csa summons

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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lazarus
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Joined: 05 Mar 2016 00:18

#1 csa summons

Post by lazarus » 05 Mar 2016 00:28

I have received a summons that the csa appear to have issued themselves, I emailed the magistrates court and received a response advising the case should be dealt with by the civil courts as its not for the magistrates court to deal with.

less than a week after this i get this summons, I contacted the clerk back and he says yeah they are signed by his admin assistant, is this legal under the magistrates court clerks act

in the interim i have filed a defence as i do not owe the money and have actually over paid csa, i have filed four appeals with the csa dating back to 2010 all of which they have ignored. i placed them on notice i would pay under legal protest due to stolen documentation being used to form the calculation.

I have filed a counterclaim, but when i went to serve the courts with the papers the woman behind the desk had no idea what she was doing, she says they dont normally get a defence and or issue receipts for the documents.

obviously i insisted on a receipt, what happens in these things as i understood magistrates are criminal based cases,

could i class the allegation as slander and or defamation.

anywahy, any advice would be great. thanks

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Schedule 12
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#2 Re: csa summons

Post by Schedule 12 » 05 Mar 2016 09:20

If the CSA is applying for a child support liability order then you don't need to attend.

By attending, the CSA will show you as acknowledging the liability. That stops you making a section 14 statutory declaration to kill the liability order.

The magistrate does not have a power to question the CSA how the child support liability arose. Section 33 (4) of the Child Support Act 1991.

To question how the liability arose. You can ask the Independent Case Examiner to look at how the CSA created the sum claimed. If the sum is wrong then the liability can be amended, or quashed completely.

If you use a solicitor, then you apply for a defendants costs order at the Magistrates Court that issued the liability order. Use Court Form N244.
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lazarus
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Joined: 05 Mar 2016 00:18

#3 Re: csa summons

Post by lazarus » 05 Mar 2016 10:29

thanks for your reply, where does it state within the act, by my attending i acknowledge the liability. this section 14 refers to a person not knowing about the summons.

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Schedule 12
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#4 Re: csa summons

Post by Schedule 12 » 05 Mar 2016 11:34

If you attend your Liability Order hearing in person, the CSA Court presenting officer will make a file note that you attended, and thus, know about it.

That prevents you making a section 14 statutory declaration.

That is why nobody turns up to a CSA Liability Order application. Section 33(4) prevents any defence being considered by the court.
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lazarus
Posts: 3
Joined: 05 Mar 2016 00:18

#5 Re: csa summons

Post by lazarus » 05 Mar 2016 23:43

if nobody turns up that would mean the liability order is granted? i have also requested sight of what evidence the dwp have submitted to the courts, my case is different than most due to stolen data being used by the dwp.

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Schedule 12
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#6 Re: csa summons

Post by Schedule 12 » 06 Mar 2016 07:54

No point in doing any of that.

A liability order hearing is not a hearing at all. It's kangaroo administration.
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Author: dealingwithbailiffs.co.uk

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