CSA acting illegally

February 4, 2012

I am extremely aggrieved by the action that the CSA have taken against me.

I have been making payments to my ex-wife (that were calculated by the CSA) for my children for the last 4 and a half years. For some reason, unknown to me, she recently approached the CSA and asked that they now collect payments and to re-assess the payment amount.

The CSA phoned me in December and insisted that I give them my bank details. Of course, I refused. I asked them to first send me the information in writing. I received two letters in January: one letter was a demand for payment, the other letter informed me that they would now be collecting the payments. They told me to provide the information, and the payment, or they would be seeking court action.

I replied to them asking for the legislation that they were acting under, a Subject Access Request, the logic that was used to calculate the arrears and verification of who they were. I told them I would like this information before I give my bank details – If any other organisation requested my bank details and a issued a payment demand, that organisation could not have acted in the same manner as the CSA. It is my assertion that the CSA acted outside the scope of the Child Support Act and, therefore, acted illegally.

The information I asked them for was merely a verification, prior to sending my personal information to them.

1 week after sending this verification request, I received a letter from them informing me that a Deduction of Earnings Order had been issued. They had completely ignored my request for verification. Immediately, I called them to ask why the DEO was issued and they said, they are usually sent out to parents who are “non-compliant”. They are not able to demonstrate that my request was non-compliance.

I believe their actions were illegal for various reasons. They have breached the Protection from Harrassment Act 1997, Human Rights Act 1998, the Child Support Act 1991, European Convention on Human Rights and the Universal Declaration of Human Rights.

I do not believe the CSA should be allowed to continue this dictatorial behaviour with impunity. I aim to take this as far as I can to get an apology and to reduce the risk of another individual suffering the same alarm and distress that I am suffering.

Comments

  • chall says:

    Quote Theo; They told me to provide the information, and the payment, or they would be seeking court action.
    I replied to them asking for the legislation that they were acting under, a Subject Access Request, the logic that was used to calculate the arrears and verification of who they were.

    When you replied to them asking for the Legislation etc, did you also send the payment they were requesting?

    What is the effective date for the agency to commence with collection of payments?
    Does this date overlap the period when you were paying your ex direct?

    chall ~ afairercsaforall

  • Theo says:

    Many months have passed since my post and thanks to chall for the response.

    I didn’t send the payment because an agreed amount had not been reached. There were letters going back-and-forth. Eventually, the figure was re-assessed and it increased by a few pounds per month to commence at the end of February.

    We also decided that the monthly amount was to be paid by standing order (they insisted on Direct Debit, but I refused because I wanted some control of the payments. Also, the Child Supprt Act states standing order).

    The payments did not overlap – although there would have been an overlap had I made payments according to their initial suggestions.

    Despite all of this I am still annoyed with them. There must be a way to get them out of our lives. I have told them that I do not agree, or consent, to their involvement. All my contact with them has been under protest and duress. I will continue to make payments to my ex since I believe it is right to do so. But, I do not need the CSA to interfere.

    Unfortunately, I haven’t seen anything on the web where an ‘absent parent’ has been successful in defeating the CSA.

  • daryl says:

    The best way to deal with them is shut them down cos they cos endless problems.just vote against it

  • eddie says:

    Think all this is absolute sh.. and the agency clearly breaches the human rights of (mainly) us dads.
    The CSA shouldn’t be collecting Fu.. all as far as I am concerned the assessment process is problematic to say the least Immoral and probably nearer illegal and is in no way an assessment by its very nature. Thoroughly agree with Mike that the only way to deal with this is collectively; small victories should contribute to the war that is required to take on this parasitical agency who do all they can to destroy families. They state that this is for the good of the children but in the many cases I have read relationships are destroyed. We blame ex wifes who have gone to an agency who state that they would rather support amicable agreements but then who offer ridiculous amounts from NRPs many of whome are in contact and contributing what they can… only to wreck what is already had. It needs to be proven only that the assessments ant and goals and targets of the agency promote in-equality and discrimination for us to have a chance of challenging this monster and for me the way forward is ll fighting (financially and legally) for a common goal. The basis for this is to set up a team, which needs to be underpinned by a qualified barrister who is not afraid to take on the very system that pays for his existence. In the name of JUSTICE….. someone has to and I would like to start the ball rolling with others who WANT to pay for there children but want a FAIR amount and ASSESSMENT.

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