Advice on the enforcement of csa arrears
September 28, 2010
I have just received an enforcement letter to pay arrears of 3985 or csa will take me to court within 7 days they did not inform of the decision they had taken.
During the last 3 years 2007 -2009 I have been abroad for 15 months. I sent documents to csa to prove this and by law I am not liable to pay csa, they confirmed receipt of these documents 4 months ago.
I called their office many times and they have not been of any assistance to me in this matter. Could you please advise me as to what to do now.
Thank you.
Written by Alwalid Said · Filed Under CSA Advice
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Complain to the Independent Case Examiners Office asap. Complain to your M.P.asap.
If you have to attend take all correspondence and log of recent phone calls and who you spoke to. They will lie through their teeth!
It has been known for the liability order to be signed even before cases are heard, because they are law unto themselves. They will attempt to dismiss any mitigation from you because it’s compliancy at all costs and the staff are on bonuses and performance related pay.
Do not hand any money over by credit card or any other means.
Write to the coalition and inform them what an utter ‘shambles’ the csa are ,and of your expereinces!
May be worth considering making a complaint to the police if you can prove that you do not owe them any money, as they are then demanding money with menaces i.e. threats of legal action to take money from you, that you do not owe them, and if it is not a lawful debt it could be deemed that you are being blackmailed!
Only my own opinions of course! A common law rebuttal has been tried and suceeded before.
Good luck.
Go straight to the independant case examiner.If they take you to court plead NOT guilty and ask for trial by jury, as this is a criminal matter they then have to provide you with a solicitor.Sadly reasoning with these imbeciles doesn't work !
Also write to your mp and tell him to send your case to the ombudsman.
We are having the same problem, they say we don't have to go to court, cos the judge will not take anything into consideration, we are paying the arrears but this is finacially crippling us,we have a 3 yr old and life is a struggle. We have tried to explain but they are no help.My husband was paying for his kids but his ex just lied and lied and who did the csa believe…….. The PWC again.After all she is entitled to live a lavish lifestyle cos she is so hard done by. They are a joke,its not fair and as i said before Its the NRP who suffer.
tell them lets go court and they may shit there pants as it will cost them too, challenge the arseholes about the arrears, judge will listen, you wont know until you try. DO NOT BE AFRAID OF THEM, THEY ARE NOT ABOVE THE LAW.
As usual good advice there from John.
You could also try Child Support Solutions based in Kings Norton in Birmingham. The gentleman there is called Bob Page (I think). I have used their services before and found the advice to be pretty good.
They are independant solicitors and do charge for their time, but the thing is they are former lawyers for the CSA.
Hope this helps. And dont give up the fight against them.
Graeme
Thank you graeme for yr comments and to u Darren regarding the car situation if it comes to that I am hoping that I will be able to prove this with regards to the house.
I noticed yr comments Graeme and John the advice u gave on post ” enforcement of csa errors”do u think then that in my circumstances how they stand with my husband that has left and now lives out of the country he could go down this route,as he did inform csa that he was now living abroad due to the pressure he was put under by the csa evils to come up with these arrears which he did not learn about until 2007 ?
As I just feel I’m fightng a losing battle here for something that was not even my fault.
Joanne
Has any1 got the date for the protest on the Midlands CSA offices?
Make an application on Form N245 for an Order to repay the arrears it stops all enforcment dead.
http://www.ind-case-exam.org.uk/independant case examiner
Allan we did Dudley on the 20th and no date set (yet) for a return.
Joanne
Never give up the fight. If youre husband has left you and is living abroad, then you have to seek legal advice immediately. The AGENCY must stop this action now. If he is no longer living with you then you are not liable for his debts.
You can also look at post from deadbeat dads they have a link to their website which helps a lot of people in your circumstances. You coulsd also try NASCA as well.
Good luck and dont give into them.
Graeme
Just dont tell them you won't pay – they will take enforcement action and have you over a barrel – tell them you WILL pay and can pay tell them what you can and prove that you can't pay any more. Good luck
I had to leave my wife and 3 small kids because she had several affairs, this then made me homeless, bankrupt, depressed etc , For the past 3 years I’ve been seeing my kids less and less and now down to 7 hrs a fortnight because she alleged that I had been hurting my kids, and got myself and my 71 year old mother investigated by the local police whom luckily seen through her lies but also my ex has put me in jail 4 times for no reason at all even when I haven’t spoken to her or seen her.
I have taken time to get back into work and 6 months ago I got a job as a manager of a shop and my self and new partner of two years are now expecting a baby in September.
But today the CSA have got in touch with my work and say they will take 40% of my wage leaving me and my partner with £100 per month with a baby on the way and they said they dont care its my ex’s money and I should pay!!! NOT