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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Have a court order by the CSA for my property. They requested

Customer Question

Have a court order by the CSA for my property. They requested information regarding my earnings ,I told them on the telephone all information is available at HMRC and I told them name of my accountant . I did not hear from them for quiet a while, next thing I know I have been charged money which does not exist ,after some investigations, i've found they have find me 1000 pounds on two occasions submitted amounts to the courts. I stated in 2 court appearances regarding the court orders and they said its to late. even though they submitted false accounts that don't exist , surely this fraud ,as all information has been checked ,verified and confirmed by the HMRC, plus I claimed benefit(JSA) for 5 years in row for a short period of time and they have confirmed my earnings.
Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I shall do my best to assist you but need some further information first.
Please explain why you did not provide the information directly to the CSA when it was requested?
How much are they claiming in arrears?
Claire
Customer: replied 3 years ago.


I spoke to a representative of CSA and said they would check theinformation that I have given them over the phone I also have had correspondence stating that they have the ability to acquire this information from HMRC and DWP ( department work and pensions ) which they are part of if they so choose

Expert:  Clare replied 3 years ago.
Hi
Did you complete all the forms that you were sent - and how much are they claiming?
Claire
Customer: replied 3 years ago.


I did not complete any forms as I said I spoke to a representative of CSA and they said they would contact the HMRC and my accountant. The figure they require is £7867.00p these figures do not exit as I have never earned this money these included fines of £ £2000.00p. Can I prosecute for fraud?
Expert:  Clare replied 3 years ago.
Hi
No I am afraid that you cannot prosecute for fraud - the CSA makes mistakes all the time and sadly it is only rarely that they even have to pay compensation for the cost of unravelling the mess that they have made.
Your starting point should be to get a copy of your file from the CSA under the Freedom of Information Act.
At the same time you will need to get copies of all your annual accounts/tax returns for the years in question so that you can challenge the calculation - unfortunately as you have discovered leaving it to the CSA to sort it out is NOT a good idea.
Once you are able to identify the errors then you can apply for a re-assessment and to have the Liability Order set aside.
You can get assistance from this group
http://www.nacsa.co.uk/
I hope that this is of assistance - please let me know if you need further information
Claire

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