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Appealing against CSA clerical errors made in 2002 and 2003 – how?
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I dont know why you think an error is a decision.
There are no appeal forms or decision makers decision statements on the DP file in regard to TTW and no-dependents, its a letter (incorrectly addressed - contrary to Section 7 of the Interpretation Act - another day for that).
Those documents you speak of are clearly visible in the DP file relating to the deprivation of income documents, and yes, lots of paperwork about appeals and tribunals too. I dont want or need to appeal the deprivation of income decision. That can stand.
If the decision on your maintenance payments should have taken travel cost into account but didn't, thats a decision which is wrong and could have been appealed within a reasonable time. Not ten years or more of course. You'd be measuring the reasonable time in weeks and months not years.0 -
The relevant factor is not whether you were in the same accommodation as one of your relations. It's whether you were in the same accommodation as someone else who was the householder when you were not the householder.
There was no relatives living at the same property. Only two relaives survive in the UK and neither their council tax records place them with 80 miles of the accommodation.
The CSA was asked to disclose their source of information in a telephone call made to me in 2002, but they said it was confidential government data.
This is why I think we could be dealing with a common fraudster.0 -
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If the decision on your maintenance payments should have taken travel cost into account but didn't, thats a decision which is wrong and could have been appealed within a reasonable time. Not ten years or more of course. You'd be measuring the reasonable time in weeks and months not years.
EXACTLY - that is all Kelloggs and I were trying to say!
BUT - even so, if the decision regarding housing/travel costs is incorrect and outside of 13 months appeal time, then put in appeal out of time and send all of the evidence, then an Independent Judge will surely grant a full appeal hearing if the veidence is overwhelmingly in this persons favour!
In my experience the Judge's tend to give people benefit of the doubt, or at least the opportunity to a full hearing whereby the full circumstances can be ascertained, as well as full documentary evidence in support of any said case. Unlike the CSA who are target driven and want their pound of flesh!!
Oh and if you don't get an appeal hearing - which if your evidence is sound then it is highly probable that you will - you can complain to Csa, if no satisfactory outcome (ie it hasn't been corrected and situation rectified) then go to ICE0 -
Sorry but why ask for advice if you don't want to listen to it
Sorry if you are taking this the wrong way, its not intended. its great this is being debated.
We are now debating whether the error is not an error , but a decision - possible where someone intended to dissallow TTW and claim I was non-dependant while evidence to the contrary exists.0 -
The CSA did not provide an opportunity to appeal, and that is confirmed in the DP file.
This is CSA all over - it is up to you, not the CSA!!!
Ultimately, tes the CSA may have made an error by not informing you of your appeal rights in the decision, but surely that just gives you more ammunition to GO FOR a full appeal hearing and have everything corrected.
You can also write to CSA Complaints regarding Clerical Error, and ask for financial redress etc etc, you may get the standard £50 they usually dish out, unless you can prove medical grounds etc etc, but that's a different issue - one we are pursuing currently! We have 3k charge on our home for money we never owed CSA!0 -
(ie it hasn't been corrected and situation rectified) then go to ICE
Interesting, Google foind this? http://www.ind-case-exam.org.uk/ anyone have experience? and their findings & recommendations binding on the CSA?0 -
Sorry I meant the charge on our home was 34k not 3k!
I feel strongly that the 'error' in your case was a decision not to allow TTW and also the housing issue, an assessment/change of assessment will have been generated by this 'decision' thus appeal rights, even if they failed to inform you that you could appeal, I would do it now, and make yourself a real thorn in their sides, as they have not followed their own procedures - hence why you have a strong appeal case!!
My hubs and I made it our career (as well as working) for over 2 years to correct CSA mistakes in our case, in order to protect our home (34k charge) and the 4 children in it - we succceeded, but it's a long, tiring task, and the CSA are truly unbelieveable at how inefficient and incapable they are of doing their job correctly!
Please appeal now, you have a strong case, yes they will knock you back, but the Tribunal Judges will pick through everything in detail, and the fact that you weren't informed you could appeal, is surely reason for an Judge to now give you a fair crack of the whip - so to speak0
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