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Liability Order Hel...
 
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[Solved] Liability Order Help!


Posts: 3
Registered
Topic starter
(@mulletmeister)
Active Member
Joined: 12 years ago

Hi all, new here so will keep it short and sweet.

After two adjournments, the CSA finally got their wishes and the liability order was granted. I have been fighting this for four years now and I am at the end of my tether.

I made the mistake of going self employed. I had to as no one was willing to employ me due to my BiPolar disorder.

I informed the CSA of this. My first years tax returns showed £3000, which put me in the lower payscale for CSA. They condensed my years income into 3 months! I ended up with a calculation of £27.00 per week somehow. I appealed, and completed yet another Form 720. I was then assessed at zero. Two months later, it went up to £27.00 again, with a DEO to a company I no longer worked for! Anyways, after fighting this up until 2012 I finally got through (by letter) to someone promising to sort it and let me have the bank account number for a standing order. Guess what? Nothing!! 14 letters of complaint and still nothing! Finally got a liability order through the post. I requested my local court, denied. Dragged on a 40 mile round trip twice for adjournments, and finally got my local court. Liability Granted despite the fact that it is incorrect. I forwarded the magistrates a letter from the CSA stating that they had maladministered my case, and offered me a derisory £25.00.

How can they award a liability order when the CSA admit they have messed up? I told the magistrate that I was not refusing to pay, I was questioning the amount and the way in which the case had been handled. Deaf ears all round. I also have my data print from the CSA, all 1500 pages of it, and the errors are amazing. 14 times I complained and asked for reassessment, yet NONE of my letters are in it!

What do I do next? How do I write a correctly worded letter asking for a set aside?? Is it worth it??


7 Replies
7 Replies
Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

To and see your MP ASAP...you would be surprised what they can actually do....you should be able to get an urgent appointment to see them.

Everything in your situation is worth trying....I don't know a lot about the CSA side of things...you might think about appealing the decision to give you more time.


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Registered
(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

"Nanny knows best for a reason"

Contact your MP - basically ring his constituent secretary and ask for an urgent appointment (<2 weeks)

Put in an appeal to CSA so at least there is a hold?

How much do you anticipate the differences to be?


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 Mojo
Registered
(@Mojo)
Joined: 12 years ago

Illustrious Member
Posts: 8551

Yes agreed contact your MP!


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Registered
(@mulletmeister)
Joined: 12 years ago

Active Member
Posts: 3

Hi all. Thanks for the quick reply. I have made contact with my MP and he wants all the detail relating to this. He also raised a point that the CSA had persued this as a debt. The presenting officer for the CSA included NO papers showing how they had arrived at this amount, despite my request for such. I need to go through my MP as he is willing to forward my case to the Parliamentary Ombudsman with a view to Section 6 of the fraud act, as the CSA cannot (or will not) supply information about any monies paid. I know for a fact that they haven't paid anything out. They have also breached Regulation 55 of the Child Support Act by leaving me less than nothing to live on and feed three children that live with me!

I hope we can get to the bottom of this as it is starting to affect my mental health, which is never good when you suffer from BiPolar disorder.

Thanks for the replies and I will keep you posted.


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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I am so glad you are going to get help from your MP with this, hang on in there and don't forget to come back and keep us updated!


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Registered
(@mulletmeister)
Joined: 12 years ago

Active Member
Posts: 3

Well, the MP has dropped it like a hot potato! The ICE are still investigating and won't have any decision for a while due to a heavy work load ( not surprisingly ).

After reviewing my Data file from the CSA and the missing information, I have now passed a data protection act complaint to the ICO for investigation.

I have also written to the court requesting a 'set aside' due to the errors and inconsistencies. I have pointed out that in case law it has been proven that 3 criteria have to be met to award a set aside. My case appears to meet all three, ranging from incorrect amounts claimed, proceedures not followed and finally the failure to provide the full evidence which could have aided my claim for dismissal. The presenting officer failed, when requested, to provide the evidence they held, and strangely enough, I didn't!!

I now wish I would have remained at the previous court address. If they had awarded it there, I could have claimed it was NOT my home court!! [censored].....Missed that one!!


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 actd
Registered
(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

Why has your MP dropped it - or is that because of the ICE investigation?


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