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TOPIC: CMS/CSA Nightmare

CMS/CSA Nightmare 1 year 3 weeks ago #95015

Hi Everyone,

Wondering if anyone can share any experiences about a situation that I’m currently in, that’s really quite stressful. I’ll bullet point it, for ease.

- I’m self-employed.
- Endured two CSA tribunals, where a tiny additional award was made, a difference of just a few pounds a week over what I was paying them already.
- Been in private arrangement with ex, paying far more than CSA/CMS calc would now be since CSA case ended/they closed
- Now being pursued by CMS for arrears they claim are owed under the old CSA agreement under this tribunal award.
- I’ve never had a case with the CMS due to private arrangement.
- I dispute any arrears are due as payments made to CSA tally the new calculation in the court order.
- I’ve provided countless pierces of information to them, including full payment history, and the court award, to prove what I’m saying.
- They cannot/will not provide any documentation to support their claim
- After another aggressive phone call from them, I’ve today formally requested it in writing, stating I will pay if they can show how they’ve calculated it
- They’re threatening all sorts and I’m really worried.
- On top of this my ex is in the full throws of a pattern of Parental Alienation behaviour of our daughter so much so that Court Ordered contact this weekend didn’t occur.

Anyone been here, or facing this currently? My stress levels are off the chart. Surely if they can’t show/prove what they’re claiming, they can’t possibly enforce it?

What can I do in addition to what I’ve already done? You just wouldn’t pay something someone says you owe without seeing proof of why they think they’re owed it, or am I being too naive?

Thanks for reading - it’s a huge mess.

LTW

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CMS/CSA Nightmare 1 year 3 weeks ago #95025

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You could go and see your MP and ask for them to assist you, it's wholly appropriate to expect a full breakdown of the alleged arrears.

If she is breaching the court ordered contact, you might like to think about making an application for enforcement. I would keep a record of events about this and perhaps remind her in writing that she is in breach and needs to adhere to the court ordered contact, otherwise you will have no choice but to apply to have it enforced.

All the best
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

CMS/CSA Nightmare 1 year 3 weeks ago #95029

I’d not thought about seeing my MP, that might be an option. So thanks for that.

I’m keeping a diary now, and will see what happens at the next due contact visit.

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CMS/CSA Nightmare 1 year 3 weeks ago #95042

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Some MPs are really helpful, some not so... let’s hope yours is one of the former.

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

CMS/CSA Nightmare 1 year 1 day ago #95501

Hi there,

Sounds like you're having a really difficult time with the CMS.

My circumstances are a little different to yours, but I've also had an issue where a really old historic debt was transferred from the CSA to the CMS. This was a debt that I didn't even know the CSA had on record - my case opened in 2006 and then transferred to the CMS in 2016. During the 10 years that the case was with the CSA, they never notified me of the debt or chased it up. And then when the CSA case closed and was transferred to the CMS, the CMS immediately started chasing up the debt that the CSA had transferred to them!!!!!

The amount in my case was not significant - circa £400. It was more the principle of it that really annoyed me. To have a debt on record for 10+ years, but never chase it up, when I know I'd been incredibly reliable with my payments, just seemed completely unfair.

Long story short - it took me about 8-months to get the CMS to confirm when the debt had occurred (which turns out was in 2006 when the case was first opened and I was disputing paternity). I then went to my bank (who thankfully I'd remained with all that time) to get historic bank statements from 2006 to show that I'd made all requisite payments!! I sent the bank statements into the CMS who then said they needed the PWC to 'accept' that the money transferred was for maintenance and not for something else. So it is totally in her power to say 'yes' or 'no'. That's as far as I've got - I'm still waiting to hear back about what the PWC said, but seems she can easily say 'no' and in that case the CMS will blindly take her word for it and the debt will remain. To be honest, the whole process has been a total nightmare - dealing with the CMS has mostly been dreadful, except in my last couple conversations where I eventually got through to someone who at least understood the issue and was able to take it forward in some capacity.

I don't know the size of your debt, but if it's significant I'd recommend you get a professional to pick this up on your behalf. I've used NACSA previously (for other stuff) and they've always been incredibly helpful and also an economic option. I'd highly recommend at least an initial chat with them.

Feel free to PM me if you'd like any further info.

Thanks.

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