12 years of hell at the hands of the CSA
I’m writing to you as a last resort. I can assure you that’s no reflection on you but I’ve had to admit defeat.
I’ve had twelve years of the CSA and their incompetence. I’ve written to my MP and also the ombudsman but this hasn’t helped my case.
I thought I would try to make some sense of things myself and so requested all the paperwork concerning my case. After I made the token payment this was eventually sent out to me. Unsurprisingly it was in no particular order and was in not in any chronological order. The pages weren’t even the right way around.
CSA and I had our day in court after they worked out I owed £6000. Due to the financial position they had but me in I couldn’t afford legal representation and so went to court unrepresented. I broke down in tears in the witness box and the judges apologised but said there was nothing they could do. The CSA highlighted numerous dates they couldn’t get hold of me which I quickly pointed out was due to me being in the Army and being abroad in Afghanistan etc…
After court the arrears were then added on to the monies I was already paying and taken immediately from from my pay.
Its my belief that the CSA have incorrectly calculated the arrears to be paid and have then gone on to miscalculate the monthly repayments.
I accept that there is nothing I can do reference the £6000 as its been to Court. However, due to the repayments being miscalculated I’ve now over paid the amount of arrears owed and continue to do so as I sit here emailing you.
Please could you consider looking at my case and advise me what I personally need to do to get this matter resolved?
Thank you for your time.
Kind regards
3 thoughts on “12 years of hell at the hands of the CSA”
Leave a Reply
You could ask the NACSA to look over your case as relative to going to court they are very affordable and they really know their stuff as your not going to be able to get that from a site like this where most people have very specific questions.
Adam,
If the arrears are incorrect, they could be corrected.
What date did your case commence – before, on or after 03/03/03?
Has your case be subjected to a penalty assessment that has not been converted to a proper assessment?
chall
Hi
There isnt much your MP can do apart from advocate on your behalf, why did you you go to the ombudsman? Was it the Parliamentry and Health Service Ombudsman, they are the ones that deal with the csa but only if you have exhausted all other possible routes and only for claims of maladministeation.
Here is the general process –
This isnt the csa its an open forum so don’t give names/details etc especially of children.
Don’t deal with the csa by phone, everything in writing, sent recorded, keep the receipts.
Copy your MP into everything and try and get them involved as your advocate.
Make a formal complaint about any decision you are unhappy with from the outset as time limits are involved. Always go for an appeal tribunal asap following the internal process.
Get a copy of your Data Protection prints from the outset so you know what you are dealing with, again follow the correct procedure in wording your request to get ALL information, send it to the right department, send the correct fee.
Don’t be afraid to complain about any csa staff, or their superiors if you feel you have just cause.
Remember the process, internal complaint, ‘independent’ case examiner (the csa protection department), appeals tribunal, parliamentry and health service ombudsman through your mp for maladministration.
In addition to the above info also look at other cases on here, you might learn some stuff, look at the karoonian case (Court ruling leaves child maintenance authority ‘emasculated’ – November 1, 2012), might not be directly relevant but the judge did say that – ‘the “muddled” methodology the CMEC used suggested to investigators that absent parents had to prove they were innocent.
Ward, along with two other judges, Lords Justice Patten and Richard, concluded the fathers were not given the chance of a fair hearing, which breached Article 6 of the European Convention on Human Rights.
The judges concluded:
“The procedures adopted do not comply with the rights to a fair trial and were flawed accordingly.”
It may have some bearing on your case. Also did you claim benefit at anytime? If so check out the rule in Kerr 2004, may be of some use.
You dont need a solicitor, some barristers can be approached directly which saves on costs.
I dont know about nacsa, (anymore info smithy?) but sounds good.
Good luck to you and dont give up.