Mandatory consideration appeal

Ettenna

I am just about to start an appeal against a mandatory reconsideration. Basically he is self employed, pays a basic wage to himself, hadn't done accounts for 4 years and therefore couldn't submit them to CSA. I told CSA several times that he was self employed, took dividends and had a mortgage of £1200/month, etc. He finally submitted accounts to both court for our consent order and to the CSA. The CSA called me and said they had his accounts. I asked for dividends to be taken into account and they told me that forms would be sent out. I later found out that no forms are sent out now. In court I was told that he had called the CSA and his arrears were £9500 and rising.

Fast forward a few months and I have now been told that his dividends are only taken into account from the date that I wanted them taken into account. Prior to this I couldn't ask that because they had no accounts from him! I have his bank statements showing money going from his company account to his personal account but apparently this isn't good enough because it doesn't show it being specifically dividends. They also said that I couldn't send anything to them like bank statements, copies of accounts because it had to come from him.

The upshot is that his assessment went from £6.50/week to £15/week to £63/week and arrears are now calculated as being approx £2000.

If that made any sense at all, is there anyone who has been through a reconsideration appeal.

CSAworkerx

MR decision will be final, they have no bias in the case and its a fresh caseworker looking at all the decisions, if they deem no foul decisions were made, you'll get a refusal to revise and i dont think this can be appealed, from what i gather, you are appealing the fact dividends were not backdated?

Bank statements dont prove anything unless the transaction is "my dividends" as the nrp could say the payments were from anywhere.

Ettenna

I am disputing mostly because I told the CSA that he got dividends from the start but was told I could do NOTHING until HE supplied his accounts to them. When they were doing a search for his bank accounts I couldn't tell them the numbers despite me knowing them. I couldn't send copies of his bank accounts that were supplied as part of our financial settlement. These show money going from his company account to his personal accounts. How many company directors do you know would write "dividends" on a transfer, especially when the amount is greater than he has declared as dividends this year.

And when I phoned CSA after I received his accounts I was told that they hadn't received them so I could still do nothing!

They say that the system is biased in favour of the mother - I don't think so!

Crellow4

You can now appeal direct to HM Tribunal. They will reconsider from what date the a Variation should apply. You need to write direct to HMCT and say you wish to appeal.

HoneyNutLoop

Crellow4 wrote: »

You can now appeal direct to HM Tribunal. They will reconsider from what date the a Variation should apply. You need to write direct to HMCT and say you wish to appeal.

+1

Link to the gov.uk website: https://www.gov.uk/child-maintenance/appeal-a-decision

Further infor re: appealing: https://www.gov.uk/social-security-child-support-tribunal/overview
You need to follow the "on or after 28th October 2013" links.

You can only appeal to the tribunal after you’ve received your mandatory reconsideration notice and you need to enclose a copy of your mandatory consideration notice with your appeal form.

Link to appeal form: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4393

Please take particular note of the one month time limit from receipt of the mandatory reconsideration notice.

CSAworkerx

Ettenna wrote: »

I am disputing mostly because I told the CSA that he got dividends from the start but was told I could do NOTHING until HE supplied his accounts to them. When they were doing a search for his bank accounts I couldn't tell them the numbers despite me knowing them. I couldn't send copies of his bank accounts that were supplied as part of our financial settlement. These show money going from his company account to his personal accounts. How many company directors do you know would write "dividends" on a transfer, especially when the amount is greater than he has declared as dividends this year.

And when I phoned CSA after I received his accounts I was told that they hadn't received them so I could still do nothing!

They say that the system is biased in favour of the mother - I don't think so!

i get what your saying, however the fact remains we cannot ask you for financial information of that kind for another person, Showing money going from a company account to a personal account could be explained in various ways and means, We have to work on fact, so when the nrp sends the info, its undisputed fact.