CSA acting illegally
February 4, 2012
I am extremely aggrieved by the action that the CSA have taken against me.
I have been making payments to my ex-wife (that were calculated by the CSA) for my children for the last 4 and a half years. For some reason, unknown to me, she recently approached the CSA and asked that they now collect payments and to re-assess the payment amount.
The CSA phoned me in December and insisted that I give them my bank details. Of course, I refused. I asked them to first send me the information in writing. I received two letters in January: one letter was a demand for payment, the other letter informed me that they would now be collecting the payments. They told me to provide the information, and the payment, or they would be seeking court action.
I replied to them asking for the legislation that they were acting under, a Subject Access Request, the logic that was used to calculate the arrears and verification of who they were. I told them I would like this information before I give my bank details – If any other organisation requested my bank details and a issued a payment demand, that organisation could not have acted in the same manner as the CSA. It is my assertion that the CSA acted outside the scope of the Child Support Act and, therefore, acted illegally.
The information I asked them for was merely a verification, prior to sending my personal information to them.
1 week after sending this verification request, I received a letter from them informing me that a Deduction of Earnings Order had been issued. They had completely ignored my request for verification. Immediately, I called them to ask why the DEO was issued and they said, they are usually sent out to parents who are “non-compliant”. They are not able to demonstrate that my request was non-compliance.
I believe their actions were illegal for various reasons. They have breached the Protection from Harrassment Act 1997, Human Rights Act 1998, the Child Support Act 1991, European Convention on Human Rights and the Universal Declaration of Human Rights.
I do not believe the CSA should be allowed to continue this dictatorial behaviour with impunity. I aim to take this as far as I can to get an apology and to reduce the risk of another individual suffering the same alarm and distress that I am suffering.
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Quote Theo; They told me to provide the information, and the payment, or they would be seeking court action.
I replied to them asking for the legislation that they were acting under, a Subject Access Request, the logic that was used to calculate the arrears and verification of who they were.
When you replied to them asking for the Legislation etc, did you also send the payment they were requesting?
What is the effective date for the agency to commence with collection of payments?
Does this date overlap the period when you were paying your ex direct?
chall ~ afairercsaforall