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apollord

CSA Maladministration since 2003

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Hi and thank you for reading.

 

I wasn't to sure which forum this should have been posted, my apologies if this isn't correct and please be so kind and point me in the right direction.

 

I'll try and keep it brief as possible but the case has been on-going now for 3 years.

 

Back in November 2003 the CSA miscalculated an assessment although all the information was correct. February 2005 my ex partner (PWC) submitted a complaint to the CSA and requested an appeal which they allowed. My ex-partner returned the completed paperwork December 2005, some 9 months later. I then received notification in the March 2006 from the Tribunal Services informing me that the CSA have re-calculated the assessment and found in favour of my ex-partner and therefore the Tribunal is not required.

 

Now i was under Act 1 as my ex partner and i went separate ways 1996. Due to be on Act 1 my new & current partners income was taken into my assessment as total household income. The November 2003 assessment failed to take into account my partners family benefit of £16.20 per week. This is money she would receive with or without being with me. The assessment increased my liability and was backdated to November 2003 now putting me in arrears.

 

Now with some great help from our local Citizen Advice Service, i placed a complaint under Maladministration as all the information they asked for was provided and therefore there mistake.

 

Now i remember at the time, the gentleman who helped me used some Law or Act that stated that as it was there error and being government, they could not claim the back arrears from me.

 

Did i dream this?

 

In my letter of complaint back in 2006 I did state that the arrears were not collectable.

 

I received both an apology, applanation and told that they will not be collecting the arrears along with £50 for the trouble.

 

I am not sure if this means anything but i was awarded Joint Custody and Care but the family courts in 2000. I mention this as i have been told my payments should have been at a reduced rate as my girls stopped over from Friday night through to Sunday evening tea.

 

i have been fighting the CSA/DWP who decided that i owed money and they want it. The thing is, my case closed in 2014 with a £0.00 balance.

 

Any help is appreciated.

 

Thanks

Edited by apollord

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Any help would be appreciated?

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Hi.

 

I'm sorry you haven't had any replies yet. The CSA forum isn't a very busy one and possibly few people have experience of this.

 

I've flagged your thread for the site team to see if someone can help.

 

HB


Illegitimi non carborundum

 

 

 

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honeybee13, thank you very much that was very kind of you.

 

AP

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Hi

 

If you haven't already done so I would advise that you send them a SAR (Subject Access Request)

 

Have a wee look at this link (go down the webpage to 'Requesting a SAR and have a good read):

https://childmaintenanceservice.direct.gov.uk/site/public/clntfooter/infochartergb/!ut/p/z1/hc5BC4JAEAXg3-LBq_MwE-m2RCQZRYfK9hIa22qsrqyb_v2kTlnR3N7wvWGIU0q8zrpSZrbUdaaGfOLhOYgTFgN-skxYABYm-yg8hMDcp-MILDZsAMEuxhY-AOL_-nxEPi88AX4MA62IS6Xz17uszieRJG7EVRhhvLsZ1oW1TTtz4aLve09qLZXwLrpy8a1S6NZS-i6pqVLcpqpbM8d5AJWY9VU!/dz/d5/L2dBISEvZ0FBIS9nQSEh/#RequestingaSAR

 

This link is for the CMS SAR. (please note before clicking the link, it is an automatic PDF Download):

https://childmaintenanceservice.direct.gov.uk/cmerror/sargb.pdf


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi stu007

 

Thank you for posting. I have already obtained my records although, there was missing documents compared to my file. Whilst i was dealing with the CSA before my case closed in 2014 i kept meticulous records of all correspondence sent and received from the outset.

 

I received a another response Saturday from the complaints team with the normal canned response and completely ignored my questions and comments along with supporting evidence on their own paperwork. I have been requesting for the last 14 months their final response along with my reference.

 

Without this, i cannot take this ICE.

 

AP

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Hi

 

Could you just clarify when you sent the SAR and got there response to that SAR? (reason I ask is you refer to 2014)

 

Note - The Data Protection Act (DPA) has been updated due to the new General Data Protection Regulation (GDPR)

 

It is now the Data Protection Act 2018, couple of links:

 

https://www.gov.uk/government/collections/data-protection-act-2018

 

http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted

 

https://ico.org.uk/for-organisations/data-protection-act-2018/


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi Stu007,

 

The CSA was served the SAR in 2016 following the first correspondence received in respect to their claim.

 

The CSA did respond within a lawful time frame although a large portion of of documents were missing when comparing what was received against the records i kept over the years.

 

I am a little unsure where the GDPR is relevant unless i am ,missing something? :???:

 

My apologies the delay in responding.

 

Thanks

 

AP

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