What is the CSA’s definition of habitual?

June 2, 2013

I paid cad from 06/1994 to 12/2003. When I received a letter from csa saying stating on the 24/10/03 the case against me was closed due to my ex wife did not return the forms to continue the claim, they had been trying to contact her from June 2003. In Jan 2004 I moved to Spain to live, sold my house and belongings, took what I needed and started a new life in the sun.

In march 2010 we returned to UK to care for my now mother in law as she had bowel cancer. Immediately on return I got a job and worked. In Nov 2011 I got a letter from the cad saying I owed them £13,860.01 CALL TO PAY. So I called to resolve it, I was told the case was re opened in Feb 2004 and I owed csa from Oct 2003- Oct 2008. And we WILL be taking 40% of you wages at source. I agreed to pay £70 per week to stop them taking the 40%

I then had a call from Edinburgh and I told them I lived abroad for that period of time. She told me if I could prove it I could appeal but it takes up to 3 months. I sent my appeal in and received a letter in return saying they had received it on 19/01/12 but as it was over a year ago they couldn’t look at it but I could go to hmct ( her majesty courts and tribunals). So I went there. Some what back and forth and the csa failing to send info 7 times on stated dates we are finally there 17 months later. But now they say if I can prove I was not habitually resident in both countries I don’t come under their jurisdiction. I worked for myself in Spain I didn’t work for a UK based company I didn’t have a residence over here. Only an address I had my bank statements sent to as I didn’t close it when I left. So my question is What is the csa’s definition of habitual? Have they got different meanings to everyone else and common law? Can someone help thanks Gary


  • stuart says:

    Not sure the CSA can backdate that as you were unaware of the claim by the sound of your post, the case was re-opened whilst you worked abroad, Have you had your data files and complained and gone through complaint resolution to ICE ??

    You need to get your file and work out all the errors they will; have made, then complain to your MP they will help speed up a long drawn out fight to prove your innocence.

  • Gary kempsell says:

    Thanks Stuart. I have got my MP involved but they get the same answers as me. They don’t seem to have any more leverage than me against the csa. What is ICE I haunt heard of that. I am waiting on a tribunal date to be heard but how long that takes God, aka csa, only knows

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