Court case won in Scotland

January 22, 2009

We the Dead Beat Dads won a court case for a member in a Scottish court where they tried to issue a Liability Order on him for the third time. A busy two days where we had a day to go through his case then fight it out in court the following day. The courts had adjourned it twice as our member awaited his DPA Prints which the CSA failed to furnish him with twice.

They tried to just have the Liability Order granted because the Sheriff could not get involved with how the assessment had been calculated and because it stated on the paperwork he owed about £8000 in arrears. We pointed out that the Sheriff cannot grant the Liability Order  because (1) if the Sheriff cannnot question how the asssessment was calculated how can they be satisfied the debt was owing and (2) the CSA had not provided any proof that he was the Liable person. The solicitor acting on behalf of the CSA tried to say that they do not have to provide proof he is the Laible person, so we threw in the innocent until proven guilty under the constitutional rights so that got the Sheriff round to our way of thinking. They then tried to come back at us stating that our member had not brought this up in the past two cases, so we had to provide proof how the CSA operate. i.e prey on peoples ignorance, we also asked if they would like to listen to recordings from different case workers and how they deliberatley ignore letters sent in informing them of change of circumstances as we provided a copy of a letter from our member dated back to 1998 when he told them he was disputing parentage but they chose to ignore that fact.

When the Sherrff was shown all of this the CSA tried coming back by stating that was irrelevant and we should concentrate on the liability order, so we hit back with you cannot just choose certains parts of the law to suit yourselves, the Agency failed at the first step, he requested a DNA test be done, you ignorerd that fact therefore you have no proof he is the father let alone owe any money, you cannot expect a liability order to be granted on the grounds of hearsay therefore section 33 is not admissable at this stage.

The sheriff ordered them to do a DNA test but seeing as his kids are 17 and 18 they will refuse that, which will mean the case will be closed so the sheriff stated if that is the case then the CSA must not bring it back to court.

We still got a smirk from the solicitor as we walked out,

Comments

8 Responses to “Court case won in Scotland”

  1. the drained on January 29th, 2009 9:36 am

    IF THE CMEC CLAIM THEY ARE A NEW ORGANISATION , SURELY THEY NEED TO ACERTAIN WHO EXACTLY THE LIABLE PERSON IS, AND BEGIN THE PROCESS AGAIN THEREFORE NOT RELYING ON FALSE OR INCORRECT INFORMATION WHICH IS/WAS HELD BY THE GOVERNMENTS PUPPET ARM THE CSA,

  2. the drained on January 29th, 2009 9:38 am

    NOT MUCH HAS CHANGED AT THE CMEC AS THEY SEEM TO HAVE ADOPTED THE SAY NAME TACTIC AS THE CSA DURING SOME RECENT CALLS TO THEM EVERYONE WAS CALLED KAREN EXCEPT FOR ONE AND HER NAME ALSO BEGAN WITH K, NEVER SPOKE TO GUY ONCE MMMMM?

  3. deadbeatdad on January 30th, 2009 10:21 am

    They have only changed the name and apparently made it a non government body but the government can still intervene, there are a few reasons they have done this most of them to erode away at the fathers human rights.

  4. deadbeatdad on January 30th, 2009 10:22 am

    Just remember to record all conversations with these people

  5. "Typical Man" on February 2nd, 2009 8:33 am

    Everyone being called ‘Karen’ in the CMEC is a throwback to Women’s Aid. I used to have a feminist girlfriend (who now I look back, hated men) who used to work for Women’s Aid and she said they were all called “Kate Brown” there. It was a sort of ‘sisterhood’ protection racket. It should be illegal. Any public body should have accountable staff. Also any non-governmental body should not have the powers the CMEC has. I think a challenge to their new powers in court (eg to confiscate passports and driving licenses unchecked by law) as an infringement on human rights would at the very least highlight the injustice.

    This is my first time visiting this site and I have to say I am shocked and dismayed by the terrible stories that fathers today have to suffer. I am also glad there are guys like you who fight back and publicise it too. The CMEC busybodies remind me of the many social workers who were involved in my family when I was young., Without fail, they were all women and they were all feminists and they were all out to blame any male in the family for anything they could. I doubt they would like it so much if someone arrived and started messing around with their relationships with their kids, or their parents.

    Fathering (now there is a word you don’t hear much these days!) isn’t something that really exists in he way it used to. Increasingly there is no such thing as fathering, not legally or now culturally. Too many times have I seen my friends threatened by their partners or wives with the law -if they don’t obey they can ‘get out and they’ll never see their kids again’. This abuse is now almost expected in a relationship.

    It is these threats (which are not hollow!) and the consequences for fathers caught up in the system as I have read on this site that has made me realise that all my life I have been inhibited from having children. I am basically just so scared that I will end up booted out and hunted down, like so many guys I know.

    I increasingly believe it is all part of an overall trend, an unspoken agreement between many women, who have been indoctrinated in universities and through the media, to believe that men are there to be attacked as much as possible and that doing so is past of being a woman. There is a war on men and sites like this and the one who brought me here (www.therightsofman.typepad.co.uk) are at the forefront of the fight for men’s rights.

    Thanks to all for your posts and openness. We must all bond together in the same way women do and rekindle our brotherhood, in the way there once was between fathers in the past, an unspoken understanding. I remember realising this on seeing with my own father’ s interactions with other fathers.

    Sadly I have come to the conclusion that I’ll have to move overseas to have children. Women seem nicer and less anti-male and the laws certainly are not so misandrous. I am curious to know, with your experiences in this country would you recommend leaving and starting a family abroad?

    I am not saying I would give up the fight for equality, but I feel I must protect my future family and my future children from the damage that could be inflicted on them by the sexist women in this country who simply and proudly just hate men.

  6. mark on November 4th, 2011 6:48 pm

    this is unreal !!!! i have just been in court today for a csa hearing in where their lawyer has tried to have a custodial sentence upon me or a removal of my driving liscence for non payment of child support !! this was unbeleivable today as i have a standing order with my bank and the money comes out my acc every friday !! i didnt have my lawyer present as i,m fed up with this farce of a justice system , and it also seems very strange that their lawyer is also my hope to be ex wifes lawyer ,, it seems clear to me that he is only acting on the bitches words and she has told lie after lie about not receiving payments or any other income yet she moonlights as a hairdresser and takes my money !!!i have spent in the last 2 years approx 2500£ in lawyers fees for the right to see my children who i love and miss very much , only for her lawyer to say in court i dont pay !! lies after lies on her part yet the courts do nothing un less i pay more for independent lawyers and social services to get involed , money i dont have ,, i think its disgusting what some woman will do !!

  7. mark on November 4th, 2011 7:11 pm

    sorry made a wee mistake , the lawyers fees have been over 7000£ !!!!!!!!! and i,m still not divorced !!!!!! lol ,,, or not so lol!!

  8. kennth mclellan on May 9th, 2012 1:11 pm

    i have been fighting the .c.s.a. For the last .11 years i have arrears,of £4.485.i was at court last week.2/5/12 were i met a c.s.a worker and there lawyer. Before this case they wanted nearly £8.000. there was a claim from 1993 but.i did not seperate from my ex wife.until.14/4/2000.i got divorced in 2003. I have paid this mob nearly£40. 000 in 11 years .i got my mp. Involved .in 2010 wh o turned out to be a useless cunt .so i turned to the lawyer who dealt with my divorce and access to my 2 children. He proved by my divorce decree that i seperated in14/4/2000. That made the c. sa mad because i had Proved them wrong. Also my son left school at 16.as did my daughter. It told them this all they done was ask my ex and she said no ,i asked them to trace them through there. N.I. Numbers but they told me to provide the proof. I am not a goverment agency. It has cost me thousands in lawyers fees. They are a faceless organisation who are not interested in any thing but themselves. When they make a mistake it is my fault.

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