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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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To apply judicial Review on nonPayment to CSA

Customer Question

I want to apply for a judicial Review to stop power of sale by CSA on my family home. 1. I am PhD student - my circumstances was not fully taken into account when the judgment was made against me, therefore the court could not have claimed to have been certified at the time the judgment was made. 2. I was out of the country on a parental care ground, my human right under the European law was compromised 3. wrong calculation was registered against my house thereby preventing me any right to credit in the country as CSA registered this wrong amount against me in the magistrate court. 4. My new family life have been bartered by this gross miscarriage of justice.

I have made application to several agencies but there is still lack of break through.

Attachment: 2015-08-31_071105_csa_v_jones_esan__others_letter_to_court_manager_thames__mc_1102488253.doc

I need urgent help as my health and life is seriously affected.

Attachment: 2015-08-31_071313_child_support_appeal_at_margistrate_court__for_judicial_review.docx

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know please?
Customer: replied 2 years ago.

I need to know how to apply for Judicial Review on CSA matter

Expert:  Ash replied 2 years ago.
Have you sent a judicial review pre action letter yet?
Customer: replied 2 years ago.

sent to my email address?

Expert:  Ash replied 2 years ago.
Have you sent a judicial review pre action letter to the Csa?
Customer: replied 2 years ago.

No, I don't know how to write one. can you help me please? if you could help me draft one will be nice please

Expert:  Ash replied 2 years ago.
Sadly I can't be instructed as this is a question and answer site. But you need to submit a judicial review pre action letter. What if should contain is here:
https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Then if they do not respond you can seek a Judicial Reciew at the high court. But you must Send the JR pre action letter first. They must be allowed to respond
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I will be asking for a refund of my money. I cannot see the answer

Expert:  Ash replied 2 years ago.
I will post it again:
Sadly I can't be instructed as this is a question and answer site. But you need to submit a judicial review pre action letter. What if should contain is here:
https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Then if they do not respond you can seek a Judicial Reciew at the high court. But you must Send the JR pre action letter first. They must be allowed to respond
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

the above link mean nothing to the question I asked. I found this link long ago but I have no understanding of what could be contain in the letter

Expert:  Ash replied 2 years ago.
You need to set out:
14. In good time before making a claim, the claimant should send a letter to the defendant. The purpose of this letter is to identify the issues in dispute and establish whether they can be narrowed or litigation can be avoided.
15. Claimants should normally use the suggested standard format for the letter outlined at Annex A. For Immigration, Nationality and Asylum cases, the Home Office has a standardised form which can be used. It can be found online at: https://www.gov.uk/government/publications/chapter-27-judicial-review-guidance-part-1
16. The letter should contain the date and details of the decision, act or omission being challenged, a clear summary of the facts and the legal basis for the claim. It should also contain the details of any information that the claimant is seeking and an explanation of why this is considered relevant. If the claim is considered to be an Aarhus Convention claim (see Rules 45.41 to 45.44 and Practice Direction 45), the letter should state this clearly and explain the reasons, since specific rules as to costs apply to such claims. If the claim is considered appropriate for allocation to the Planning Court and/or for classification as “significant” within that court, the letter should state this clearly and explain the reasons.
17. The letter should normally contain the details of any person known to the claimant who is an Interested Party. An Interested Party is any person directly affected by the claim. 5 They should be sent a copy of the letter before claim for information. Claimants are strongly advised to seek appropriate legal advice when considering proceedings which involve an Interested Party and, in particular, before sending the letter before claim to an Interested Party or making a claim.
18. A claim should not normally be made until the proposed reply date given in the letter before the claim has passed, unless the circumstances of the case require more immediate action to be taken. The claimant should send the letter before claim in good time so as to enable a response which can then be taken into account before the time limit for issuing the claim expires, unless there are good reasons why this is not possible.
19. Any claimant intending to ask for a protective costs order (an order that the claimant will not be liable for the costs of the defendant or any other party or to limit such liability) should explain the reasons for making the request, including an explanation of the limit of the financial resources available to the claimant in making the claim.
The Letter of claim template:
Section 1. Information required in a letter before claim
1 Proposed claim for judicial review
To
(Insert the name and address of the proposed defendant – see details in section 2.)
2 The claimant
(Insert the title, first and last name and the address of the claimant.)
3 The defendant’s reference details
(When dealing with large organisations it is important to understand that the information relating to any particular individual's previous dealings with it may not be immediately available, therefore it is important to set out the relevant reference numbers for the matter in dispute and/or the identity of those within the public body who have been handling the particular matter in dispute – see details in section 3.)
4 The details of the claimants’ legal advisers, if any, dealing with this claim
(Set out the name, address and reference details of any legal advisers dealing with the claim.)
5 The details of the matter being challenged
(Set out clearly the matter being challenged, particularly if there has been more than one decision.)
6 The details of any Interested Parties
(Set out the details of any Interested Parties and confirm that they have been sent a copy of this letter.)
7 The issue
(Set out a brief summary of the facts and relevant legal principles, the date and details of the decision, or act or omission being challenged, and why it is contended to be wrong.)
8 The details of the action that the defendant is expected to take
(Set out the details of the remedy sought, including whether a review or any interim remedy are being requested.)
9 ADR proposals
(Set out any proposals the claimant is making to resolve or narrow the dispute by ADR.)
10 The details of any information sought
(Set out the details of any information that is sought which is related to identifiable issues in dispute so as to enable the parties to resolve or reduce those issues. This may include a request for a fuller explanation of the reasons for the decision that is being challenged.)
11 The details of any documents that are considered relevant and necessary
(Set out the details of any documentation or policy in respect of which the disclosure is sought and explain why these are relevant.)
12 The address for reply and service of court documents
(Insert the address for the reply.)
13 Proposed reply date
(The precise time will depend upon the circumstances of the individual case. However, although a shorter or longer time may be appropriate in a particular case, 14 days is a reasonable time to allow in most circumstances.)
Does that clarify?
Alex
Customer: replied 2 years ago.

Dear Alex,

with all due respect I have this information since 2008. what need is draft copy that I can follow this for solicitor or barrister.

I would not say my question was answered. this not down to you I supposed I think it was enormity of the case.

Expert:  Ash replied 2 years ago.
If y want it actually drafted sadly that is not something I can do. This is a question and answer site and unfortunately I can't be instructed, which If I drafted I would be,
I am sorry. But if you do have any questions please let me know.
Alex
Customer: replied 2 years ago.

I do not have any further question than what could not be answered.

I am afraid I think I will have to ask for a refund less admin charges

Thanks in advance

Larry

Expert:  Ash replied 2 years ago.
Ok, good luck!
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex