Declared not parent - no monies returned, the fight continues...

kari150

Deff a good idea not to hold one's breath as clearly I would be either very blue or dead!

Apparently the local MP's office have now written and referred the case to 'The Minister' which is of course Iain Duncan Smith - so I wonder if he will recognise the 'double up' and act on it?
It all remains to be seen.......

kari150

This continues to get worse!! Last night my OH rec'd a call from our friends at the CSA (aprox 7:30pm) to be set straight on the rules/laws that govern as to why his money is not due back to him... apparently this was off the back of the email I sent Iain Duncan Smith's office AND the one that the Local MP's office had sent to IDS. Firstly - they somehow managed to work out from only leaving MY name on the email, who the case related to (my OH) at the CSA and secondly the whole exercise would seem to have been as much use as peeing into the wind, as all IDS's office did is boomerang the emails straight back to the CSA who the complaints were about!! How is there ever going to be any justice if the entire system is one big corrupt wheel?
HOWEVER - the part of the phonecall that really stuck in both our throats was when the kind lady so much as inferred that if this were all happening in 2008 - he would have been refunded without question!
We will NOT give up this fight and supposidly there is a FREE tribunal process that we may be able to persue that could award us the 'old rules' of 2008 and allow the monies to be returned - hmmmm we'll see...........

RedSky

Make sure you apply to the CSA Data Protection Dept to get the recording of last night's phone call then refer to it raising the unsatisfactory issues with your MP. It will be a fight but all you can do is comply with the formality of the various complaints and tribunal procedures while making as much noise as possible.

Am surprised they followed up with a phone call rather than a reply by letter via IDS or your MP, unless someone wanted to avoid IDS and your MP hearing the details of their informal phone call.

kevin137

I think your only action left is probably through the courts, i mean we all know how long appeals take, and then there is an upper tribunal and then ice etc etc... You are looking at years not months...!

I would consider issuing in a county court for return of the money, if nothing else it will attract a lot of attention for the wrong reasons for the CSA, try to get local national papers involved about how big a scandal it is that you can be so easily wrongly accused and made to pay... with no right to having the money returned...!

On the plus side, the court order makes it very very clear that she cannot use the CSA to come after you again. Where the PWC could of kept opening and closing cases indefinitely before...!!!

I would definitely consider filing against them both with the CSA as the primary and let them argue it out in a county court...! I would even consider calling IDS as a witness... I mean, if he is responsible then it would make for an interesting day in court.

On the flip side ,as i understand it, they could claim costs against you if you lose, but to lose they would have to prove that you owed the money, and as you have been deemed by another court NOT to be the parent, then this court would have to say the other court is wrong and they do not have the power to do that... I really do think this is a win win for you if you do it this way...

kari150

@Redsky - no question - that was done at the time of the call - we're pro's at this now.
@Kevin137
I think this may well be our next step and we are seriously considering media involvment - but of course without taking our eyes off our main goal - we also would not want a defenceless child to be put through hell.. regardless of who his parent(s) are.
I will of course keep things posted on our progress (if any)

Thanks again for your comments and suggestions. :0)

shoe*diva79

I would report the mother for obtaining money by deception and issuing acourt order against her for the return of all funds.

kevin137

shoe*diva79 wrote: »

I would report the mother for obtaining money by deception and issuing acourt order against her for the return of all funds.

There is a problem with that though, you would have to prove that there was a deception, and the only way to do that would be to have a DNA test which is now not needed, she named who she believed to be the father, rightly or wrongly, and then refused the DNA test. It is the CSA who used there legislation to obtain the money, and then who need to be named and shamed for recovering it. If they are forced to pay it back then she will be forced to pay it back as well. It passes down the chain...

By naming them both in legal action, the court would have to decide who pay it back and it is most likely as it would be the CSA but as she is the recipient they could order her to pay it back to the CSA at the same time as well... The difference with the legal system with criminal, is there can be NO DOUBT in civil it is probability and as the probability was questioned right from the start it is easy to prove the money was not owed to the CSA and as such should be recoverable...

kari150

Kevin you make such sense - I hope and pray that is the case - and I'm pretty sure that's what we intend to do next. Thank you again - you seem to be able to show glimmers of light at the end of an otherwise dark tunnel, its appreciated.
P.s Do you mind me asking your profession as you seem so very gen'd up on these matters...?

kevin137

You can always send a PM, i tell you what could be interesting though, if you have a little time, try and find a solicitor that will take on the case. I tried when i wanted to go after the CSA and i never managed to find one despite phoning every one n the local phone book...

They all said you can't take the CSA to court and you will never get an injunction against them, and i succeeded with both...!

Also, it may be worth giving them notice in writing sent recorded delivery, that if they do not return ALL monies paid (list what was paid) within 14 days, that you fully intend to take legal action against them for the recovery of the undue money that they insisted you pay with interest and charges and costs...

It gives them a way out without incurring the expense f court action but also gives them notice you are serious... I would include a filled out application to the court so they can see you are ready to do this...

kari150

I have PM'd you Kevin