Charging order dismissed, why is the CSA trying it on?

allbran

We left the UK for Australia in 2004 to start a new life and I defended a REMO application in NSW on the grounds the UK CSA calculations are in error and they used wrong information about me to create a liability and the case closed but the UK CSA never seemed to accept the NSW courts decision. The CSA got a liability order in absentia and rather out of the blue I got a letter from HMLR saying is a failed application for an interim charging order because I am not the owner of the registered land only holding the land as trustee.

Have any other forum members had similar problems over land held on trust and what did the CSA try to achieve?

kevin137

Never come across that, but if you are a trustee then it is not your land, however, you may want to explore the what address they used to obtain a Liability Order against you in the 1st place, as for it to be legal you must be served in the UK, and if it was done after and they had written to you or tried to contact you in another country by other means then the LO has no legal standing...!

The down side is that it can only be challenged in the UK, meaning you would have to fly over to challenge it...

I have an LO and live in Norway, and it was applied for while i lived in Norway using a UK address so i am looking at all avenues to get rid of it, but it is easier for me to do from here... Never got as far as charging order etc for me though... Yet...

allbran

We're over in the UK at the moment and the CSA may've used an old address, we emigrated due to being hooranged by the CSA so I don’t really want to spend more energy sorting out the CSA. If they wanted to do it right they could have. it seemd strange the CSA trying to undermine the function of a trust.

Has the law changed? I didn't think a LO itself could be challenged but I understood the liability itself can, which we did at the REMO hearing but that only revoked the liability in NSW meaning the debt cannot be revived in Australia.

kevin137

The application must be correct, and if they had your NEW address and you can prove it, then it would be nullified as an application as i understand it, not got that far yet, but i have court paperwork from a different court notifying them of my new address and then 6 months later they made an application using the ld address, and as a legal document must be correctly filled in, then i would assume that it is not a legal document, and this is how i will challenge the actual LO...

allbran

The CSA know our Sydney address but they use a "last known" UK address instead. Quashing a LO on administrative error only means the CSA will get another using another last-known address, lather rinse repeat.

kevin137

If you can quash an order in a UK court as incorrectly addressed as wrong information, it would be noted by the court the current address you use, so any future order with anything other than the address you give this court would be futile...

Which brings me to the LO itself, can only be issued against someone or applied for against someone who is RESIDENT in the UK....!!! So not worth the paper it is written on.

There reasoning for doing it, is that they suppose at some point you will return, and if you don't pay of the LO they can apply for revocation of Passport driving license and or prison, so you return they have you by the short and curlies...

It is a pain, but you could always argue they are restricting your right to live in the country of your choosing, and they breach your human rights, but it is better to argue before they get that far and get it removed, once removed they cannot get another as you are not resident...