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

kari150

Hi Kevin I'm K's OH as she affectionately calls me on here, thank you for ur input on here, it is appreciated, can I clarify a little on your suggestions ? When u say apply to the county court I am guessing u mean apply to the county court to obtain a debt recovery judgement, which is why you have advised to give them 14 days notice etc,

I guess my other option is to pursue them through the small claims court ?, but I guess this might not hold the same bearing ?

As K' said I was advised that I can use the appeal process through the HMCT service via a tribunal to redetermine the date I rebuked the parentage claim, but unfortunately it will be my word against theirs that I disputed parentage in 2003 but was told that I couldn't at the time, because I was named on the birth cert ( I have since been told this was common practice at the time as the agency was told to recover money from whom ever they liked , even if meant they misinformed people of the rules to achieve this( doesn't it sound familiar I.e. the misselling of PPI) ) funny it also sounds like obtaining financial gain by deception, in my job role this would be determined as fraud

The most sickening thing about this prior to 2008 I would have received all my monies back, funny this date reflects the year we went into financial meltdown, so this stinks of a government debt swerve ( similar to having to pay all of the arrears over a 2 yr period which pretty much crippled me financially)

Anyhow any further advice will be greatly received
And thanks again

kari150

Oh it's K's other half again thanks to all those on here who have shown support and offered advice it's greatly appreciated

shoe*diva79

Do you know if your ex was on benefits when you were paying child support? I ask because if she was, then she wouldn't have received the full CM as it would have gone to the SOS. if she was working then she would have received it. This rule was abolished in April 2010 when PWC could keep all CM regardless of their benefit/working status.

kevin137

As above if your ex was on benefits pre 2008-9 not sure of what date it changed exactly then any arrears would be owed to the Secretary of State, so it would be them you pursue, but the debt was collected on behalf of her so you include her still...

It is probably easier to go small claims route which is very possibly the quickest route as well, and also cheaper, the CSA have about a dozen listed that i found very quickly

http://www.tpuc.org/content/dwp-csa-have-multiple-unsatisfied-ccjs-reg

So that in itself shows that it is possible to win against the CSA in small claims court.

The giving them notice will show them you mean business but also satisfy the court that you gave them a chance before incurring costs, they don't like you just going after them, i had some 15 letters asking repeatedly for a new DEO as the old one was now being unlawfully used, and as such once agreed they could not argue as they said there was no end date yet it was clearly stated. They tried every trick in the book to get the injunction overturned, and even started with threatening to take direct from the bank, at this point i went back to court and they where told it was harrassment and as the money they where chasing from the injunction onwards was subject to an injunction they where told they could in fact not discuss any money with me, or demand any money from me, all they could do was send new schedules with new arrears according to them, and as i had overpaid, the arrears where incorrect anyway as they owed me money to start with, it all got very confusing and still in, and then they applied and got an LO against me after i left the country for an amount that was wrong as the county court accepted and ruled that the amount i claimed was now settled. But they also used a UK address even though the court ruled they now knew of my new address and they even wrote to me at my new address telling me they where going to apply for a LO and then used my old address to make the application, which is Deception so i am going after them for that now...

kari150

Hi all, thought I would update you with where we are with things...

Well, as you know I emailed IDS / DWP expecting to get at very least a standard (fob off) reply - and to this date I have recieved NO reply at all!

However on closer inspection of the situation and with the help of 'fresh eyes' it would appear that perhaps my Human Rights have been breached at one of the highest levels? Since I signed my email with only my FIRST name - someone in the DWP would have had to dig around (without consent) into my personal infromation to link me to my OH and his case at the CSA...
Now let's break this down:
1) They have gathered information on me without my consent
2) How acurate is this information?
3 How acurate is this information to be certain to link me 100% to my OH - the reason I refer the the OH as exactly that is we are NOT married!?
4) Is it not a breach of my Human Rights that they then felt it was acceptable to discuss the annonymous email with my OH - again without my consent!

I have spoken (annoymously) with an advisory of the Information Commissioners Office who could not give me a categorical Yes or No as to whether or not a breach had been made but they advised that Yes it was a deffinite cause to write to them.
I am currently sending a Freedom of Information request to the DWP and a letter of concern to the ICO...
This is a new tack - but who knows if it gets attention might we all of sudden have our case looked at and over-turned??

I will of course keep you posted.

kari150

Oh forgot to ask has anyone out there had any dealings with or joy from the DeadBeatDadsA? They seem to have alot of knowledge of the CSA and the corruption involved in it and they are only interested in helping the NRP and NRPP- their site makes for very very interseting reading....

kevin137

Yes, take advice from people who care about the outcome, not making themselves look good. They have a very bitter and twisted outlook at things that is a little extreme, they may do some good, but there tactics are also very hard to rationalise.

Lets go back to Magna Carta and your rights as a common people...

Lets not eh, it makes no difference

I did wonder where your previous post comes from, you may of given them more information than you know yourself, and information is not so hard to come by when you look in the right place. Primarily, they do not need to know ANY info about the NRPP only the NRP but you will of filled out so many forms can you remember what you out on them all..?

Make an application by all means, but you are fighting the CSA here, which is a Government agency and asking another Government agency to look at how they acted. Even if they did something wrong, do you really feel that it will solve your case....? I doubt it, i am not trying to put you off, you need to do what you need to do. I just think you will end up quoting a load of cr*p to the CSA that is fed to you from someone else who to be fair has not had any real success and if they had would be far bigger than they are. You only have to look at the website to know that it is a jumbled mess of garbage and bitter group of NRP's at least here you may get attitude but realistic advice....

As for corruption, what do they actually know...? How many of there cases have made it anywhere in terms of really sorting anything out...??? Have they had LO's overturned, DEO's disregarded, appeals over ruled etc etc etc...

The only here that matters is YOU and YOU have to do the work yourself through the normal channels available to you, sometimes a little outside the box, but through the correct channels. Imagine you go down the route of taking the CSA to court for your overpayment, and then start using there tactics and become defensive and ask the overseeing magistrate for there commission of oaths or whatever they suggest... Still think you will have a chance of winning...? Or is it better to use common sense, a little bit of humour and even a few tears for a judge to see how wrong they are...?

Does that make sense...???

kari150

Of course Kevin, I merely mentioned it to find out what anyone's opinion if any there were regarding them.
I agree that there is some very 'dark' areas within their site - true. We have not been in contact with the DBDA which is why I was asking.
I do still believe that there is an issue to raise regarding the email and the way in which it was dealt with / blagged off.
So to clarify Kevin you answered yes to my question of having had dealings with the DBDA?
Again thank you for your time

kevin137

It's not that i have had bad dealings with them, i just think they have different motives for some of the advice they give, and NO solicitor in his right mind would ever suggest what they say and they know the law, if it was as simple as they suggest then the CSA would have been brought down many moons ago...

There may well be an issue, and your OH or you can make an application under the DPA for copies of everything they hold on you, worth doing from time to time anyway, and go through that, a freedom of information request is not something i think will help as it is not aimed at being used for personal information so would probably fail at the 1st hurdle. And probably rightly so. But if the info you require is not forthcoming with that, or through a DPA application then it is worth making formal complaints as to how they received the info on you that is NOT included in any file they send out.

PreludeForTimeFeelers

Normally any emails they receive aren't responded to - someone would contact you to check if you have sent them an email, and once it has been confirmed that it was indeed you they would then look into your query.

However, your email was sent via your MP - security is dealt with differently for MP enquiries as an MP is considered your representative in the case. You've contacted your MP with questions/complaints, they've contacted the CSA, who then rang you. I don't really see what the issue is here...