Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

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  1. #1
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    Default Child Support Agency - Fraud being committed?

    It's a long story so bear with me.

    My wife has two children from her previous marriageicon. Neither of them live with us so for the last four years she has paid a significant sum each month in child support to her ex husband, in spite of having no contact with her son and daughter.

    Her son is now 17 and over the last 6 months we have been told by three different people that he left school last June and is now working. She informed the CSA of this 4 months ago as she is still paying child support that her ex is not entitled to and it is money that we could well use to support our own 2 year old.

    My wife rings the CSA almost on a daily basis now. They keep promising to ring her back and never do and the best they can offer after 4 months is that they have tried to ring her ex but he never responds to messages and they have written to him but he hasn't replied. Until he does, there is nothing they can do.

    It is costing us a significant amount of money each month to pay child support for a "child" that doesn't qualify but, until the CSA can confirm that he is not in full time education they will not do anything. It strikes me that if my stepson was still in full time education, his father would have responded to letters from the CSA as he would see a good part of his income going down the pan if that was the case.

    The CSA seem powerless. They have told us that they can do nothing until he responds. They can't ring the school my stepson went to, they can't doorstep my wife's ex and challenge him and she has to keep paying until it is proven that her son is ineligible for child support.

    I'm wondering if my wife should go to the police. If her ex is just resolutely ignoring the CSA, knowing that when he gets caught out they will refund us in full and take the overpaymenticon from him in small amounts, it's no big deal to him. What he is doing is however fraud. Her son does not meet the criteria for child support as he is no longer in full time education and is working but his father is still claiming. He is not defrauding the benefits system, he is defrauding US as the money he is falsely claiming is coming directly out of our pockets, not the taxpayers.

    Police or not police - that is the question

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  2. #2
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    Default Re: Child Support Agency - Fraud being committed?

    I don't know about the Police, but if he is committing fraud (and it is an IF, as it's possible that he's on some sort of educational/vocational training course and attending college part-time) then it's worth a shot.

    Have you tried ringing the CSA again and asking to speak with "MC1 complaints" ? They dealt with an issue I had had for months with the CSA and got it cleared up quickly, as opposed to the "helpline" staff who just seemed more mystified than me.

    I wish you and your wife luck, but would counsel you to try and ensure you are on the right track as regards your step-son's position and FORCE the issue with the CSA if necessary.




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  3. #3
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    Default Re: Child Support Agency - Fraud being committed?

    Thanks for that. I'll get her to give MC1 a try. Is it some kind of secret service that you only get to know about when you have ripped out ALL of your hair?

    My point about the police is that they have a duty to investigate allegations of criminal actions and would be obliged to go and knock on his door but we'll try it this way first.

    Incidentally, I don't think you can get a vocational course in cleaning cars in a second hand car sales garage

    Thanks again

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  4. #4
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    Default Re: Child Support Agency - Fraud being committed?

    Has she tried ring the school?

    As an 'absent parent', she is equally entitled to school reports, copy of the pupil file, etc. unless there is a non-contact Court Order in existence.

    Then she can prove to the CSA that he has left school.


  5. #5
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    Default Re: Child Support Agency - Fraud being committed?

    We did think of that Pat but it will only prove that he is no longer at the secondary school he attended until he ws 16. It doesn't prove that he isn't still in full time education which is what we need to show.

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  6. #6
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    Default Re: Child Support Agency - Fraud being committed?

    Have you thought about checking with the Local Authority?

    As your wife has Parental Responsibilty (unless there was a non-contact order) then she has a legal right to this information.

    Perhaps the Local Authority can tell you if the boy is registered at any Educational Establishment? This would also tell you if he is registered on a vocational course or not.

    Worth a Try.




    2007 Issues ALL RESOLVED

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    Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10
    Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination




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  7. #7
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    Default Re: Child Support Agency - Fraud being committed?

    There's no non-contact order. It's a long story but they choose to live with their father and his boyfriend and have nothing to do with us.

    If you are really interested then we have a website. (Totally irrelevant to this topic but all publicity counts!)

    Gay and Married

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  8. #8
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    Default Re: Child Support Agency - Fraud being committed?

    Quote Originally Posted by The cobbett slayer View Post
    We did think of that Pat but it will only prove that he is no longer at the secondary school he attended until he ws 16. It doesn't prove that he isn't still in full time education which is what we need to show.
    The school should know where he has gone onto if he is still in education.


  9. #9
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    Default Re: Child Support Agency - Fraud being committed?

    The CSA have confirmed tonight that they have spoken to my wifes ex and he has said that their son is still in full time education. His word is apparently good enough for them so that's it, case closed.



    I THINK NOT

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  10. #10
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    Default Re: Child Support Agency - Fraud being committed?

    What's now needed is PROOF.

    You really need to speak to the Local Education Authority. If necessary make an appointment to see them.

    I think you may also need to get your MP involved in getting some action out of the CSA. If it can be proven that your step-son is NOT in full time education then his Father has committed fraud. Plain and simple.

    Presumably the Father would lose the Maintenance, as well as the Tax Credits and the Child Benefit. I guess that's a lot of money. So it would fair to assume that if he is less than honest he is going to lie about this for financial gain.

    An utterly ridiculous situation for you and your wife to be placed in though.

    The only way to fight this is to PROVE he isn't at school or in education.

    Photographs of the lad working on a school/College day?
    Call/Visit the local Further Education Colleges to see if he is registered?

    If I think of anything else I will post it up.

    Good Luck.




    2007 Issues ALL RESOLVED

    2008 Issues ALL RESOLVED
    £4,200 in charges claimed back succesfully from a total of 5 Creditors
    2009 Issues ALL RESOLVED
    NEXT Directory - No Agreement, No Further Action **WON**

    2010 Issues

    Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10
    Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination




    My Head is officially out of the Sand

  11. #11
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    Default Re: Child Support Agency - Fraud being committed?

    Less than honest doesn't even start to describe him.

    We're determined to get this sorted out one way or the other. If he is still in full time education then fair enough. I'll keep you posted.

    Thanks for all the help

    Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.
    If you PM me for advice I will only reply in your own thread

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    For the full story - look here
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  12. #12
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    Default Re: Child Support Agency - Fraud being committed?

    Hi
    Don't know if this helps but my son is 16 and doing his GCSEs and I had a letter from the child benefit agency asking me if he would be continuing in fulltime education or not. I had to answer with the name of the course he intended doing and the college he is going to and the dates that he will be starting and finishing.
    You may be able to clarify things if you contact them because if he is not in education they will have stopped the payments for him and if they are still paying but you say you think he is infact working they may investigate it.
    Just a thought.
    Midge


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  13. #13
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    Default Re: Child Support Agency - Fraud being committed?

    firstly Shelly I would like to say that in my opinion you are an extremely stong lady, an amazing lady! (read your story)

    secondly the CSA are a shambles!

    thirdly, unless the courts have removed your parental responsibility then the school HAS to talk to you, get them to confirm in writing if your son is at school or not still, when you get that written confirmation then act on it, treat them the way you did Natwesticon and cobblers!

    all my best wishes

    Morteeeeeeeeee (Rach)

    claim v natwest WON!

    all posts made by myself are without prejudice

  14. #14
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    Default Re: Child Support Agency - Fraud being committed?

    Thank you very much Rach - she certainly is an amazing lady and I'm the lucky sod that's married to her. (It took me 23 years after I first met her to get around to it)

    We'll keep plugging away although I have found something that suggests Shellys son is still at least in part time education but I'm not climbing down yet as it is only a suggestion.

    Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.
    If you PM me for advice I will only reply in your own thread

    Never under estimate your ability. I won over £17,000!
    For the full story - look here
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