked and didnt but I had no contact from them and also they took me to court for not giving information. I told the solicitor at the hearing all my details but they are now denying that I told him anything.
I will apply for my Data protection file from them as well, they said they sent 20 letters in the year I am disputing, I have never had that much correspondence from them in total.
I have already informed my IVA company and they are aware, this is based on my new wifes wages for our debts as my income is zero.
Many thanks
Dave

e34

hello everyone,
is this a record?
i have now had 3 l.o.,s and nothings come of it. they just crawl out of the woodwork and send me something stupid every so often.
by the way i do reply to their letters but its very hard to be polite.
they are a fricking joke

Trent1974

Failo1o wrote: »

they have given us a court date - which, unless we book a hotel overnight (which we can not afford) we can not attend, what should we do?

No point turning up at court for a liability order hearing, you cannot defend it.

Section 33(4) of the Child Support Act 1991.

If you turn up then the CSA will deem you have acknowledged the Liability Order. You must not.

Have the CSA correct the assessment first, if they jump straight to enforcement then have the parliamentary ombudsman intervene under Section 2 of the Fraud Act 2006.

Trent1974

e34 wrote: »

hello everyone,
is this a record?
i have now had 3 l.o.,s and nothings come of it. they just crawl out of the woodwork and send me something stupid every so often.
by the way i do reply to their letters but its very hard to be polite.
they are a fricking joke

Do not reply to them. If the assessment is wrong, tell them why its wrong and ask them to put it right.

If the CSA fails to comply then and you still have no money or assets then its the CSA that has the problem. Leave the debt on the CSA's books for perpetuity and get on with enjoying your life.

blimey40

Also get your data protection files just in case.

Last letter back in March 2011 for a case that closed in 2005. One liability order from January 2009.

My daughter will be celebrating her 25th birthday very soon.

Even though the CSA say they were going to take me to court within 14 days of the last letter, they don't have a leg to stand on.

Hence, why I've heard nothing in 4 months. DP files clearly show CSA are making up the figures. CSA put the frighteners on many NRP's, unfortunately many succumb to the pressure

romanempire

peterpumkineater wrote: »

I split with my ex in 2004 and got with my new partner I was working a part time job and paying her maintanance in a cheque at the end of every month then comes the bomb shell she went to csa saying I owed her money a bit later the csa put an attachment of earnings on my wages which I was happy to pay then I changed job and csa got back in touch I told them my new job details and a year later I gave up work to take care of my new baby to my new partner. I phoned the csa and told them that I had gave up work to take care of my new son and was told off the operator that was fine and I told them I would be in touch when I got a new job, thats fine the operator said to me I also asked if it was possible to take money off my partners wages to pay for my son and was told that wasn't possible to do so left it like that a few weeks later I received a letter from csa with what I am supposed to pay in which I had already informed them that I had left work so I called them again and informed them again after that it went quite for a while then out the blue yet another letter comes I thought must be a miss print as they had been informed twice now. I later moved to a new house with my son and partner lived there for a year and never heard anything off them so I thought all was good with it all we later moved again after a further year no news off them which was good then we moved again after 2 years still nothing at all of them which I thought all was good yet again. Then me and my partner separated as things didn't work for us she moved out and left my son with me to bring up about a year later I was going to move in with my new partner his mum said I wasn't to take him away from her so I asked him if he would like to live with his mum, which he said he would so he moved in with her and I moved down with my new partner. I got with my new partner it was there about 3 weeks and bang a bomb shell I got a letter from the csa saying that I owed 6689.40 for the period 12 may 2004 too 22 mar 2011 which I knew was wrong as I hadnt worked as my ex had been the bread winner in our family which they couldn't touch her wages at all I was told by the operator so I phoned them up and was told it was going to the enforcement department so I phoned them up I told them I still wasnt working had been in full time care of my youngest son. I also mentioned the phone calls I had made earlier on in 2004 to them and was told there was no record of the calls on there system so it went to the enforcement department. I later got another letter saying they were going to take me to court for a liability order against me so I phoned them up yet again and told them I don't owe that much and asked them to recalculate it and got told the calculations was right they took me too Dover court which is miles away from where I live and couldn't get to to prove my point they got there liability order over me I now have bailiffs comeing to the house for a debt I don't owe I was told by citizens advice they would need prove I was working before they could apply to the court for a liability order then I phoned them and asked them about it which they said was untrue citizens advice was basically lying they say so I got no further forward with them and still have bailiffs coming to take all my partners stuff from the house which in when I moved down I just brought my clothes how can that be fair she don't owe them any thing the csa is a big joke in its self they need to learn to do there jobs properly and stop blaming the father they need to listen to both sides to storys there are two partys not just the mothers my eldests mums ran off with him with no contact at all to let me know where she had moved to and changed her mobile number I haven't seen him in 8 years where is the justice in that by the way this is the one I am writing about who ran off. I sent my bank statements into the CSA to prove I have not worked since September 2005 which they said they never recieved even tho I have the post office recorded receipt and proof that someone signed for them, I had to send them again and once they did look through them they said they was only going to go back till April 2010. My new parnter and I have made loads of phone calls to them, been to citizens advice, tried to get a solicitor which I was told a solicitor would not be able to deal with the case as it is classed as a debt even tho I do not owe that amount. I asked the csa if they would even take a payment of £20 a month which my partner would have to pay as I am still not working but they refused that. They said the payment had to be cleared in 2 years which is impossible for me to do. Please help, I do not know what else to do. I am at my wits end, have severe depression and can not cope with this any longer. My relationship is breaking down because of the bailiffs due to come to the house and possibly she may lose all her belongings as I am living there. She has 2 sons herself. This is really not fair on them or myself. I would be grateful if you could advise or help in anyway

Christ, haven't you heard of paragraphs? :eek: That solid block of text makes it very hard to read your post. The easier it is to read and understand, the more likely folk will take the time to respond to you. And you should start your own thread, instead of hijacking someone else's!

R.

romanempire

Failo1o wrote: »

...they have given us a court date - which, unless we book a hotel overnight (which we can not afford) we can not attend, ...

You should be able to get the hearing transferred to your local court. Contact the court ASAP.

R.

peterpumkineater

sorry im just new to all this my english has always been terrible sorry