Letter of Complaint to the CSA

February 17, 2010

Here are the last 4 letters I have written to the CSA, and as yet, they have not written to me once with an explanation or an apology and continue to steamroller me into paying a “statute debt” which is by law unenforceable. Instead, they have been taking this by way of DEO, even though I have made it clear that I do not recognise this debt and want payments suspended, so that I can go before an Independant Tribunal to determine if I should pay or not. In the meantime, they have 2 Liability Orders hanging over me and I have now lost my job and am worried that they will use enforcement action, even though I was led to believe that the massive DEO against me was to pay that off!

See what you think:

Letter #1

Mrs Willis
Team Leader Manager
Legal Enforcement Department
Room D2
CSA Hastings.

Dear Mrs Willis,

Further to my telephone appeals to my case worker Clare Weale, other CSA staff and yourself, I wish to lodge a formal complaint about the way my case has been handled and the attitude of staff, including yourself.

I believe that I have been treated shambolically by those concerned and now my partner, my family and I will be suffering immense hardship as a result of your determination to recover a substantial debt accrued over 13 1/2 years in a 13 month timeframe, with an additional £170 per month to find in maintenance assessment.
During my conversation with all concerned, I have never shied away from my responsibilities. I accept that I must pay for my daughter (despite being denied any contact by her mother notwithstanding her refusal to comply with a Court Order for Contact in my favour….but that’s another story!) and I accept that there is a debt that needs to be paid within a “reasonable” timeframe. This is the crux of our difference in opinion!!!!

Clare Weale and a chap by the name of Tom? (Ref: SpocREs/JJ/RP12451-Crewe) both informed me that it was Child Support Law to recover the money owed within 2 years. Since when did it become Child Support (CMEC) law for you to recover all monies owed within a 2 year timeframe? In fact, I would like you to respond with the exact legislation in law, that this is accurate and true. If you cannot provide me with evidence of this legislation….and I’m sure you cannot, then I must assume that the CSA are wilfully deceiving and misinforming people like myself that there is a 2 year recovery period as part of “bully boy tactics? This puts fathers and their families under immense and unnecessary stress. This then gets back to what is reasonable. I see reasonable as an amount that I can afford to pay, without putting my family and I at risk of defaulting on essential bills or suffering a detriment, which we surely will, if you insist on applying a time frame of 13 months as you are!
or even 2 years to recover a debt of over £5000 plus an additional £2000 for maintenance in that period!

I have proposed what I consider to be a fair and reasonable sum, which whilst it is going to cause me some hardship, will at a push, be affordable…just. To remind you, that was the maintenance of £170 plus £50 per month towards the arrears. When my daughter becomes 16 and I’ve every confidence that she will not be going on to full time education beyond that (much to my disappointment), I will then continue to pay £200 per month off the arrears until they are paid. As I say, this is reasonable given the circumstances.

The CSA have always banged their drum, that they would prefer parents to reach an agreement about maintenance between themselves. Please tell me how that is possible, when the CSA makes the PWC false promises? Please tell me what could have been done for me, when I had a zero maintenance assessment, not once, but twice and both times I was “blackmailed” into paying for my daughter or be denied contact. Please tell me what I am supposed to do, when an agreement is made to pay maintenance outside of the CSA and then when a totally unrelated dispute occurs or the PWC decides she fancies a holiday or clothes for herself, that she then makes unreasonable demands for additional money and when that can’t be paid, goes back to the CSA making false allegations that I have broken the agreement. I would dearly love to be a loving, supporting father to my daughter…the Court and the law has so far agreed with me. What then makes it right, for her and you to “blackmail and bully” m!
e into paying more than I can afford to pay????? When I accuse you of blackmail, I refer to my offer being thrown back in my face with contempt and told that unless I paid a significant part of the debt in a lump sum, then you would not negotiate the enormous DEO against me.

As I do not have the money or means to do this, nor the friends or family to bail me out as they have done over the last 3-4 years, my guess is that you are proposing that I steal the money as I have no other means of raising it!!!! Negotiation is where two parties strive to reach a common goal or agreement. In your case Mrs Willis and that of Clare Weale, there was no negotiation, no willing, just blackmail and threats! Then one wonders why families split up, fathers become absent and some go on to take their own lives or that of their former partner or children.

In addition to the point of law that I have asked you to produce as evidence, I would also like you to produce the point in law, that says that if I was to resign from my job, that I would be committing an offence and you would seek to have me prosecuted?
Again, I believe you are far exceeding your boundaries in making such threats against me and is further evidence of the attitude that you and your staff have adopted towards me. Please tell me, what gives you the right to speak to me like that? You are supposed to be a manager and a professional and your attitude was extremely poor and at times demeaning and threatening. I recall I pointed out to you during our said conversation that if I were to resign from my job, there would be numerous reasons for doing so and that you and the CSA could not force me to work or make threats of doing so. Now there are 2 points in law which I want you to produce to me as evidence and hard fact!

I would also like to know how much of the outstanding debt which the CSA claims that I owe, is owed to Miss Baker, the PWC and how much to the CSA, if at all? I would like a complete breakdown of payments made and received since 1994 to present day. You claim I owe over £2000 from an old claim. If this is true, please provide me with the evidence.

I would also like to make a Subject Access Check under the Data Protection Act and Freedom of Information Act of all information held about me by the CSA and CMEC, held on file within the UK, not just Hastings. This is to include internal memos and emails about me, decisions, letters, assessments etc. Please could you direct this request to the said department, so that I can complete the necessary forms and send the £10 cheque, for this information to be supplied.

Finally Mrs Willis, I would like you to reconsider your stance on hammering me for 40% of my salary(£590 P/M), now that you have a DEO and a Liability Order against me. I have always asked the CSA to be reasonable in instances like this, unfortunately, this appears to be a word that they cannot find in the English dictionary. I am trying to reach a solution where my daughter gets the money she needs and is owed to her and ensuring that my current family and I do not suffer significant and unnecessary hardship in the process. I want to try and reach agreement with you, but if you continue to adopt the “couldn’t care less attitude”, then I’m afraid that the outcome will be that there are no winners in this game, playing by your rules. By my rules, everyone benefits.

When I went through an acrimonious divorce, lost my career with the Police, lost my home and ended up bankrupt, I was severely depressed and suicidal and required a lot of help and support to get through it all. This traumatic period in my life, left deep scars and my resuming work in the last year and beginning to stand on my own two feet again was a great help towards my recovery. These last few weeks battling with the CSA have started to have the same detrimental effect on me and this will only get worse, as the stress and financial stranglehold you have on my earnings continues to bite and affect my relationship with my partner and our children who are also being unfairly affected by your crass and incompetent decision making.

I look forward to receiving the information I have asked for and look forward to receiving a response from the complaints department as well as the Data Protection Department, in regard to the issues raised.

Yours sincerely,

Mr Sean Bryant

I have another three letters of complaint against the CSA, all will be posted on here shortly.

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