CSA operates outside the law

September 21, 2010

In my oppinion the CSA are a criminal organisation who are now operating outside the law of the land they are stealing from fathers and they are doing do because their power are now to excessive. In my oppinion the CSA powers are so excessive that they now breach article 8 of the human rights act. Article 8 can be breached in certain circumstances by the government. Howver the CSA’s powers are so excessive now that they can put fathers into serious debts without being challenged the CSA appeal tribunal system argubaly breaches article 6 of the Human rights act in that in my oppinon fathers do not get a fair trial in these tribunals they aren’t legally represented because solicitors costs cannot be recovered whilst the pwc gets a solicitor from the CSA to aid her therefore you don’t have a fair trial.

In my oppinion the CSA tribunals are not holding the CSA to account they are in my oppinion to cosy with the CSA. In my oppinion if a father was to go into a CSA tribunal with a cast iron legal case against the CSA its unlikely the tribunal would agree with the father. If your a father you have one month to appeal any decision of the CSA unless your stuffed but if your a mother you can keep raising variations and come back to the tribunal whenever you like a common theme throughout the whole process if your a mother you have the full force of the law on your side the CSA will bend over backwards to aid your case. If your a father in my oppinion the CSA will lie and cheat and the full force of the law is against you.

In my oppinion the CSA have stolen from me. In a csa tribunal they were instructed to grant me a change of circumstances for a period of 9 months in which I was ill which would have given back to me roughly £6000 to £8000. The csa promised the tribunal judge that they would grant me this change of circumstances they never did in my oppinion they then lied to the magistrates court and said they had rectified this matter with me got their liability order then went away and sent bailiffs to my doorstep to take this money from me for a debt I never owed. My children knew I was ill my ex wife knew I was ill but as far as im aware willingly took the money. So in my oppinion you now have a situation where one person has knowingly stolen from another.

The failure of the CSA to honour their promise in this tribunal caused me then to be threatened by the parents with care believing they were owed more money they weren’t entitled to.

In my oppinion the CSA are potentially guilty of two criminal acts one of theft the actus reus of theft is where someone dishonestly appropriates property from someone with the intention of permanently depreving them of it and the other criminal act of gaining property by deception. I have reported the CSA to the police and would urge more fathers to put pressure on the police to prosecute the CSA because its the only way we will get rid of them once and for all. Whether the csa are immnue from prosecution I’m not sure but as far as I’m aware no one is above the law of the land

I raised a complaint with the CSA complaints department in relation to the illness and other error they had made piacking wrong figure from my accounts. The guy from the CSA said to me don’t you worry were on your side it looks like we have used the wrong figurer from your accounts but refused to give me back the money from my period of illness. When I lost my temper with him he then went away and revised his decision about my accounts to say I owed an extra £50 a week going back to 2004. So the issue here is that CSA staff are personalising matters if you lose your temper they will seek to get revenge on you whether they are right or wrong and unfortunately they have the full force of the law to back them up.

The liability order procedure in the magistrates court is another example of how the whole CSA appeal procedure breaches article 6 in my oppinion. All the magistrates have to do is prove that a debt is owed under s33 of the csa 1991 to issue a liability order they aren’t allowed to look at the whether a maintenance assessment is correct. But how can the magistrates determine whether a debt is owed without lookning at the maintenance assessment they can’t which makes a mockery of their decisions and yet these magistrates are issuing these liability orders willy nilly without knowing whether a debt is legitimately owed or not. Fairness would suggest that if you are going to issue something as serious as a liability order against someone they you should be sure that it is for a legitimate debt. In my case I had a liability order issued against me for a debt I never owed because I was ill but could not defend myself against it because in my oppinion the csa committed civil contempt of court and argued they had rectified this period of illness with me which they hadn’t. I would argue that s33 of the CSA 1991 means that fathers article 6 rights to a fair trial are being breached in liability order hearings.

In my oppinion by the time the CSA have finished with me I will have had to pay £15000 that I never owed. The net effect of this is that I will lose my house. The csa have a duty under s2 of the csa 1991 to act in the welfare of the children. Throughout my case I believe the csa have been negligent in this respect they have exposed my children to witnessing threats made to me. The NRP and the PWC do not communicate at all now. In my oppinion the CSA have breached their statutory duty all the way throughout my time with them and have acted negligently.

If there are any criminal solicitors out their who specialise in briniging criminal prosecutions and want to put one over on the csa and get rid of them for good then

The comments in this article are my own oppinion it is upto the reader to formulate their own oppinions.

Comments

18 Responses to “CSA operates outside the law”

  1. John on September 21st, 2010 9:42 am

    I think it’s about time that the Serious Fraud Office, raided CSA offices and attended court hearings where CSA plant bogus offficials. It’s not only staff that are involved in these scams, it is CSA executives and the M.P.’s who put the statutes on the books in the first instance.

    The CSA are acting outside of the ‘rule or enactment of law’ that they are entitled to use. Theft/Deception, Blackmail (demanding money with menaces-money that they are not entitled to) and large scale Fraud. Hence it would be a matter for the Serious Fraud Office!

    Unforunately, they are all in the scam together, as thick as thieves if you like! Even Solicitors and Barristers are warned off getting involved.

    Our Human Rights and Civil Liberties have been eroded.

    The only answer is non conformity with ANY Govermnet or Local authority decisions where THEY expect you to participate. Give them two fingers!

  2. John on September 21st, 2010 9:47 am

    PS. I also believe that at some stage there will be a multi legal challenge to this scandal, with thousands of fathers and mothers who have been discriminated against, and when the floodgates open, I will be there to reclaim all the money stolen from me.

    How can it be that £4 billion pounds is uncollected……………… and the ones who pay are repeatedly targeted? If this isn’t discrimination, I don’t know what is?

    Shrewsbury closing down is just the start. What comes around, goes around!

  3. Brokenfather on September 21st, 2010 1:09 pm

    I agree that they have more powers than they should.

    They can take money from your earnings without having to assess the afordability of what is being taken. Even the County Courts of this country cannot do that so why should the CSA be able?

  4. Busylizzy on September 21st, 2010 6:18 pm

    Sorry but they are above the law of the land thanks thanks to Tony Blair ( hope cherrie can sleep at night being a corse celeb barrister for the deprived oh whoops forgot so long as you don”t come from this country but want to abuse the system and get us the taxpayers to pay!) Don”t waste your time or your money on litigation it”s all been done before from going to the High Court, Parliment on to European Court then Human Rights Court. RESULT NIL check it out case of mother,forget name, in 1990s started think it was something like Rachel anyway good luck cos one of us has got to get this changed for all of ou sakes regardless. Question if the CSA is above the law of the land does that make them above “Queens Law”?

  5. John on September 21st, 2010 6:56 pm

    Other people are trying the ‘Common law’ approach, with some success at putting off the inevitable. As Common law supersedes Statute law and id the basis or foundation on which are law is based.

    However, modern politicians are placing statute laws on the books on a near daily basis, because they are control freaks and have no interest whatsoever of serving the very people who put them in Parliament in the first place!

    Todays politics is about themselves and how they can make decent,ordinary, law abiding people ‘have it’!

  6. Busylizzy on September 21st, 2010 8:54 pm

    ok John I think I get your drift and where your coming from but it still does not take away the fact that the CSA operates outside the “Law Of The Land” and therefore common,statute, european, or even human rights laws are irrelevant as they ARE a law unto themselves. Did you know you cannot sue the CSA in any court of law as they are a Government body and therefore it is a case actually being taken against the reigning Prime Minister !!!! Hence no doubt all the problems we common people experience with all of these so called political bodies i.e Laws,Politicians.Departments and don”t forget scandels.

  7. Emma Louise Walton on September 21st, 2010 8:35 pm

    I totally agree that the CSA should be challenged in the European Court under the Human rights act… They go beyond what is civil and acceptable.The government in this country give mothers a pitance for child benefit and yet expect abscent fathers to pay 15% or more of their salaries, where is the justice in that. They are discriminating between children with fathers who are present and children with abscent fathers, apparently one is worth more than the other and that is just for starters.

  8. Jason Wallace on September 22nd, 2010 10:23 am

    Hi there. This is an all too common scenario I am afraid. There is a feeling that the CSA does contravene the European HR act, however this has never been challenged. Doing so would be extremely costly and a very long process and I don't theink that anyone has the energy to do so after having dealt with the CSA

  9. John on September 22nd, 2010 12:34 pm

    Thanks Busylizzy.

    We are all subject of the law in our everyday lives, and without rules and regulations there may be anarchy. Some laws are absolutely essential i.e in the taking of anothers life. This would warrant punishment.

    However, creating ‘unchallengeable’ laws in the context of financial provision for children has taken matters too far. It is for parents to make financial provision for their children. Not the state taking control of the children away from the parents.

    It is a road that leads us to totalitarianism, where the government takes total control and our fredoms are taken from us. This cannot be right in any civil society!

  10. lyn on September 22nd, 2010 2:57 pm

    Believe me we have one of the top Solicitors in the UK looking after our case. Something simular to yourself where they have picked the no £36,000 out of the sky and said I owe this!!!!

    At the moment we feel we are getting nowhere as they refuse to submit the paperwork to show where the amount is coming from.

    The latest they have done credit checks etc and told me that I am eligable to get a loan or credit so go ahead and get it and pay them.

    As regards to the case worker, she is horrible and I dont know how she sleeps at night because I have lost count of the sleepless night both my Partner and I have had since this situation started.

  11. Busylizzy on September 23rd, 2010 3:47 pm

    Lyn sorry but I for one don”t quite understand what you mean by “solicitors ” looking “after” your case considering “they” to date have been unable to aquire the necessary documents in order to either support yet alone substanciate the debt and therfore what are you paying them for if they are so good? Maybe you should ask for your case to be now looked at by a Barrister who is far more qulified then a solicitor and who can actually represent you far better in a court of law. Just a suggestion and good luck its just we pay these people to do a job we”re not qualified to do but it doesn”t mean they”re good at it………..just look at the CSA

  12. John on September 25th, 2010 8:09 am

    I have had eleven years of experience with these incompetent amateurs, and beleive me, there will be cases that they have botched up good style, and their victims will never know any different, because they are thicker than thieves when it comes to covering up the truth!

    This is why they we have to rid this immoral, corrupt quango from our society once and for all!

  13. Sarah Wilford on September 29th, 2010 11:52 pm

    I AGREE…

  14. James on January 26th, 2011 5:54 pm

    I really feel for you. I am going through hell at the moment and am about to lose my new partner as she didnt sign up for all this, my home and god knows what else. I feel everything they do is a scam an the government let it run. Its ok for them to spend billions a year housing forigners though.
    Surely someone out there has a solictor as a partner who would be willing to fight the cause to the end for free.
    Im at the last straw now

  15. kim on March 18th, 2012 1:31 am

    Me and my partner contacted csa because PWC was demanding triple of what they want but we regret it now after they started taking so much for arrears etc. Atm im arising law and once im qaulified im going to fight them because im now working 3 jobs and studying and my partner is working full time yet we can barely afford to put gas and electric on. Luckily csa don’t touch my wages

  16. kim on March 18th, 2012 1:32 am

    Meant studying law not arising lol

  17. Mike on June 12th, 2012 2:28 pm

    The CSA unfortunately reflects the government of today. I agree they are now above the law. We vote them in and regardless of what they say, they change once they get the power and do what they please. Laws are changed to suit their control needs. The CSA makes it up as they go.
    I went to the police and made a complaint against a caseworker who backdated a CSA claim 18 months putting me in debt £2116. She said that I had told her someone had called me to inform me a new case had started 18 months earlier! I have been trying ever since to get the CSA to send me the proof. The police were not interested.

    I appealed a case in May by recorded delivery and just went online to get the delivery confirmation thinking it was delivered to the CSA. Letter was not delivered by the post office!As a result my appeal may not be heard. Make sure you check online that your letters are delivered. Is the postoffice in cahoots as well?
    Maybe we should start a campaign in order to collect funds to take the CSA to the European courts.
    Mike

  18. eddie on May 5th, 2013 10:38 am

    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. Thouroughly 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 assessmeus ant and goals and targets of the agency promote in-equlity 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.

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