CSA didn’t comply with a court order then fined me

June 21, 2012

In 1993 the Child Support Agency made an interin assessment. They contacted me to advise that they need info frm me. I advise them that I was subject to a court order.

Child Support( maintenance,arrangements & jurisdictions) regulations 1992 regulation 6.

Sates that where a court order exists notification MUST be sent by the CSA to the court that made the order.

The CSA quite openly admit that they failed to do this. The purpose of the notification is so that the court order can be cancelled, leaving the CSA free to pursue their claim. In attemt to correct the mistake they sent the notification 17 years after the fact.

So the CSA created a situation where the court order required 192 a month, my mortgage payment was 450 a month and they CSA expected to claim money also. If a claim made by the Child Support Agency is impossible to comply with is it enforceable?

They decided that I was non-compliant and raised a punitive liability of 493 a month. This means, they sort to punish me for not breaching a court order.

The CSA claimed 30,000 for a 6 year period. The court order remained in place for the first 12 months of these 6 years. They then made a deductions from earnings order for the next 6 years claiming another 25,500.

The CSA went to court in 2008 to secure a libility to order. In order to secure the liability order they claim to have taken all monies collected under the deductions from earnings order and moved it to the first 6 years claiming that no money has been received for the later period.

They have gone as far as to secure a possession order against my properties, evicted my tenant and stand ready to sell my home.

The reality of the sitution is that as you can not punish someone for not doing something that they can not do the punity liability is a falsehood. As it represents 1.5 multiplyer of the actual liability the first 6 years would be reduced to 20,000. As there is no requiremnet under law to pay two lots of maintenance for a single child it would be reduced by a further 12,000. If the CSA was to carry out a conversion on the remaining 8,000 it would reduce the liability to 5,000.

As the CSA have collected an amount towards the arrears under the deductions from earnings order and have collected 7 months more than they should have the liability for the second 6 year period equals 14,000.

A total liability for 12 years of 18,000. Yet the csa have collected 33,000 from me and are currently trying to sell my houses to raise another 24,000. When in fact they owe me 13,000 plus the lost income from the evicted tenant. Around 19,000 in total and that does not include any compensation for persecuting me for the last 20 years.

You would think that this would be easy enough to sort out. However the CSA will lie openly, are answerable to noone. The various agencies that claim to help people with CSA issues want 2,500 just to look at the case. The few solicitors who will talk to me are unable or unwilling to take the case. They are however very willing to take payment for doing nothing.

The eviction of my tenant has reduced my already modest income from 700 a month to less than 100. I currently have no phone or mobile, no means of paying my mortgage but still the CSA want blood.

Maybe when I am totally destitute the CSA will finally leave me alone

Comments

5 Responses to “CSA didn’t comply with a court order then fined me”

  1. footprint on July 10th, 2012 8:35 pm

    I suspect the CSA have now issued a form 601 to the court. Why don’t you simple send in the info to have the IMA converted.

  2. chall on July 11th, 2012 10:04 am

    Mr Jones,

    In the meantime, what correspondence have you had with the agency?

    Have you complained OR appealed ?

    You could put in an appeal ‘out of time’ (you can appeal after the 13 month limit if the decision is fraudulent or incorrect), send evidence and explanation etc.
    If the CSA Appeals Dept refuse your appeal, that then gives you FULL appeal rights and you would then have the opportunity to apply to an Independent Appeal Tribunal for a Judge to decide if your appeal can progress.

    chall ~ afairercsaforall

  3. mr jones on July 11th, 2012 12:58 pm

    the court in which the liability order was granted has no appeal process for CSA matters. After four years of following the CSA complaints procedure, I have come to realise its a waste of time. I have taken the matter back to court.
    I have also raised a case with the independant case examiner, who are yet to do anything.
    The CSA are only willing to convert part of the earlier period as they claim a change to the legislation means that no interim assessment carried out before April 2005 can be changed.

  4. Howard on August 12th, 2012 7:17 pm

    CSA have contacted me asking for my employment details etc. I have a court order to pay my ex wife, child maintenance. I have paid the amount each month for a year. CSA are saying, I didn’t pay through the agency, so they are backdating the claim.. Even though I have complied and payed a huge amount through the court order. The CSA propose to make me pay again, with 12 months back pay. This cannot be correct. I shouldn’t have to pay twice?

  5. mr jones on August 14th, 2012 10:11 pm

    my point exactly howard.

    There is no legislation that says you are liable to pay for twice for the same child for the same period. You need to ensureyou keep receipts from the court.

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