CSA is trying to obstruct my legal action

November 17, 2012

After 27 months, 1 tribunal case because on the non resident parents say so he only earned £6000.00 (self employed builder) although bank statements showed £25000.00 The CSA has only managed 8 payments! The bailiffs sent him 3 letters and nothing more… surprise surprise he did not respond so the £3000.00 I am owed I’m informed by the CSA they cannot guarantee any payments!!!

Not what all those booklets say that the CSA keep sending. I am now taking legal action myself but the CSA are trying to obstruct this by not giving permission to the court to take jurisdiction.

Comments

8 Responses to “CSA is trying to obstruct my legal action”

  1. karen bedford on November 18th, 2012 8:31 am

    If you close your case with the CSA they shouldnt be able to obstruct you in taking action yourself. Good Luck, please join the facebook groups Child Support Agencies Failings and others too, for advice and support.

  2. chall on November 18th, 2012 9:02 am

    Quote Deena:
    I am now taking legal action myself but the CSA are trying to obstruct this by not giving permission to the court to take jurisdiction.

    It may help, if you confirm what you are attempting taking legal action over?

    chall ~ afairercsaforall

  3. Smithy on November 19th, 2012 2:30 pm

    Even if you close the case can’t he open it again and ask for a reassessment ? My understanding of the CSA is that it’s an extra judicial organisation designed to stop people taking private legal action. Even in a divorce case any award made lasts for one year and then either person can ask the CSA to intervene and complete an assessment.

  4. Alice on November 19th, 2012 10:44 pm

    If a PWC has opened the case they can close the case at any point and ask the CSA not to collect the arrears at the present time – the arrears will be suspended and they PWC can contact the agency at any time and ask them to re-instate the arrears and start collecting them.
    If an NRP contacts the agency to open a case the PWC will be contacted and asked if they wish the case to proceed, if the PWC says she does not wish the case to be opened then the CSA will inform the NRP that the case will be closed. If the PWC states that they want the case to be opened after the NRP has made the application they will be asked if they wish to supercede the application with their own – the person opening the case is basically the owner of the case and as such they are the person who can choose to close the case.

  5. chall on November 20th, 2012 7:22 am

    Quote; Alice on November 19th, 2012 10:44 pm

    ….the person opening the case is basically the owner of the case and as such they are the person who can choose to close the case.

    That is incorrect.
    A NRP can not close their case without the agreement of the PWC. If the PWC refuses the case remains open !!!

    chall

  6. wilf on November 20th, 2012 8:46 pm

    Chall:- If the NRP completed the maintenance application form(MAF) they have ownership of the case and can close it any time.
    Of course the PWC can then immediately make their own application.

  7. Alice on November 20th, 2012 9:51 pm

    If the case is opened on an application from the NRP and the PWC does not supercede this with an application of their own the NRP can close the case at any time. If this happens the PWC can of course contact the agency and immediately make application themselves. This is the reason that the PWC is asked on the initial contact call if they wish supercede the application with a PWC app.

  8. Alice on November 20th, 2012 9:54 pm

    If the case is opened on NRP application and the PWC does not respond to calls the CSA will send out written communication (MEF) – of the PWC does not reply the NRP will be contacted and given the open to leave the case open or close it.

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