How to win against the CSA
April 30, 2012
I went to court with the CSA about 10 years ago and had the case “struck out”. which means they cancelled the payment order and arrears.
This happens to about 3rd of cases (nearly all cases taken to court). The CSA are massively incompetent. the more incompetent the better, this helps your case. I am about to go to court again and in this letter I will show you how.
They want £181.40 a week of me and say I owe £7000. This is the letter I sent:
Date: 11 April 2012
Contact reference number *********
National insurance number:*********
CSA reference number ***********
Child Maintenance and Enforcement Division Appeals Section Enterprise Way Newtownabbey
Dear Sir or Madam.
I am writing to you regarding a phone conversation made with “Kim.cstnswg1tn2” made on the 28th March 2012.
The intention of the conversation was an agreement to be made as regards to my payments to **********.
When I asked for evidence of a £7,000 account of outstanding debts;
Kim.cstnswg1tn2’s response was “I am not allowed to say.”
Kim.cstnswg1tn2 told me “if you do not tell me your account details I will charge you £15 a week.”
I stated that I couldn’t afford £84, as Kim.cstnswg1tn2 had not taken into account my income over an average of 5 weeks. Instead Kim.cstnswg1tn2 had taken my income based on my highest earned pay in one week. I am an agency worker, and only work a limited amount of weeks a year. This has to be taken into consideration also.
Kim.cstnswg1tn2 response was “I can take 40% of your net income; my decision is final”.
Kim.cstnswg1tn2 told me she had made an assessment based on the week starting 9th January 2012.
I found the conversation to be very upsetting and damaging. I feel my human rights have been compromised (chapter 8 of the human rights act 1998). I have been stripped of all my income and forced into a false debt. I have been totally humiliated and finding it difficult to come to terms with the prospect of more financial ruin and impending homelessness.
Kim.cstnswg1tn2 did not offer the opportunity to support an appeal and negligently denied my right to appeal; not only through the CMEC process but also through The Magistrates’ Courts. Clearly Kim.cstnswg1tn2 is defective in her assessment of my earning.
I am writing to you to request the following:
1. The right of audience, the right to conduct litigation; section 48 of the child support act 1991, sec (1)
2. A recalculation on a deduction from earnings order (DEO).
Under The Child Support Act 1991 chapter 18 Reviews of decisions of child support officers, subchapter (6) The Secretary of State shall refer to a child support officer any application under this section which is duly made; and the child support officer shall conduct the review applied for unless in his opinion there are no reasonable grounds for supposing that the refusal, assessment or cancellation in question-
(a) Was made in ignorance of a material fact;
(b) Was based on a mistake as to a material fact;
(c) Was wrong in law.
I am requesting a recalculation order based on 2 weeks before 9th January 2012 and 2 weeks after.
Week commencing 26.12.2011 JSA £60
Week commencing 02.01.2012 JSA £60
Week commencing 09.01.2012 PAY £377.60
Week commencing 16.01.2012 PAY £120
Week commencing 23.01.2012 JSA £60
I don’t understand how Kim.cstnswg1tn2 can issue a DEO of £181.44 per week.
Average earnings over 5 weeks is £135.40.
3. A request to appeal against a Deduction from Earning Order to recover arrears which have occurred because of the Agencies failure to act in the past.
The CMEC have failed to take into account of outstanding debts still owed from the marriage.
The CMEC have failed to take into account the time **** **** spends with his father.
The CMEC have failed to give any proof of an outstanding amount of debt owed.
The CMEC have failed to request proof of ***** ***** being eligible for child support.
The CMEC have failed to take into account traveling distance for myself to visit ***** ****.
4. A request for an investigation as to ****** *******’s clam to child maintenance. ******* ****** is 18 years old and informed me he attends ****** college one day a week on a part time bases. This is less than 12 hours as stated as the minimum to qualify for child support.
5. A request for compensation.
6. A request for all information regarding myself under the data protection act amended in 1998, chapter 7(F1)
right of access to personal data, subsection (1) sections a,b,(sub sections i,ii,iii) c, (sub sections i,ii) and d.
As you are a government agency; I believe it would be “in the sprit of the Law” for you to supply me with this information, free of charge. However, you can request a fee in writing.
I also intend to identify and correct any information if I deem it to be incorrect false or misleading.