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Child Support chasing more money due to their mistake !

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Hi guys,

 

Story goes,

 

Back in December 2016 I called up the body which were dealing with the transaction move from CSA to the the 'Child Maintenance Service' questions, what they told me then led me to call the CSA

 

From 21 Oct 2015 I was officially out of the UK and not contributing to the Tax system as I was now working in Denmark. I was still paying the same assessed money as I was told to until I called up about the above proceeding move between the 2 companies. The agent from the CSA told me because I was now working out of the UK and getting paid from Guernsey there would be a NIL assessment because they could not assess what payments I should making. So in theory I was still paying their calculation for around 14 months, which I didn't need to do, but this doesn't bother me, I was still contributing to my child and taking the responsible thing to do.

 

Now during all these years I have always, when calling CSA, asked them to clearly check and confirm what I was paying was correct and everything was up to date, I never missed one payment and always kept to the agreed standing order for all the years. I also received a few statements of what I had paid and my future payments dates. There was a time previous that they did an assessment on me as I returned back into the UK a good few years ago and I had arrears to pay off which I did at £410 and then once they were paid off I then started to pay £310. This was all calculated out for me and I have the documents in my folder of all the breakdowns and payment structure

 

When I called up in December she told me that as of December I would not have to pay anything due to the Nil assessment (working in DK) but I told her I would still like to keep paying, which I am doing straight into her account, the mother agreed and sent her bank details to the CSA which were then fwd onto me, payments are still going smooth.

 

(I also have a letter from the Child Support which stating I am due £0.00 from December)

 

Until yesterday, I came home to a letter from the CSA demanding over £1000, they state in the letter (attached) "we transferred the money to the Secretary of State, rather than the parent with care"

 

Has anyone else experienced this and due to their blunder (I presume), they don't even send a break down of where this money is due from dates etc, it's like someone coming to my front door and saying, "Sorry buy you're due me £1000, pay up now!"

 

Please can anyone help? I'm thinking of writing a letter back explaining all the conversations I had with previous agents asking for a confirmation of balance and the fact I have have it in B&W I was due £0 from December, how can they now go back? I am also thinking of visiting my Solicitor regarding this, just mad that this should have all been taken care of

 

CSA just makes my head boil !! :mad2:

CSA DEMAND 2.pdf

Edited by somethingelseplease
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Hi - Just to give you a bit of background, I fell into dispute with the CSA (latterly CMEC) virtually from the off. My dispute has been running for 8 long years during which time the agency have served a deduction of earnings order, taken me to the magistrates Court 4 times, won a liability order from which the Agency began debt recovery in full which also included action to repossess my home. The agency then fought my appeal and lost, then fought the tribunal itself. In March 2013, the Agency lost the tribunal but by that time I had incurred £15,000 in legal fees.

 

I went back to the Agency to ask that I be returned to the financial position I would have been in had it not been for the Agency's unlawful actions. In recognition of their admitted maladministration, the Agency offered £200 which included my legal fees. I have since raised an MP's complaint that led to the case being taken up by the Parliamentary Health Service Ombudsman (PHSO). During 3 failed investigations I have incurred a further £35,000 and in that time I have acquired a subject access request (SAR) which evidenced that back in 2012, ahead of the 4th and final Magistrates hearing, the Agency knew their actions were unlawful, yet continued to pursue a debt from me that was never due. I have begun a blog which details my journey and I want this blog to change social policy and afford you, and others like you, the protection you deserve from a gov't dept that is dishonest and completely devoid of oversight and governance. I am unable to post the link until I have 10 post counts

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Hi -Rather than consulting your solicitor at this stage and thereby incurring legal fees, I suggest you reply to the CMS explaining that you are at a loss to understand the claim that there are any outstanding arrears. Tell them about the various times they have confirmed to you that you were up to date and send copies of all letters from them confirming this including the most recent. If they don't reply to you or you don't agree with their reply, it might be worth contacting your local MP and asking for his or her intervention. In the past, I have worked in both solicitors' offices and a MP's constituency office and I know from that experience that a MP's letter is likely to be far the more effective way of sorting out problems.

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Hi Brainfogged - thanks for your reply

 

My MP was the then minister for justice Rt Hon Simon Hughes. The CSA wrote to him two days before my 1st magistrates hearing to advise that the Magistrate had granted the liability order which therefore confirmed that the debt was due. In point of fact, when the hearing did take place, the hearing was adjourned. The point I am making is that it makes little odds whether you are a solicitor or a front bench serving minister, the CSA are a law unto themselves. My complaint is a watershed as it evidences that the CSA do act in bad faith and the appeal bodies that are supposed to hold them to account, tacitly turn a blind eye

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