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

JasAIR

bdt1 wrote: »

one we are pursuing currently! We have 3k charge on our home for money we never owed CSA!

Im not alone then.

Its not the financials that bothers me, money has never been a problem for us outside the CSA. Its being cheated that gets up my nose. I despise dishonesty.

bdt1

Exactly the CSA must abide by ICE, and it is ICE who frequently inform CSA of compensation payments that they must make to their - 'customers'.

If no joy from ICE then most of us can then proceed to Parliamentary Ombudsman, but with your circumstances regarding residency, I could not advise as to whether you would be permitted this, as I understand that you need an MP, so maybe not, but the rest of the action, you can definitely take

kelloggs36

When the CSA do a calculation and send you notification of the results, this is a decision and it may contain errors - hence you then appeal. Each calculation which has changed the amount you pay will be a decision and therefore will have appeal rights - each decision you are sent gives details of 'if you think the decisions is wrong' and how you appeal. In fact, much of the letter is telling you how to appeal, it will be the last few pages. When they did a calculation, there will have been a bit which stated how much the ttw costs were and it would have stated £0.00. This is part of the decision and you could have appealed the amount you should have paid on the basis that the calculation was wrong because of a) ttw costs and b) housing costs. Whether they are clerical errors is irrelevant - they were part of the decisions and therefore you could have appealed!

bdt1

kelloggs36 wrote: »

When the CSA do a calculation and send you notification of the results, this is a decision and it may contain errors - hence you then appeal. Each calculation which has changed the amount you pay will be a decision and therefore will have appeal rights - each decision you are sent gives details of 'if you think the decisions is wrong' and how you appeal. In fact, much of the letter is telling you how to appeal, it will be the last few pages. When they did a calculation, there will have been a bit which stated how much the ttw costs were and it would have stated £0.00. This is part of the decision and you could have appealed the amount you should have paid on the basis that the calculation was wrong because of a) ttw costs and b) housing costs. Whether they are clerical errors is irrelevant - they were part of the decisions and therefore you could have appealed!

And DLS didn't pick up on this!

kelloggs36

I would have done it for half the price! Unless there is more than we are getting???

JasAIR

bdt1 wrote: »

Sorry I meant the charge on our home was 34k not 3k!

Good heavens! you were stiched up proper, and I thougght I had it bad? OK, I was arrested & all that, but throwing money at lawyers made the problem go away.

bdt1 wrote: »

they failed to inform you that you could appeal, I would do it now, and make yourself a real thorn in their sides, as they have not followed their own procedures - hence why you have a strong appeal case!!

I dont really want to go to the UK to do this. I will take my chances with DLS now we know what we are actually appealing against. I think you could be on the right track and it fits with kellosg36 input.

bdt1 wrote: »

My hubs and I made it our career (as well as working) for over 2 years to correct CSA mistakes in our case, in order to protect our home (34k charge) and the 4 children in it - we succceeded, but it's a long, tiring task, and the CSA are truly unbelieveable at how inefficient and incapable they are of doing their job correctly!

Im not sure I would go that far, but I'd give you a pat on the back for your efforts.

bdt1 wrote: »

Please appeal now, you have a strong case, yes they will knock you back, but the Tribunal Judges will pick through everything in detail, and the fact that you weren't informed you could appeal, is surely reason for an Judge to now give you a fair crack of the whip - so to speak

My concern is the CSA might try and create a diversion and keep going on about this deprivation of income stuff. Its never been my intention to appeal that decision. If the CSA correct their errors and complies with the rules then the liability raised by the deprivation decision becomes a nullity.

bdt1

My point exactly - maybe there's a business partnership in there for us Kelloggs!!

I'm only a District Nurse with a CSA 'anorak' hobby for the last few years, but I've made it my 'hobby' every waking moment to get to the bottom of CSA law,protect my home and learn CSA tactics etc etc for several years, and seem to know more than a team of people who call themselves CSA experts 'legal at that' and charge per phone call appointment!!

JasAIR

bdt1 wrote: »

If no joy from ICE then most of us can then proceed to Parliamentary Ombudsman, but with your circumstances regarding residency, I could not advise as to whether you would be permitted this,

I wouldnt be permitted as I dont have an MP, but there is the British Consular service here in Abu Dhabi.

I have not explored this line of enquiry yet. I wanted to debate it with like-minded people to strenghen my case, and get a getter understand of what exactly I am dealing with here.

kelloggs36

JasAIR wrote: »

Good heavens! you were stiched up proper, and I thougght I had it bad? OK, I was arrested & all that, but throwing money at lawyers made the problem go away.



I dont really want to go to the UK to do this. I will take my chances with DLS now we know what we are actually appealing against. I think you could be on the right track and it fits with kellosg36 input.



Im not sure I would go that far, but I'd give you a pat on the back for your efforts.



My concern is the CSA might try and create a diversion and keep going on about this deprivation of income stuff. Its never been my intention to appeal that decision. If the CSA correct their errors and complies with the rules then the liability raised by the deprivation decision becomes a nullity.

You state the reasons for the appeal and that is what they will look at - nothing else. So, you send in a letter stating 'I wish to appeal against the decision dated XXX which states that I should pay £Y per week on the grounds that the travel to work figure is incorrect. It is incorrect because as the crow flies, from (insert postcode of place of living) to (insert postcode of place of work) it is ZZ miles - which is more than 150 miles. The actual mileage is AAAAA.

My second grounds of appeal are that you have failed to allow my housing costs. I lived in the property alone and the property itself was not owned by any member of my family, nor did any member of the family live in the property. I have already sent a copy of my tenancy agreement which clearly states how much my rent was and this should have been allowed as exempt income. I enclose a copy of the Land Registry document which clearly shows the owner of the property as the landlord.

You then state why the appeal is so late.

JasAIR

kelloggs36 wrote: »

there will have been a bit which stated how much the ttw costs were and it would have stated £0.00.

You know your stuff! Thats exactly what I saw. A simple document as you describe.

However this was never sent to me by post and was only discovered in the DP file much later.

I think it could have been made after the DEO was applied. Therefore is could have been sent to me after I vacated the address when I moved to Zurich.