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The CSA are taking money without even telling me – is this legal?

16 May 2013 by David Taylor

whilst waiting for the end of the tax year to complete my books to send to csa to calculate my payments the csa went to court without my knowledge, gained an order to take funds from my bank, took the money and then sent me a letter dated 1 day after they had taken the money to tell me theyd taken it, is this even legal?

56 thoughts on “The CSA are taking money without even telling me – is this legal?”

  1. no this is not legal and chances are they never even took it to court, they make up their own court paperwork or they never told you about the court and said you failed to turn up and the court awarded the claim to them, then they would have had to tell you what the outcome was, made you pay it and if you did not pay then the court would then take the payment. you have to have notice which the csa dont do, but try proving why you never turned up for court even though you never even knew about the court date , time or even if it really did go into court.

  2. This is theft, you need to apply for your data file, it.costs £10 money well.spent, then you need to make a.complaint and try and reclaim it back from them, make a stand and dont let them bully you, it is illegal what they have done, get your mp on the case amd get the ombudsman involved, keep the letter they sent amd a bank statement which will.prove they have defrauded you, good luck

  3. it sounds like the agency have issued a Deduction Order to your bank, thisis one of the enforcement actions the agency can legally take if there are arrears on a case – you have 28 days to make representation to the agency as to why you should have the money returned, if the agency do not feel it appropriate to return the money you then have a further 28 days to lodge an appeal in court

  4. The CSA legally have a right to make it known to the person.beforehand that they are taking money from the said.persons banks account, thats THEFT, its also FRAUD, Alice why not help these people instead of trolling here giving shit answers, the agency are known for being theives even the staff are known fraudsters and theives, stealing childrens money,the fact that the csa took the money and didt notify is grounds for refund and compensation, arrears turn up on.peoples accounts so staff get bonuses performance related of course, the more arrears the better the bonus, is this making sense to all now

  5. Alice,

    Went to court without thier knowledge are you seriously saying this is legal for the CSA to do this?

  6. Alice as a CSA employee when they remove the brain does it hurt? That aside is it legal or are you again giving false information can you provide a link to the legislation you quote? is it not published?

    Did you know Alice in a five year period the CSA made errors on 50,000 cases.

    As a result of these errors it cost the tax payer 17 million pounds to compensate the victims.

    You should be carefull as a CSA employee giving wrong information as public funds are at stake.

    Look forward to the link, or have you just made it up.

  7. Alice,
    If I am not mistaken, and correct me if I am, this is monies gained through deception is it not???? in any other case it would be. However, am I right from what you have written, that the CSA can legally TAKE money from ANY ONES bank account without there knowledge or consent and then tell them after the event, as is in this case,
    then tell them if you don’t like it….YOU can always make a claim to get it back if you want to try…in so many words

  8. David,

    Since August 2009 the CSA has had the power to make deductions from bank/savings accounts WITHOUT the need to apply to the court or with the consent of the NRP.
    Such deductions can either be regular or made as a lump sum payment.

    As has already been advised – you have 28 days to make representation to the agency as to why you should have the money returned, if the agency do not feel it appropriate to return the money you then have a further 28 days to lodge an appeal in court.

    Are the arrears on your case correct?

    chall

  9. Chall,

    So you say it is perfectly legal for the CSA to go to court and not inform the person and then remove money from their account with no warning?

    As Alice has run off maybe you can provide the link to this law as i am sure ther has to be some form of dialogue and proof/liabilty of debt before CSA can just decide to dip into your account?

  10. @ Stuart, don’t be fooled by ‘chall – afairercsaforall….. Lol she and Alice are tarred with the same brush…. They are both knowledgable but both are selective with the information they provide, the only difference is that chall gets nasty when anyone questions her answers too often!!

  11. It amazes me how Alice and other CSA folk read posts differently to the rest of us

  12. If it is legal then fine i will stand corrected but no-one mentioned arrears in the original post.

    Would like to see the link as I am sure there will be some legislation to protect the bank account holder, rules CSA MUST follow before this action is taken.

    Post was a bit brief but 2 people say its legal so would like to see it in black and white.

  13. The Csa like any creditor is entitled to go to Court to get an order to make you pay. It, like any other person/company is required to give you at least fourteen days notice of the Court hearing, and you are fully entitled to show up at Court and enter your defence. If you chose not to show up, the the Court is entitled to make a default judgement in you absence. The question is, were you given fourteen days notice of the hearing and were you then given a fair hearing. If not, then if the Court failed to give you a fair hearing then it is in breach of both British law and European law, the Human Rights Act. If you were not given a fair hearing then you must, within thirty days, file for a Judicial Review in the High Court for the Order made by the Magistrates Court to be set aside. The biggest problem with all these cases is that most people just choose to ignore the summons to come to Court and enter a defence, and as such choose to allow the Court, in their absence, to make a default judgement, making a liability order and giving the Csa the legal right to send around bailiffs to your property to cease your possessions and/or to cease money directly from your bank account. NEVER ignore a summons to appear in Court. You do so at your own risk, no matter who the creditor is. If you did not receive notice of the Court hearing then you need to make an immediate application to the High Court for the Order made to be set aside.

  14. I too would appreciate seeing legal documentation that categorically states the csa can remove a member of the public’s money from there bank account and, more insidious, take a case to a court in this land without the knowledge of the RESPONDENT involved. If that is the case, as it seems, when it comes to the csa, then god help this country…. guilty without trial….I always thought in law it’s innocent until proven guilty……silly, silly me

  15. Soooo Alice or Chall or anyone

    Is there a link? I am sure the CSA can do this IF following procedures prior to this course of action.

    However the poster states they went to court and did not inform him.

    Is this legal too?

  17. Yup just as I suspected there are many mentions in there of considerations the CSA should take before this is allowed.

    From the original post it appears he recieved none of these considerations.

    The CSA have a poor habit of interpreting legislation wrongly, It says they can do this so they do it.

    It says you need to consider this, and they don’t. Thats why so many errors and so many millions paid out in compensation.

    S yes they can do it but first have stuff to consider. from the original post the consider bit has been omitted by the CSA.

    In my opinion of course.

  18. @ Stuart… 🙂 I’d love to know all the ins and outs of the CSA and be able to give constructive ‘legal’ advice but its just not going to happen lol lol however, I will always try to open people’s eyes to some of the ‘advisors’ ‘selective’ advice and highlight what lying cheating scumbags the CSA and its staff are… 🙂

    I like to put my 2p worth in…. 🙂 x

  19. Sally,

    Every time I read the law regarding CSA, it seems the case worker just reads the first few lines and says we can do this.

    If they keep reading there are many things to consider, The Action is a last resort if all else fails. which they are entitled to have i believe to secure payment if all else fails, It is when the act get it wrong and the families and tax payer foots the bill because some clerk did not follow the process. In many ways it is fraud and causes undue stress and hardship that reasonable considerations and dialogue could prevent.

    But the CSA are not keen to operate an open and honest policy so mistakes and cover ups go on.

  20. a deduction order does not require the case to be taken to court – that is only required if it is a Liability Order

    Deduction Orders are not only an enforcement action used by CSA, many local authorities use them to collect unpaid council tax

  21. But you are told to go to court for a council tax debt and can attend, Are you saying there are no dialogue or actions warned of before this can happen?

    I feel you are being economical with the truth again.

    You can not just do this with no warning

  22. and anyway Alice the poster said they had gone to court, have you read the post or just gone into defence mode by answering something else as usual

  23. Deduction Orders are not done by general case workers – there is a specialist team within the legal enforcement dept who administer them, they will only proceed if the various steps and arrears warning letters have been sent to the NRP. If an NRP lodges an appeal at court and they are able to prove that the relevant correspondence was not sent the court will rule that the money must be refunded to them.

    The money is held by the NRPs bank until the time for representation and/or court appeal have passed.

  24. @ Alice, surely the CSA must notify the victim in advance to allow them to dispute it?? Or is this the point where the CSA staff lie and say the tried to contact the NRP?? So that they can go ahead and enforce a deduction order….

    Council tax is one thing and easy to dispute because its a fixed amount per band…. There is no limit to the amount the CSA can steal from the NRP by abusing their position with lies and theft!!

    @ Stuart, exactly as you say… The CSA do not work an open or an honest policy, it wouldn’t be worth their while as they would be out of business within 6 months… Lying, cheating and deceiving innocent people is far more financially viable…. Bonus mean more than morals and decency….

    Alice is quite clearly proud of her role in all of this…. Says a lot…

  25. There you go got there in the end Alice, There are procedures before this can happen.

    Now in posts please ensure.

    You read the post

    You answer the Question asked

    You give good advice do not ignore procedure and all the law.

    Then you would not be accussed so often of giving wrong information

    It is all we ask the CSA are open and honest, Try it it makes life better for all and shows that redress is available if CSA failed to follow procedure again.

    Thank You

  26. Your opening line should have been……..Do you have arrears on the case? then…Was you warned of arrears action being taken against you?

    But your not here to help are you just to soften the criticism.

  27. the question was is this legal? The answer is yes it is legal if there are arrears on the case

  28. No Alice where did he mention arrears, you never asked you assumed, CSA all over.

    It is only legal if certain procedures by the CSA have taken place.

    One day you will accept your wrong.

  29. Alice

    Alice
    A simple yes or no if my kid was at collage 150 miles away stayed ther 5 days a week my ex was in recite of child benifit because of this and he stayed with me for the othe 2 nights would I still have to pay my ex 15 % of my wages minus 2/7 deduction for him staying with me for the 2 night a yes or a no thank you ?

  31. You should have reported the taking of money from your bank to the Police immediately as this was theft. In addition you should have immediately notified your bank that money had been taken from your account without your authorisation and that you holding the bank liable for its return. This will then need following up. And, write to the Csa detailing the theft of the money from your account and that you are demanding its immediate return, and at the very latest within seven days, or you will be taking further action against them. This will similarly need following up with threats that you will be taking any action that is necessary to make them return the money, including the use of bailiffs to come to the offices and/or their homes. Do not allow them to get away with this theft.

  32. Wilf

    Like I said before if you can offer no proper advice why post? CSA workers come on here and show themselves up to be honest, why do the CSA pay you guys to do this, Is it because you all know full well that your methods are dubious to say the least? Poor comment from you above Wilf and given the contempt it deserved.

  34. Wilf

    I can’t spell so fuck I am dyslexic is that ok ? I still earn a good wage that the CSA have embezzeled for years .Witout the spell check I would be goosed and chall during the holidays he stays the weekend with me !

  36. Peter – the bank will be holding the money pending further instruction from the CSA, a Deduction Order is a legal action that the CSA are entitled to impose if the NRP has arrears on their case so the bank will not refund the money to the NRPs account unless the CSA cancel the Deduction Order or the NRP wins an appeal in court.

  37. Pmsl of course it is illegal. If they took you to court and didn’t inform you they were doing this then it is simple. It’s fraud. No matter which way you look at it.
    Every single person in the uk have the right to defend themselfs in a court of law. That is the law.

  38. Well done Alice you say CSA take money of a NRP even when they don’t stay with the PWC what a fucked up system and no wonder it breeds hate and contempt for the organ grinder and there monkeys !!!!!

  39. The Csa cannot take money from someone’s bank account unless it has the authorisation of a Court. So if a Court has failed to give someone a fair hearing, which in the majority of cases Magistrates don’t, then the order can be set aside. The Csa abuses the Magistrates Courts system with time after time the defendant not being given a fair hearing. Magistrates do not have the power to make an Order for more than £5000, this must be done at a County Court. There is, unfortunately, a long history of Magistrates, when it is the Csa, failing to give fathers a fair hearing, which is in breach of procedures set down by the High Court. Fathers have even been sent to prison, illegally, because Magistrates have failed to comply with the proper procedures laid down by the High Court. It is time that Magistrates who act solely on behalf of the Csa and fail to comply with both the fundamental right under British Law of a right to a fair hearing, and under European Law, the Human Rights Act, were put in prison for contepmt.

  40. I believe that Chall has provided the link to the section of the Child Support Legislation that details that a Deduction Order can be issued to bank if the NRP in question has arrears on their case.

    This shows it is legal.

  41. Quote Peter ‘The Csa cannot take money from someone’s bank account unless it has the authorisation of a Court. ‘

    Unfortunately, you ARE incorrect !

  44. @ ‘chall ‘ fairercsaforall’ who’s partner OWNS his belongings and ALWAYS will….. Hahahahahaha it is…you are quite correct “it is” a FACT that we all laugh at your pathetic effort to give advice… Under the FAKE pretence of… ‘Helping’ people…

    We… The victims … Have nothing to do with you… You are not a victim, you are a CSA robot…

  45. Chall

    If it immoral why not become a whistle blower and bring down this corrupt agency and leave a legacy you could be proud of rather than a CSA robot !!!

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