Please help, what right of appeal do we have?

January 30, 2013

We have just received a CSA ‘agreement’ stating that over the next 14months we have to pay off arrears of £4400.00. We have been in debate over the last year as the ‘children’ in question have been working and aged 17 & 18. Because their mother PWC has been claiming child benefit for them – my husband is still liable!

So basically she can defruad the benefit system, get money from us she is not entitledtoo and we are the ones suffering.

To add insult to injury my husbands earning halved and the CSA wont reassess as they say they were not notified in time. The majority of the high wage he earned was overtime as he started a new job. But this is not an excuse, we just want to be able to live. My husband has protected earnings (assessed by CSA) over £1500.00 monthly and anything over taken. This has now been dropped to £950.00 monthly. The exact cost of our mortgage/ so what do we live on? We have always paid for his children but this is taking the biscuit.

Please anyone advise what we can do with no right of appeal

Comments

3 Responses to “Please help, what right of appeal do we have?”

  1. j on January 30th, 2013 1:25 pm

    Hello

    Here is some ‘general’ info which may get you started –

    Have you had your data prints or complained about the way your case has been handled?

    Here is some general advice –

    ‘This isnt the csa its an open forum so don’t give names/details etc especially of children. (your own name can be used to identify the kids, and your case)

    Don’t deal with the csa by phone, everything in writing, sent recorded, keep the receipts.

    Copy your MP into everything and try and get them involved as your advocate.

    Make a formal complaint about any decision you are unhappy with from the outset as time limits are involved. Always go for an appeal tribunal asap following the internal process.

    Get a copy of your Data Protection prints from the outset so you know what you are dealing with, again follow the correct procedure in wording your request to get ALL information, send it to the right department, send the correct fee.

    Don’t be afraid to complain about any csa staff, or their superiors if you feel you have just cause.

    Remember the process, internal complaint, ‘independent’ case examiner (the csa protection department), appeals tribunal, parliamentary and health service ombudsman through your mp for maladministration.’

    There are a couple of sites you can also look at –

    afairercsaforall – one of the moderators (chall) often posts on here.

    © ChildSupportLaws – general info.

    http://www.fmotl.com/forum/viewtopic.php?f=24&t=8006 – not sure it will help but worth a look.

    http://www.deadbeatdadsassociation.co.uk – they don’t help you if you are getting advice elswhere.

    http://www.nacsa.co.uk/page/contact_us.html – I’ve heard of them and they get a good review but cost money. (£30pm I think)

    As mentioned, chall often posts on here and may see your post and respond, or you could check out her own forum. (the first one I mentioned)

    Also someone called ‘alice’ posts comments on here and may be able to help.

    Read the various threads on here eg ‘Court ruling leaves child maintenance authority ‘emasculated’ – ‘November 1, 2012′

    You may pick up some useful info.

    By the way you mention that your partners pay has been cut, I’m pretty sure you can get a variation (but dont quote me) on your calculation. If chall looks at this post she may have some more detailed info so keep checking in.

    Good luck

  2. chall on January 30th, 2013 8:14 pm

    Mrs H,

    Did you notify the Child Benefit office of the possible fraud?

    Is your OH CSA calculated on old or new rules (before or after 03/03/03)?

    Is your OH still paying current maintenance or is the case arrears only?

    As your OH has had a change in his income he will need to send (copies) 5 weekly OR 2 monthly wage slips to the CSA, so they can carry out a re assessment.

    The CSA can negotiate the re payment of arrears, but prefer such to be cleared within a 24 month period.
    You could complete a household budget sheet (link below will take you to a sheet prepared by CAB) and send it to the CSA, along with a more manageable re payment suggestion
    https://docs.google.com/viewer?a=v&q=cache:CVeZ0dXKGoEJ:www.adviceguide.org.uk/d_budget_sheet.pdf+household+incomings+and+outgoings+template&hl=en&gl=uk&pid=bl&srcid=ADGEESj5WUtpR1w45WI3K1ZYdq10C9RysMq9LxGjhx3EzswXdrukz0yedxQ9V57Tnyf0yFHpx3vj9b5elMGjLCMuwlJU58HVfiqPYB0qpZGGIv6K-osRyAp4kx87zxRTHDfoMlSJvn9s&sig=AHIEtbQZhxhSzLGBSFLiIgT1Kzw1MkW-dw

    Keep copies of all correspondence and post signed for.

  3. j on January 31st, 2013 12:20 am

    “The CSA can negotiate the re payment of arrears, but prefer such to be cleared within a 24 month period”

    To the best of my limited knowledge there is no ‘law’ (statute) that says you have to pay back within 24mts. You can obviously only pay back within your ‘reasonable’ means but obviously the sooner you pay back the sooner it is cleared. (if it is actually owed, the csa have been known to ‘find’ arrears that dont exist apparantly so be careful and get proper advice)

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