Appealing against CSA clerical errors made in 2002 and 2003 – how?

kelloggs36

JasAIR wrote: »

My lawyer in Bahrain raised two points.

Point 1. The CSA made an error in calculating the TTW between two postcodes (which were correctly quoted on their document) saying it was £0.00. That is incorrect because CSA rules provide for 10p a mile for distances travelled that are more then 150 linear miles a week. The CSA asked for evidence of travel which I provided.

There are no appeal documents because it is not a decision. It is an error. it IS a decision - the decision was to pay £0.00 per week ttw costs and would have either been separate if you asked for it separately, or built into the original decision - it may not be a separate decision, but it formed part of the decision in calculating the amount of maintenance you should have paid. The whole amount they came to could have been appealed on the grounds that the ttw calculation was incorrect.

Point 2. The law said I am allowed to pay my own housing costs, and the CSA received a tenancy agreement. Instead the CSA said I am non-dependant. That is not true because I only have two relatives alive in the UK and neither their council tax records place them anywhere near my address of within 90 miles of it.

Again, no appeal documents because it is not a decision. It is an error.Again, it WAS a decision, as above. They didn't allow you any housing costs so the amount payable was higher - so you should have appealed against the amount on the grounds that your housing costs had not been allowed.

If the CSA admits this is not an error or a mistake, then it can only be a deliberate intention to make a false representation about my circumstances. This may open a criminal aspect in this enquiry because the decision maker commits an offence under s.2 of the 2006 Fraud Act, or s.15(a)1 of the 1968 Theft Act and there is immunity from liability for civil servants. you are barking up the wrong tree - both the decisions or calculations invited appeal rights.

Without allowing either of the above to be paid from my salary, a DEO ended my ability to carry on the normal court of my employment because I did not have enough resudial income to pay my travel to work costs.

I am open to suggestion on where we go from here?

A late appeal if you have not already appealled on the grounds stated - if you have already and been refused, you are wasting your time.

Fission

JasAIR wrote: »

Lawyer says I cannot appeal a clerical error....:cool:

You can't appeal ANYTHING that was decided more than thirteen months before your appeal.

kelloggs36

JasAIR wrote: »

All the advice I am being given here is about appealing a decision about depriving myself of income. It has never been my intention to appeal that decision, and it can stand.

The legislation says intentionally deprives himself of income, and my argument is my leaving employment was imposed because I did not have enough money to carry on the normal course of employment. The CSA disagrees as did the tribunals. the CSA did not say for you to leave your job, you chose to do that because of the CSA, that is deprivation I'm afraid, whatever your interpretation of it. You felt as though it was imposed, but you chose to leave the CSA did not tell you to leave.

I never chose to appeal, that was a Durham legal Services approach. I now know it was the wrong approach.

Please can we discontinue discussing this point because it is not the basis of my enquiry.

We have been discussing the same thing in terms of appeals against the decisions made on your case, which included the above but was not solely on that basis.

JasAIR

Marisco wrote: »

If I were you I'd just leave it and move on.

You are probably right, but that could lay me wide open to accusations of failure to give the CSA reasonable opportunity to redeem themsevles.

I agree with you. If the CSA is unable or unwilling to redeem, then it closes the case and they end up with nothing. It also thwarts any threats they make afterwards. At best, another bailiff is arrested or a police officer is caught perverting the course of Justice by saying crime is a civil matter. That opens the doorway for us to monetise the CSA via the UK media.

JasAIR

Fission wrote: »

You can't appeal ANYTHING that was decided more than thirteen months before your appeal.

I have been toold there is not limits for having the CSA put right a clerical error.

Can you point me to the legislation that sets a time limit for errors to be corerected?

bdt1

JasAIR wrote: »

All the advice I am being given here is about appealing a decision about depriving myself of income. It has never been my intention to appeal that decision, and it can stand.

The legislation says intentionally deprives himself of income, and my argument is my leaving employment was imposed because I did not have enough money to carry on the normal course of employment. The CSA disagrees as did the tribunals.

I never chose to appeal, that was a Durham legal Services approach. I now know it was the wrong approach.

Please can we discontinue discussing this point because it is not the basis of my enquiry.

What I am talking about is NOT appeal the decision regarding depravation of income!!

But, appeal the decision regarding not permitting travel costs, as well as your housing circs???

Out of time or not, if it is incorrect there is NO TIME LIMIT, despite what others have said - Kelloggs and others, as well as ourselves will tell you the same, we been there got t-shirt, youcan appeal over 13 months if it is fraudulent or incorrect, a time limit does not stand then!!

JasAIR

kelloggs36 wrote: »

A late appeal if you have not already appealled on the grounds stated - if you have already and been refused, you are wasting your time.

I dont know why you think an error is a decision.

There are no appeal forms or decision makers decision statements on the DP file in regard to TTW and no-dependents, its a letter (incorrectly addressed - contrary to Section 7 of the Interpretation Act - another day for that).

Those documents you speak of are clearly visible in the DP file relating to the deprivation of income documents, and yes, lots of paperwork about appeals and tribunals too. I dont want or need to appeal the deprivation of income decision. That can stand.

Fission

JasAIR wrote: »

My lawyer in Bahrain raised two points.

Point 1. The CSA made an error in calculating the TTW between two postcodes (which were correctly quoted on their document) saying it was £0.00. That is incorrect because CSA rules provide for 10p a mile for distances travelled that are more then 150 linear miles a week. The CSA asked for evidence of travel which I provided.

Only relevant if the two ends of the journey are more than 15 miles apart in a straight line. In fact, they have to be more than seventeen miles apart to make a real difference.

There are no appeal documents because it is not a decision. It is an error.

You cant appeal an error. Only a decision. If it isn't a decision or part of a decision, there's nothing to appeal.

Point 2. The law said I am allowed to pay my own housing costs, and the CSA received a tenancy agreement. Instead the CSA said I am non-dependant. That is not true because I only have two relatives alive in the UK and neither their council tax records place them anywhere near my address of within 90 miles of it.

Again, no appeal documents because it is not a decision. It is an error.

The relevant factor is not whether you were in the same accommodation as one of your relations. It's whether you were in the same accommodation as someone else who was the householder when you were not the householder.

If the CSA admits this is not an error or a mistake, then it can only be a deliberate intention to make a false representation about my circumstances. This may open a criminal aspect in this enquiry because the decision maker commits an offence under s.2 of the 2006 Fraud Act, or s.15(a)1 of the 1968 Theft Act and there is immunity from liability for civil servants.

Without allowing either of the above to be paid from my salary, a DEO ended my ability to carry on the normal court of my employment because I did not have enough resudial income to pay my travel to work costs.

Your income must have been very low if the removal of a maximum of thirty percent of it stopped you travelling to work.

I am open to suggestion on where we go from here?

Post the numbers so that people can advise from an informed position?

JasAIR

bdt1 wrote: »

Out of time or not, if it is incorrect there is NO TIME LIMIT, despite what others have said - Kelloggs and others, as well as ourselves will tell you the same, we been there got t-shirt, youcan appeal over 13 months if it is fraudulent or incorrect, a time limit does not stand then!!

This I understood time limits applied to decisions. Can you point me to the regulations setting limits for correcting an administrative error?

bdt1

You're really not helping yourself - sorry, but we been there, and others are experts (Kelloggs - unlike DLS), our advice is there to take or leave, we all been through same(ish) kind of thing.

Sorry but why ask for advice if you don't want to listen to it