Csa any ideas?

stargazer59

Well guys i got a call yesterday, they hadn't been able to get any more information, they would phone me today.

Got the call this morning and some things have become clear.

It seems he managed to convince them he was not resident in the uk from 2007 and 2010. I know this is wrong. He only left the country in 2009 til 2010.

Anyway he convinced them that he should not have to have paid and that the assessment was wrong.

They decided to close the case as it was unsafe(meaning they think they made an error)

I have to fill out another assessment form which they are sending and start the whole thing over again. Great. I have had a total of 11 payments from him in 13 years and now i have to wait for it to be set up once again.

There were also system errors where the case opened in 1999 was closed in 2004 for no reason. Which they are going to investigate.

Basically they screwed up and i have to re apply and wait however long for it to get sorted again.

It must be great to have the help of your ex girlfriend who is a CSA manager huh?

kevin137

Make a formal complaint...!

You don;t give much info about when the assessments where in place and how the CSA where chasing that money, did they have a DEO or other in those periods...?

For him to of been resident out of the country he would of had to notify them...!

And even then, if he was working in the UK (commuting) he would still be liable for paying tax as a UK employee so the CSA would still have jurisdiction, this is also the case if he was patrolled in the UK while working overseas...!!!

I know this, as i was resident abroad but patrolled in the UK...! That is fact...!!!

I cannot see how they can "CLOSE" a case because it is possibly unsafe, either it IS or it ISN'T...! They have a duty to you and i would shout as loud as i could possibly could (figuratively speaking of course) to as many supervisors or managers as i could get hold of...! Is the case open now...? Or did you have to reopen it...???

Ask for timelines, tell them that you want everything put in writing, and sent immediately as to what has been the process of the situation, and that if they do not do this, you will add another formal complaint, complain about everything, do everything in writing that you do by phone, and send everything recorded delivery. Do not give up...!!!

It may be worth involving your MP to speed things up, they do not like MP's chasing down cases, and if it is complicated and they drag there feet this will help no end...!

stargazer59

kevin137 wrote: »

Make a formal complaint...!

You don;t give much info about when the assessments where in place and how the CSA where chasing that money, did they have a DEO or other in those periods...?

For him to of been resident out of the country he would of had to notify them...!

And even then, if he was working in the UK (commuting) he would still be liable for paying tax as a UK employee so the CSA would still have jurisdiction, this is also the case if he was patrolled in the UK while working overseas...!!!

I know this, as i was resident abroad but patrolled in the UK...! That is fact...!!!

I cannot see how they can "CLOSE" a case because it is possibly unsafe, either it IS or it ISN'T...! They have a duty to you and i would shout as loud as i could possibly could (figuratively speaking of course) to as many supervisors or managers as i could get hold of...! Is the case open now...? Or did you have to reopen it...???

Ask for timelines, tell them that you want everything put in writing, and sent immediately as to what has been the process of the situation, and that if they do not do this, you will add another formal complaint, complain about everything, do everything in writing that you do by phone, and send everything recorded delivery. Do not give up...!!!

It may be worth involving your MP to speed things up, they do not like MP's chasing down cases, and if it is complicated and they drag there feet this will help no end...!

Hi Kevin, thanks for your reply.

I am a little gobsmacked at the moment i must say.

The first assessment was in 1999-2004 they never collected a penny, that was admitted today, also it closed due to a system error in 2004.

I used to get yearly letters stating how much he should pay and when but it never happened. I just used to file them knowing i would not get anything.

from what i can gather around 2006 he began living with a manager of csa and did so for a few years, during that time he started his own business and holidayed in Thailand a few times, he split with girlfriend and decided to buy a "Bar" in Thailand, left the country for 1 year, bar failed and he was back here in 2010.

Seems he showed them passport and visa to prove he was not in uk and they accept it.

The guy i spoke to today is sending me a copy of what we spoke about today, along with a new assessment form to fill out. He said it could take up to 26 weeks to sort it. He recomended making a complaint but said it would be up in the air at the moment.

The unsafe thing is because they did not have jurisdiction apparently.

The only DEO he has had has been the one from last year to last month when the case was closed.

Hope i have answered all your questions, i am a bit confused by it all!:o

kevin137

It is going to be a long slow process unfortunately, which is why it will be good to involve your MP at this stage rather than wait and then involve him/her.

The CSA have NO right to close your case for any reason without your knowledge, so if it was closed in 2004, then there is a case for them to answer for that at the very least.

You will probably need to apply for a SAR (Subject Access Request) under the data protection act, you can search on her how to do that easily enough, you MUST include a cheque or postal order for £10 when you do this, and from the date of receipt they have 40 days to supply you for ALL material held on your name, letters, conversations recordings decisions etc etc must all be supplied, but make sure you request ALL data including recorded phone calls.

This will give you a starting point to work from in unravelling your case, it will also give you ALL the paperwork that they have on you and what decisions have been made.

The chances are it will NOT be in chronological order, so will take hours maybe even days to get straight before you even start going through it, but once you have it, you start.

At that point, copy everything (twice) once as a back up, and once for the MP, then start making notes of where you believe the mistakes are, them closing the case, when he started dating the CSA manager etc etc, when he moved, what proof he supplied as being in a different country etc. ANd give it all to your MP make an appointment to sit down with him and discuss what he can do about there mistakes, and then list in in chronological order in the way of a formal comment against the CSA.

You will most probably get nowhere, not nice i know, but as i said, the MP will speed things up, and once you get nowhere you can then go the route of ICE which is the independent commission that overseas the CSA, that is at least a further 12 months away, but your best hope. You must do the formal complaint 1st.

You may get some movement in hat is due now before all this happens, but the arrears and decisions made in the past are very very important as they could amount to 10's of thousands of £'s owed to you in maintenance...! So do not give up, and if you need any more help always ask...!

A good starting point for an official complaint is that as they have now notified you that the case was "closed" an no money had been collected following an assessment from 1999-2004 is that they cannot close a case with arrears owing. And this would still be owed today regardless of any other mistakes, and that you want these arrears collected as a matter of urgency and that it be sent to the "non compliance" section for it to be dealt with.

stargazer59

kevin137 wrote: »

It is going to be a long slow process unfortunately, which is why it will be good to involve your MP at this stage rather than wait and then involve him/her.

The CSA have NO right to close your case for any reason without your knowledge, so if it was closed in 2004, then there is a case for them to answer for that at the very least.

You will probably need to apply for a SAR (Subject Access Request) under the data protection act, you can search on her how to do that easily enough, you MUST include a cheque or postal order for £10 when you do this, and from the date of receipt they have 40 days to supply you for ALL material held on your name, letters, conversations recordings decisions etc etc must all be supplied, but make sure you request ALL data including recorded phone calls.

This will give you a starting point to work from in unravelling your case, it will also give you ALL the paperwork that they have on you and what decisions have been made.

The chances are it will NOT be in chronological order, so will take hours maybe even days to get straight before you even start going through it, but once you have it, you start.

At that point, copy everything (twice) once as a back up, and once for the MP, then start making notes of where you believe the mistakes are, them closing the case, when he started dating the CSA manager etc etc, when he moved, what proof he supplied as being in a different country etc. ANd give it all to your MP make an appointment to sit down with him and discuss what he can do about there mistakes, and then list in in chronological order in the way of a formal comment against the CSA.

You will most probably get nowhere, not nice i know, but as i said, the MP will speed things up, and once you get nowhere you can then go the route of ICE which is the independent commission that overseas the CSA, that is at least a further 12 months away, but your best hope. You must do the formal complaint 1st.

You may get some movement in hat is due now before all this happens, but the arrears and decisions made in the past are very very important as they could amount to 10's of thousands of £'s owed to you in maintenance...! So do not give up, and if you need any more help always ask...!

A good starting point for an official complaint is that as they have now notified you that the case was "closed" an no money had been collected following an assessment from 1999-2004 is that they cannot close a case with arrears owing. And this would still be owed today regardless of any other mistakes, and that you want these arrears collected as a matter of urgency and that it be sent to the "non compliance" section for it to be dealt with.

Wow, thanks for that very detailed explanation of what to do.

I appreciate all your help, i am sure i will be back asking more questions.

I get the feeling it will be an interesting frustrating journey:rotfl:

stargazer59

Next installment!

Received letter detailing conversation with Complaints Officer and application form for maintenance( have not filled one of those in since 1999!

In the letter it confirms that that my ex has made them aware that he was not resident in the jurisdiction of the CSA at the time of the application.

They state the error occurred due to info supplied by Inland Revenue.

They confirm any monies owed back to him will be paid by the agency.

Now i know he was running a business, airport tranfers, in the Uk during this time, i know 2 of his addresses at the time one where he was living with CSA manager, and one where i know his landlord a the time, when he left Uk he asked landlord to keep his tenency as he would be coming back, he owes him rent for then.

The CSA say he has shown them visas from the time (2007 i presume) that prove he was not resident, but all info i have from people who know him is that he only holidayed in Thailand before going out to buy the bar.

Any ideas how i can find out more? I really want to appeal this but am under time constraints.

kevin137

You could try approaching the landlord and asking him for a statement to that effect, and you could also try doing a search on council tax for the same period, you may have to pay to do this, but if he was renting a property then he should of been paying council tax and as such on the electoral roll...