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   Web Issue 3186 July 6 2008   
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Father wins £16,000 case against CSA
ALISON CAMPSIEJanuary 03 2008

A father took on the Child Support Agency (CSA) and won by successfully challenging a £16,000 demand when a computer error left him unaware of the claim for nearly 15 years.

Colin Roberts, 52, a golf professional from Abernethy in Perthshire, said the CSA left him and his second wife "stressed and frightened".

The bill was suddenly presented to Mr Roberts in October regarding the child maintenance of his daughter, now aged 27. She was born during his first marriage, which broke down in 1986 when his former wife left the country.

While the CSA was alerted that there might be a claim against him in 1993, the authority did not track down Mr Roberts to make an application for earnings - instead surprising him with a demand for the accumulated bill of £16,000 last November.

Mr Roberts, who has been married to his second wife Paulette for nine years, said: "When the letter suddenly dropped through the door, we were frightened. We were expecting the officials to come to the door. Every time somebody knocked for us we thought, is this it?'.

"They way it was handled by the CSA was so cold, so unemotional. It was the first I had ever heard from them and it was treated as just a matter of course for them.

"The stress that it caused for myself and Paulette was immense. We were looking into what we could sell, looking at what meagre savings we had.

"We were so low. I said to Paulette, it is just not fair, I have to fight this'."

Mr Roberts has not seen his daughter since she was three years old, after her mother moved to Spain and he failed to win a court order to allow him to bring her up himself.

As far as he was concerned, he had done what he could to express his wish of taking care of his child and was devastated that the life which he had been forced to lay to rest had been revived. He said: "When I lost the court case, it was very hard. I was broken for many years. I basically had to accept in the end that I was never going to see Charlotte again."

Mr Roberts said that before he and his first wife separated in the early 1980s, he had given her a savings plan which at the time was worth £2000.

Additional maintenance payments had not be discussed, he said.

An automatic investigation can be triggered at the CSA if the mother applied for income support, or if the mother approaches the organisation directly with a claim of missing child maintenance money.

While Mr Roberts may have been liable to pay for upkeep of his child, it would have been a fraction of the £16,000 demand had the correct process been followed at the CSA. But because the CSA failed to properly trigger the claim, he is no longer liable.

Representing Mr Roberts was child and family law specialist John Fotheringham.

He said: "A lot of men buckle when this happens. They will get a loan out to pay or sometimes they just go under. There have been suicides.

"But Mr Roberts challenged this and was right.

"The CSA will point to its computer records, but the computer record is the record of what should have been done, not a record of what has been done."

Mr Roberts warned that problems caused by the CSA "would only get worse" when, if as proposed, it becomes a semi-privatised organisation next year with the authority to confiscate passports and other documents without the need to go through the courts.

A spokesman for the CSA could not confirm any details of the case, but said that the organisation was in touch with Mr Roberts to resolve "any outstanding issues".


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Posted by: Colin B, Bearsden on 1:05am Thu 3 Jan 08
Labour protecting its uselss civil servants again- bribiug public sector emplyees to vote labour
Elish
Obtaining property by deception, blackmail or intimidation are criminal offences -why don't you prosecute the CSA staff in Falkirk? Same reason you haven't prosecuted McLeish or ALexander -Labour and gender bias
Posted by: you know it makes sense on 7:32am Thu 3 Jan 08
Ah the excercise of power by the state. Wonderful just wonderful to recieve a 16,000 pound bill with menaces for child care running back some 13 years for his now 27 year olds daughter.

Sleep easy in your beds subjects citizens because the state only excercises it's powers in a fair and equitable manner and the CSA was only acting in the interests of a child

Only the workshy and the responsibility dodgers would have a concern about this incident.

You know it makes sense.
Posted by: Sam, Glasgow on 11:12am Thu 3 Jan 08
You cannot divorce (sic!) maintenance from access, whilst its done that way to allow the CSA to opertae it creates abominable unfairness. Its clear this experiment did not work and now we want to give it even more inherently unfair powers, dear Gawd.
Posted by: Surviving The CSA State, A Typical Victim on 11:59am Thu 3 Jan 08
I had a similar £15,000 bill put to me by the CSA, for care of a child THAT WAS LIVING PERMANENTLY with me. It was only quite by accident that I found out that my salary was to be arrested, that this was avoided with hours to spare. The tales of CSA cruelty and incompetence were endless, including the receipt of six different calculated assessments of what they CLAIMED I owed for this permanently resident with me child IN THE SAME POST ON THE VERY SAME DAY. They ended up giving me a three figure sum by way of ex-gratia payment as recompense for their admitted"mal-adminis

tration" , a sum which would NOT have paid for the stamps and phone-calls (far less the time and VERY serious distress) that the episode has caused me. I am now unable to work, for the first time in my life (frankly it's doubtful that I will ever do so again), my health has deteriorated very severely throught he stress of this episode , and I have had numerous psychiatric treatments for recurring depression that are impossible to shake off. Even yet, I have recurring suicidal thoughts as a result of a totally bogus claim for state benefit made by my ex-partner which was not investigated by the CSA prior to chasing me without any reason.
I warn any of you in a marital breakdown and who have children,..... BEWARE.
BEWARE the CSA if you are in regular employment, if you have a known address, and if you are on the voters roll . This is likely to be all that the CSA require to begin to pursue you for sums of money (that may or may not be due...and if it is PAY UP NOW .....you owe it to your children and there is NO EXCUSE FOR NOT DOING SO).. However, it will be evident very quickly to you that the CSA will be unable to show you by what calculation the assessment has been made, and that when they do........I GUARANTEE that it will be WRONG.........and when they Re-calculate it........THAT ALSO will be WRONG............thi

s organisation has nor the REMOTEST idea of what it is doing and why it pursues only those it is " easy". (by way of employment and fixed abode) to trace rather than "chase" those truly errant fathers who merely try to skip their rightful responsibilities.
My truly EARNEST advice to any father in such circumstances (and I DO NOT support ANY parent who fails to support FULLY his children, indeed I ABHOR such individuals) is not to correspond with the CSA, do NOT supply them with information on the seemingly-benign form, do NOT accept if you possibly can avoid it,any correspondence from them, challenge every letter you HAVEreceived, ask for EVERYTHING to be explained (calculations, "by what legislation etc",) and be sure to ask to see what files they hold on you under the data protection legislation.........

....the results revealed by these tactical routes will doubtless AMAZE you with their lack of awareness and the truth of the matter for which they have chosen to make your life a misery.
Anyone reading this far will doubtless be aware that I am extremely bruised by this episode, by I am sure that it is NOT unique to me. However, there IS help out there, and the CSA CAN indeed be survived if not beaten. By all means take them on, but be prepared for a long and unequal struggle against what is a very powerful organ of the British state, and if you are genuine in your case (as I know I was) .
I WISH YOU WELL. ........I wish you well through all the black days that lie ahead, as they surely must. ..............I wish you well, in the endless and infuriating frustration of dealing with a monolith who at every turn, referes you to YET ANOTHER person who knows NOTHING..ZILCH...ZER

O...about your case (beyond what they can gleam from a computer screen either wrong or out-of-date) ........I WISH YOU WELL as you continue the daily grind of trying to hold down a job and keep body and soul together while this whirlwind of state ineptitude hurls threats around you and at you...............an

d I WISH YOU WELL, if you are "strong and un-bruised enough" to attempt to even TRY and form another relationship. Your prospective new partner will have to be a very special person to put up with your mood swings, reclusiveness, bouts of depression, possibly suicidal thoughts (hundreds have taken this route before you) and bouts of frustration-driven anger at the sheer incomprehensibility as to why this bottomless pit of government insensitivity and ineptness should have knocked on YOUR door.
A strong person might just make it, ...................a

s for me??.........it's only been going on for almost nine years ...(Yes...NINE years) ...and even yet it may be a tad too early to decide the outcome.
I wish you well
Posted by: John UK, Midlands on 6:08pm Thu 3 Jan 08
I am seeking a woman to have second child with who will then clam against me via the CSA. This will result on me being transferred to the new system and will save me £100 per month. I have actually had this conversation with the CSA and it is true, fortunately I don’t want to bring a second child it to this sick world. I have estimated that will have paid over £120,000 to the CSA by the time they have finished with me.
Posted by: Colin F, Scotland on 12:43pm Sat 5 Jan 08
I only wish the DWP / CSA were such a streamlined organisation. Automatically you are categorised as a "responsibility dodger" for being in debt to these people. I have dealt with them for 10 years and was told in 2001 that I would be put on to the new system, I'm still waiting ( Iwas told in 2002 that this was because they purchased a new IT system for millions of pounds which didn't work, is that my fault???)and I have lost three jobs due to the ridiculous amounts they demand. I have vowed to myself that this year they will not break me. If you would like to share your horror story please contact me at clearsolutions@fsmai

l.net as I am not allowing this to happen again to me or others who know they have a responsibility to their children (Within Reason)
Posted by: Mike, Suffolk on 9:16pm Mon 21 Jan 08
I had a similar case. I was assessed under the "Old" system and despite making a generous divorce settlement with a clean break agreement, I ended up in debt to the CSA. They would not take into account any bills I paid on my other halfs benefit while we were separated which amounted to more than double the agreed child maintenance.
Then after the divorce the CSA then decided to assess my rental income from properties that were part of the clean break agreement. The properties were negative equity at the time of the divorce so she was happy to let me keep them! The problem was that as well as taking a good chunk of my salary the CSA refused to leave me with enough to pay the capital on the commercial mortgage for the properties. Only the interest. This put me in arrears and I was forced to sell up quickly to avoid repossession. Fortunately the market had improved and I was left with enough to pay the mortgage arrears and CSA arrears due to the delay in the assessment.
The stress of it all including access problems...eventuall



y led to me leaving my career and taking a slower pace of life in a smaller job with less stress and less money. Eventually I was nil assessed due to 2nd family committments.
I was not surprised when the ex-stopped the claim as the paperwork was a bind.
Then 18 months later I received a call at work from the CSA telling me I was again thousands of pounds in debt and that a new claim under the "new" system had been started 12 weeks after the 1st one closed and I had to pay a percentage of my salary for arrears and payments.
Payments started to come out of my salary again, including arrears. I was really depressed and angry.
In the end I appealed and appealed. I discovered that all the paperwork of the new case had been going to another address (including appeal papers) despite the fact I had not moved in 10 years and they had always had the address. The Tribunal did not seem interested and I lost all appeals as there did not seem to be any law broken.
I am now awaiting a CSA complaint result. Its based on the fact that the CSA could not have followed proper procedure as I never received any communication from them until the phone call at work. And a shock it was too.
The CSA claim that someone spoke to me on the phone telling me of the new claim. Lies. Despite four requests for copies of their documents and conversations which they promise. I have never received any.
The complaints dept. said it would take 4 months to get to the bottom of it all. I do not hold much hope.
What have they achieved? They have managed to destroy my career. By now I would have had a substantial private pension and property investment which would have been worth a considerable amount by now. The increase in rental income alone would have been more than enough to pay maintenance and to supply me with a pension in my old age. I would have left the properties to the children at the end of the day.
I now rent and have received benefits for the last 5 years to top up my wages. I never needed them before! Of course my ex-now owns 2 houses with her third husband.
What good is to become of it all? Maybe there will be an inheritance after all! I have 8 months more payments to make and then only arrears to pay off. If I win my case the CSA will owe me thousands of pounds. I won't be holding my breath though : )
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