Taking legal action against the CSA
May 14, 2012
Well im goin legal now, had enough, i opened two cases on january 9th. One of the cases has now gone to enforcements team, (although they cant tell me how long that will probably take). Im a single mum and sinking into poverty fast.
The other case which in fact was opened the same day against a diff dad they lost the information too, lmao a clerical error. So this dad has not recieved any correspondence up to date. The new claim team called me 3 wks ago, wanting the info all over again, so frustrated i asked them who is liable for the arrears seeing that i give this info back in jan.
Last Friday i received a call saying they found the info from jan 9th claim and passing it to new claims. I have phoned them today asking for an update and if they have sent the dad any correspondence.
Was put thru to a case worker who said this needed sorted and would get back to me later on this afternoon. Guess what, no never!!! They didnt call. So ive decided now to go legal tomorrow, i have a claim against them for arrears ( coz they lost the info) and fed up of waiting, wots it been? over 16 bleeding weeks and not a single penny
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Amanda,
The CSA state; “In most cases the CSA will let you know if you can get child maintenance within 12 weeks of applying. Sometimes it can take up to 26 weeks…”
It is frustrating, but the agency do not owe a duty of care and are still at present within their estimated timeline.
chall ~ afairercsaforall
Once you have started legal action you DO NOT deal with the CSA by phone, only in writing.
It could be prejudicial against your case.
Best of luck!
Let us know how you get on.
I have been battling to get child maintenance from a non compliant father of my 3 beautiful kids since 2009. He has played every trick in the book to not pay and now owes me in excess of £20,000. I And my partner have run up huge debts that I am now unable to pay due to this.The ex has now declared he is on benefits and I am sick and tired of the endless calls to the csa which have got me nowhere. It is a circus of endless useless advisors who tell you something different every time you talk to them. I have achieved a liability order for 2009, which has taken over a year, and ended up with baliffs agreeing a term of payment. This is now I am told not going to happen due to the ex receiving unemployment benefit. They are powerless I am told.! The whole system is a huge Joke! I have made complaints against them by letter which have had responses but no action has ever been taken. I took advice from the csa Options service to get a maintenance payment assessed and established as my ex defaulted on the court Order. I have since found out that I would have had more rights if I had stayed within the judicial system.Do Not Take The Free Advice Offered By CSA Options Service In my case it has created a whole load of new problems with ever Increasing stress Levels. Whilst this has been going on my new partner has had 2 major ops for Cancer and we have been struggling financially. The CSA have no interest and are not helpful. I pray That we receive all the money we are owed, But I do not have any faith In the CSA at all.I find it outrageous that the CSA are supposed to be there to support the parent with care. PFFFFFFFFFFTTTTTTTTT!
I have been battling with the CSA for 19 years!! My son is owed £20,000 but since he turned 18 years old they (CSA) wrote to say he would not be getting any more money (not that he received much anyway!! I contacted them (yet again) and they were ‘shocked’ at how much he was owed (even though I had emailed them numerous times and spoke on the phone) so they said the ‘enforcement’ team will deal with it. I then received a letter stating £550 per month was to be paid to pay off the arrears. I asked the CSA to pay the money into my son account since he was 18. After 4 months I received a payment of £195!!!?? I have not received anything since. My son is now 19!!! I have wrote to them asking why payments have stopped but have had no response!!!! I want to take legal action but don’t know how as can’t afford solicitors fees, nor can my son!
The route i took with the CSA was to get my MP involved and also ICE (independent case examiner) I got some joy with this.
I’m a dad and quite happy to pay my ex-wife(what I cam honestly afford), the issue I had was that I was on JSA but made effort to get a job;but the CSA would not take into consideration the £160 per month for oyster.
The wages were so low the £160 a month mage a massive impact with everything else and made the job untenable. My point was that would it be better to pay what I could actually afford maybe £40 a week to start, than the the £5 a week from my JSA?
The CSA would not budge an inch stating that no variation to the 15% of net earning could be made- this was law.
I asked them the exact name of the Law and date it came Into force , at the time they made their judgment; so I could check for myself ,far they have not been able to tell me!
By pinning the CSA down with questions and making requests such as for their service standards documentation, they have admitted all sorts of mistakes.
I’m also ready to use any legal action. probably the best thing we can do (all of us ex-wives, ex-husbands) is petition for some flexibility in the law. if the CSA bothered to pick up the phone and ask my ex-spouse if she was prepared to consider less than 15%, she would now be getting more than £5 per week.
At the time I considered it a mistake to phone her, since the CSA hinted not to bother my ex in anyway. i.e i was concerned they would cry harassment.
A petition could be made via the Government system of e-petitions or through somebody like http://www.change.org