I am looking for some help and advice as I really lost hope on this. Since csa closed down and cms took over I have been told I owe nearly 2000 pounds in arrears from csa. I have two children I pay for and I always paid everything as told on the schedules the csa was sending me every year. Not only that they had a power over my direct debit to adjust the amounts however and whenever required. I also have a letter from 2012 saying that I was overpaying and that my payments are amended and that I do not owe any areas. Cms or csa is not able to tell me where and how I owe it and they say it's from pre 2012 and goes back to beginning of my case with csa which is 2003!!! They pushed me to start paying it off in instalments or they would take the whole amount or most of it from my wages despite me denying the arrears and taking it to court. I am worried that without a lawyer that I can't afford I won't stand a chance. Cms told me that they don't care about my opinion and the fact that I paid everything csa ever asked me for and that I will have to pay it anyway. Please can anyone advise me on what to do and how to deal with it as I am battling them for over a year now and I just want to move on with my life. Somehow then areas are going up and up every month. They promised the money to the mother and now it looks like I am the one to pay for their mistakes. Thank you
I cant advise you on what to do there will be other guys who can do that but what i can say is the CMS can not take more than what you can afford. Its some sort of a new-ish legislation. I was told this from a previous boss and even somebody who works for the CMS also informed me that they wont leave you destitute like they used to.
Thank you for your advice. I just don't understand how they can say I owe anything if I paid everything the csa asked me to. And without telling me where it comes from when they previously said I don't owe any areas. I never avoided a payment and paid what they said I am legally obliged to pay. It is just unfair and it all started from 300 pounds now I am on nearly 2000 and it keeps going up even though I still pay what they tell me to?!
Obviously, without detailed knowledge of your case (which you also should not share on a public forum) the best thing to do is to make an appointment with your MP (either during his/her surgery or via his/her secretary) and raise the issue with them.
CMS report to MPs (in effect) - and have a lot of power to delve into details.
You would need to get as much paper work (letters, proof of payments, etc) together before seeing them. You should do this sooner rather than later.
CMS dont have access to CSA systen so they cannot tell where arrears accrued but they can refer your case to a team who can investigate the arrears.BUT CMS staff won't refer your case to that team unless you have valid reasons to dispute the arrears. If CMS staff refuse to refer your CSA arrears for investigation then you have 2 options, tell CMS staff you want to make a complaint because they won't check your CSA arrears. CMS DO NOT WANT ANY COMPLAINTS so they will he anxious to resolve this issue. The possibility of a complaint may be enough to prompt an investigation BUT if they still refuse to look into your CSA arrears then contact your MP and tell CMS you are going to your MP. You will find they will sit up and take notice of you the minute they hear complaint/MP.
Thank you for all your replies. The csa did investigate it but they haven't provided me with where the areas come from. What I can see they have sent me details of all payments I ever made then added the amount they say I owe and divided by two children I am paying for. Becouse what initially happened is that mother of one of my two children opened a case with cms behind my back after we agreed for family arrangement. Then she told them I only got one child so by the time of them contacting me and explaining it they said I owe her 1000 as I f I was to pay by one child only would be right. So she demanded that money and as they promised it to her they have to get it from somewhere which in this case is me. In csa schedules they sent me every year it clearly states "these are the amounts you are legally obliged to pay" so I did. I never missed a payment and always paid what they told me to. Not only that they had a right to amend my direct debits however they wanted. But I will follow your great advice and I will go see my mp as I tried everything else.
I don't know whether this would help, but probably can't hurt - you can apply for a subject access request from Child Maintenance Services (google it) for documentation from the CSA. Might show something.
I got a letter for just over 200 pounds arrears which i under duress paid off as i did not want the hassle. I then got a letter from the cms saying i still owed 17 pound arrears and they were takeing on the debt from the csa and my csa case was now closed. not alot of money but why not demand this when i paid the other arrear, shows the incompetence of the csa. Whats puzzling is where the arrears came from in 1st place, they just sent out a schedule which showed debits and credits and an arrear amount at the end of the statement, no details of missed payments. Very puzzling