[Solved] CSA Tribunal - Disclosure

Back again.

After many months of waiting an too-and-froing I finally have a date for the hearing in the next few weeks. Despite reasoned and proved arguments to withhold information from my ex (but offering full access to the court on numerous occasions) they've denied the request, and as such I've had to withhold the info due to DPA and subsequent prosecution I could face if used maliciously by her - I'm still subject to a campaign on online abuse.

So, if anyone has been through one of these hearings, I'd be really grateful for any words of advice or what to expect. I've employed a McKenzie friend to go with me, but that's really about all I have in my arsenal on the day. The fact is, I don't earn what she thinks I do, and my lifestyle isn't as lavish as she imagines. I had no choice but to withhold my bank statements, she could and would have ruined me and I've proved that to the court already.

I have little to no hope it'll go my way on the day, even though I'm telling the truth and she's provided no evidence to back up her ridiculous allegations.

Help!

🙁

Hello LosingTheWill,

It is just a thought but is it worth going through your last three years of accounts with an accountant prior to your hearing?
He / she could cast a "critical eye" and give you confidence by confirming everything is accounted for correctly. On the other hand, they could spot something that may leave you open to questioning by the panel. That being the case, you would then be fore warned and be able to have an explanation readily available on the day.

Obviously you would need to be totally open with the accountant regarding all aspects for him to appraise the dreadful situation in which you have been placed.

Thank you

Fortunately my accounts aren't that complicated, I'm a sole trader, running a very small business and the majority of my expenses are in travel, plus the usual office and equipment stuff. I self cert and I'm confident it's all in order. The way I'm being treated by the court would make you think I'm Starbucks, which is about as far from the truth as it's possible to be.

It's constantly on my mind which means I'm struggling to concentrate on my business - what's the point if it's all about to be taken away?

Well, it happened. The most uncomfortable 90 minutes of my life, and the ex didn't even have the guts to turn up.

So, because of the lack of information on the internet about CSA Tribunals, here's how it went down - I took a McKenzie Friend

- McKenzie Friend presented a position statement to Judge pre-hearing, setting out facts and what I was prepared to offer.
- CSA rep presented his case to Judge and reitterated why they'd rejected ex's appeal originally
- Judge not happy I hadn't sent bank statements, and clearly hadn't read the full bundle of paperwork due to several things he said.
- The defence of non-disclosure through Data Protection Act held firm
- An independent finance office, a lady in this case, forensically went through my tax returns, expenses, and expenditure sheet
- I answered all their questions, and it all added up as I said it would.
- The CSA man had nothing further to add
- My McKenzie Friend stepped in to reiterate the facts of the matter

And that was it.

It was awful, and I'm very very glad I took a McKenzie Friend to have my back throughout. They were trying to give me rope to hang myself, but as I've nothing to hide or lie about, they couldn't - everything checked out.

They don't make a decision same day, they never do. It's discussed after and letter sent following day. It arrived this morning.

So, while it's not great news, it's not bad news either. Her appeal has been allowed, but, and it's a big but, the panel believed everything I told them and proved, and my payment will now be reassessed on my latest tax return for 14/15, which is fine, and as I would expect anyway. This should have been done by CSA on 31/1/16 but they haven't done so, and as such, I've not been paying quite enough since.

What this all means in a nutshell is that after 2 years of heartache, stress and worry, my awful ex will receive exactly what she is entitled to under CSA calculations as she has done since we split up, and it equates to another ... wait for it ... £6 per week. Thanks to the CSA being useless, I do expect a small arrears bill of around £500 as the payments are backdated to when the appeal began, which is a little unfair - though this is obviously all to be confirmed with them. HMCTS have passed it back to them to do the recalculation.

Absolutely dreadful, and while not 'a win' as such, the Tribunal made the decision I hoped they would based on the facts alone and none of the b*llshit.

Knowing my ex, I doubt this is an end to it, while I'm sure she's feeling really pleased with herself today and expecting a huge lump sum in back payments, once she does the maths she won't be quite so smug, but I can hold my head high now knowing the law is on my side and I've done the right thing by my daughter.

As an additional bonus, she's about to get served a Non-molestation order which the McKenzie Friend has done in the last 24 hours - after the online attacks started again the day after the hearing.

Oh, and of course, thank you to everyone who's offered pearls of wisdom here. If I can help any of you facing one, please drop me a line. I've now been there and experienced it first hand.

Hello LosingThe Will,

Well done, I am very pleased for you!

Carry on taking the "high ground" so as not to give any ammunition for the other party to use against you. It works and invariable they end up "shooting themselves in the foot."

Well done LtW!

Now is the time I would seriously recommend filing a notice of intent or cease and desist notice to the CSA.

Needs to say something along the lines if this is pursued further because of the findings of hearing today if repeat hearings are called you will deem it as harassment and they will be subject to you claiming costs and damages for vexatious litigation. Certainly worked with me and mortgage company

Hi.
I'm also self employed and facing a CSA tribunal appeals beating / aka hearing !

Help...

Any dad's / mums out there in Devon or Brighton willing tup help. Or solicitors / or kensie friends / barristers.

Thanks

Pete

Hi Pete

Will send you a private message

Please please could you let me know how you managed to stop your ex seeing your bank statements. I have nothing to hide financially but it’s so intrusive into my life.

How is she seeing your statement at the moment? I would have thought that it would be necessary as a one off for a divorce, for instance, but not as a regular event. You may also need to provide them to CMS, but they shouldn't pass on the detail to your ex.

She doesn’t but a tribunal might ask to see them yes? My personal not my business I mean. Or do they not? I have not been to the tribunal yet so I’m looking to be prepared