Husband sent to prison for CSA, advice please.

skibadee

Light_Speed_Cruiser wrote: »

What happened at the first LO hearing?

It was thrown out before we actually got into the Court, the Clerk said the CSA's figures were disputeable and adviced us get data files, which we did, hundreds of pages. However a second LO was applied for ( even though we were making additional payments to cover arrears )....this time the Clerk was unable to do anything, and once in the Court my OH was not able to put his case forward as CSA rep., intervened, the Magistrates actually wanted to adjourn until the CSA sent a original copy of a letter, which they'd alledged to of sent which we'd requested a original copy of.....but the CSA rep., it appeared had more power than the Magistrates....the LO wa granted on condition the copy was sent to us in 14days....nearly 2 years later we've never had the copy.........but the arrears are now cleared.

jamespir

this is ridiculous sending somone to prison because they cant afford to pay something regardless of who its for

i myself was committed to prison as they felt i could not pay a fine

hope your husband manages to get through it op

pd001

skibadee wrote: »

It was thrown out before we actually got into the Court, the Clerk said the CSA's figures were disputeable and adviced us get data files, which we did, hundreds of pages. However a second LO was applied for ( even though we were making additional payments to cover arrears )....this time the Clerk was unable to do anything, and once in the Court my OH was not able to put his case forward as CSA rep., intervened,

Nooooo, your OH wasnt allowed to put his case?? The magistrates did not allow him to do that?
Is that right?

the Magistrates actually wanted to adjourn until the CSA sent a original copy of a letter, which they'd alledged to of sent which we'd requested a original copy of.....but the CSA rep., it appeared had more power than the Magistrates....

Again noooooo
The CSA rep DOES NOT have more power than the magistrates. Admittedly the magistrates have to follow the advice of the clerk of the court but even the clerk must allow both sides to put thier case.

the LO wa granted on condition the copy was sent to us in 14days....nearly 2 years later we've never had the copy.........but the arrears are now cleared.

Something wrong with this whole thing

skibadee

pd001 wrote: »

skibadee wrote: »

It was thrown out before we actually got into the Court, the Clerk said the CSA's figures were disputeable and adviced us get data files, which we did, hundreds of pages. However a second LO was applied for ( even though we were making additional payments to cover arrears )....this time the Clerk was unable to do anything, and once in the Court my OH was not able to put his case forward as CSA rep., intervened,

Nooooo, your OH wasnt allowed to put his case?? The magistrates did not allow him to do that?
Is that right?

the Magistrates actually wanted to adjourn until the CSA sent a original copy of a letter, which they'd alledged to of sent which we'd requested a original copy of.....but the CSA rep., it appeared had more power than the Magistrates....

Again noooooo
The CSA rep DOES NOT have more power than the magistrates. Admittedly the magistrates have to follow the advice of the clerk of the court but even the clerk must allow both sides to put thier case.

the LO wa granted on condition the copy was sent to us in 14days....nearly 2 years later we've never had the copy.........but the arrears are now cleared.

Something wrong with this whole thing

I totally agree!!
But that was the way it was......the CSA rep., pushed for the form to be signed and it was. When my OH tried to put his case the CSA rep., interrupted all the time.
It was very frustrating and stressful....not being able to get them to listen to your side.

As for the copy of the letter.....pah!! gave up all hope of getting that....theres only so much stress you can take, been through data files numerous times and cannot find any trace. Lifes too short to keep on banging your head against a brick wall!!.....hence arrears have probably been paid in excess of what was actually owed.

Roy_G_Biv

skibadee wrote: »

It was thrown out before we actually got into the Court, the Clerk said the CSA's figures were disputeable and adviced us get data files,

You are saying the the magistrate challenged the assessessment which the liability arises?

It doesnt sit right with the legislation: See sub-secion (4) http://www.legislation.gov.uk/ukpga/1991/48/section/33/enacted

That right, a LO hearing is a legalised Kangaroo Court proceeding. http://en.wikipedia.org/wiki/Kangaroo_court and an NRP is not entitled to a defence. Contrary to: http://en.wikipedia.org/wiki/Article_6_of_the_European_Convention_on_Human_Rights

skibadee

Don't know all the in's and outs' of legal system.... LO was granted the second time...( we were already paying arrears off ).....magistrates requested CSA send requested copy of letter...we've never recieved it.
Arrears are now paid off.......wether the amount that was paid back was more than it really should of been we'll never know, ufortunately we were/are not in a financial position to employ solicitors etc.,

poor_country_girl

Hiya - sorry for your troubles!

A few tips, first your hubby will have to set you up as a representative before the CSA can speak to you, they can send a form for this to the prison with a return envelope.
Once this is done ask for a FULL account breakdown. This will detail every single payment from him, and every single change of circumstances he or his ex has recorded that has resulted in a change to the assessment with dates and amounts. They have to do this if you ask.
All changes are done from the date notified, if he hasn't told them his income has changed, there is nothing they can do. (this is why it is esential to keep a record of all phone calls and correspondence, every call is recorded manually on the system, but this sometimes fails!)
They will probably be asking for the full amount because they check your credit - if you have any credit cards or property/mortgage etc that has any credit left on it then you are expected to maintenance before anything else.
The turn around for changes of circs are SLOW - keep phoning and pestering - if you get no joy, go to your local MP - there is a section that deals with MP complaints and these are prioritised to be completed first.

Hope things improve!

CSA_Help

2 concurrent 42 day sentences for £4600 of arrears. My heart goes out to you and your hubby. If the CSA added up the arrears before going court then it should have been 1 arrears balance and 1 commital of 42 days.
What was the judge on and what is your husbands layer saying about this?

A bleeding disgrace.:mad:

pd001

CSA_Help wrote: »

2 concurrent 42 day sentences for £4600 of arrears. My heart goes out to you and your hubby. If the CSA added up the arrears before going court then it should have been 1 arrears balance and 1 commital of 42 days.
What was the judge on and what is your husbands layer saying about this?

A bleeding disgrace.:mad:

Like a few of us have been saying regarding this whole case, something is not quite right here!

gracejoanbrown

hi matey me and my husband are in the same boat the csa have forced sale of are home and put me and 2 children on the street..but listen to me very carfully.. you are dealing with one of the most currupt government bodys that ever past parliment they are bent and so are the courts that dance to there tune every time dont beleive in justice ...we are taking the csa to cout for purgery and fraud and damages .this is wot happens to people that dont know the law.. he should have not been in a magistrates cout it is A CIVIL MATTER and a civil court cant put u in prison .. the liability order they gave him will have been in a magistrates court this is illeagle as a small claims court cant deal with any thing over £5000. so this was done out of there jurisdiction. did they offer a duty solisitor or did u have your own .the reason for this is it takes 3 signatures to send u prison ,,,judge ,,,prosicution ... and your solicitor ,,,, all ways refuse a duty solisitor this way they dont get the 3rd signature please go to this web site deadbeatdadsassociation,,,,,,,, you will get all the help u need there....