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Dear Sir / Madam,
CSA made an initial assessment for my daughter maintenance and ordered me to pay £131 / month. My ex wife won a variation and the Tribunals found that CSA was wrong in excluding my occupational pension and the arrears was set at £26,000. I asked the CSA to make a new assessment b=due to change of circumstances. The arrears went down to £14,500, then to £13,200 and finally 1£11,500. after repeatedly challenged them. Finally, I agreed to pay £6,000, in case they withdrew their the deduction from salary order. I did pay the £6,000 in full by using over draft facility, credit card and loan from friends. The deduction was withdrawn. I am still disputing their figures and refusing to pay any further money as first I do not agree with their calculations and secondly I demand that the CSA should take responsibility for their error in judgement in the first instance. They refused and threatened contacted my employer again for a new deduction from salary order.
During the first contact with my employer CSA had made statements in writing (libel) and slander remarks (by phone) which in my opinion are considered as defamation of character by accusing of me lying and producing forged documents about my sick leave and operations. Although CSA did accept that I did not give wrong information and all the documents provided to them were genuine, they so far have refused to apologise to me
My question do I have any legal ground to sue the CSA for the stress they caused and for the infringement of my human rights. I work as a doctor and unfounded defamation of character is a serious matter.
Faithfully Yours,
M Malik
As a lay person, I would say that you have grounds, but you need professional advice from a solicitor qualified in that area of the law, who could assess what the CSA has said and the documents you hold, and the value of any claim that you might be able to put in. The problem is that defamation is horrendously expensive - you are talking, most likely, 6 figure sums, and if you lose, you would probably be liable for the CSA's legal costs. People have gone bankrupt and lost their houses trying to sue for defamation or slander, and the stress will make what you have gone through seem like childs play. I've heard of a case in the past where even though one party won in court, they were awarded a nominal amount, so even then, they lost out. There is also the possibility that if you run out of money half way through and have to stop, the CSA could then pursue you for their legal costs
I'm not saying don't do it, but I am saying make absolutely certain that you know the possible consequences if it goes wrong.
However, having said all that, have you spoken to your MP? They have the ability to raise a complaint against the CSA at a higher priority than you can, so I would get all of the facts (bullet pointed) and see your MP to ask them to take up your case.
Hello,
To complicate things further with CSA , I have received yesterday a letter to inform me that that my ex-wife has now asked CSA for "Reconsideration Request" to reconsider the new assessment (suppression) for a new assessment I had recently made.. So the saga is continuing for ever and no end insight..
Any one knows what a reconsideration request means and what documents I need to send to CSA.?
Yes my MP was involved and she was really helpful, without her I could not have reduced the alleged arrears from £26,000.to £11,000 However, CSA after initially pretending to solve the problems I am having with them, the MP had then closed the case. Now the CSA has gone back to their nasty ways and they have re-started using the same threatening language. I have already paid £6,000 as a lump sum to get rid of their threats.
Regards.
M Malik
I've not heard of one of these.
I'd go back to your MP again and ask her to reopen the case.
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