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CSA Efficiency @ it's best.
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kevin137
Posts: 1,509 Forumite
So as many of you know, i have always had battle with the CSA, from getting an injunction against them to them applying for an LO by using dubious methods...
Well the saga continues, and they continue to make themselves look incompetent and stupid...!!!
Today, i received a notice of pending court action by the CSA to obtain a charging order on a property that was sold nearly 2 years ago... It appears that they had the LO obtained by serving me at the address that i no longer lived at, knowing i lived in a foreign country, the LO was successful, and now they are using that.
So on the 4th November, i will be returning to the UK to attend court, and actually address the issue, i have all my previous correspondence already filed with them using the previous address, i have all the paperwork from the court that issued the injunction and the resulting ruling on the debt they owed me, and i also have a copy of the LO that was obtained using the old address in-between... Oh and i have the copy of paperwork with the sale of the flat...
I wonder what the judge will make of it all, i mean they cannot issue a charge on a property i do not own, but it also shows the contempt the CSA showed to the very same court by using incorrect details and the lengths they will go to to obtain these in the 1st place... In fact i may even manage to get the LO removed at the same time, as they used untruths to obtain it, and it may not be a lawful LO anyway...
Back to the drawing board for the CSA by the looks of it... And as i do not live in the UK, they cannot actually serve me with LO proceedings as they MUST have a UK address to serve me with...
Well the saga continues, and they continue to make themselves look incompetent and stupid...!!!
Today, i received a notice of pending court action by the CSA to obtain a charging order on a property that was sold nearly 2 years ago... It appears that they had the LO obtained by serving me at the address that i no longer lived at, knowing i lived in a foreign country, the LO was successful, and now they are using that.
So on the 4th November, i will be returning to the UK to attend court, and actually address the issue, i have all my previous correspondence already filed with them using the previous address, i have all the paperwork from the court that issued the injunction and the resulting ruling on the debt they owed me, and i also have a copy of the LO that was obtained using the old address in-between... Oh and i have the copy of paperwork with the sale of the flat...
I wonder what the judge will make of it all, i mean they cannot issue a charge on a property i do not own, but it also shows the contempt the CSA showed to the very same court by using incorrect details and the lengths they will go to to obtain these in the 1st place... In fact i may even manage to get the LO removed at the same time, as they used untruths to obtain it, and it may not be a lawful LO anyway...
Back to the drawing board for the CSA by the looks of it... And as i do not live in the UK, they cannot actually serve me with LO proceedings as they MUST have a UK address to serve me with...

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Comments
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so do you even have to go to court if they cant serve you?0
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Well that is the point, because they have an LO they can serve me, anywhere in the world, but the LO was obtained unlawfully by using incorrect details... Which means they should not of obtained it as that MUST be served on a UK address...
I just think they are clutching at straws now, and i am going to attend purely on the basis, that i have a court ruling dated 6 months earlier stating that they have to use my norwegian address in all correspondence, and when they obtained the LO it didn't... So they breached a previous ruling... And with that in mind, if the LO is not lawful, then neither can any charging order, which is stupid anyway as it is on a property i no longer own and can prove...
So i think attending at court and proving there incompetence is essential, as if the judge rules the LO was obtained by using incorrect paperwork, then they can never obtain another anyway...
So it all becomes a irrelevant...0 -
Kevin
Why do you think the LO that is against you in unlawful?0 -
As i've already explained, they MUST notify you... And as they used a previous now not lived at address it was applied for using unlawful methods, they may well of had an address for me previously, and thought "hey why don't we use that address, he can't attend then, and we will get it" or they could of thought, "hey, we can't get an LO as we can't serve him abroad, so we will use his previous address"
I don't know what there thinking was, but i have a court issued decision, on the result of the injunction, that stipulates that they MUST use my address in Norway, so they breached a court order, and that in itself makes it unlawful...0
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