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I have recently had an FIU investigation, and during the initial phone call, the CMS shared that they had checked my bank account, and my partner's limited company account, and her own account (which was a joint account before I removed myself a year earlier).
I thought the CMS could only access bank accounts in my name, not my wife's nor her limited company?
Can anyone advise please?
Hi,
CMS have a lot of enforcement/investigation powers. They can access a joint account and remove funds. I think because you previously held joint account with your wife's, thats why they are checking. Have you ever been listed as an employer or director under her limited company or vice versa? they can investigate companies/partners for diversion of income.
@bill337 Thank you Bill337.
I had my own company before I was declared bankrupt, but this company is solely hers and she is the sole shareholder and director. I have never been named on the company.
They accessed my wife's personal account, her limited company account, her sole account which used to be joint until May 2019, and my sole account.
On the FIU call, there was a man and woman. The woman was very nice, the man jumped in and said that because I knew I was going under, I set everything up in my wife's name and that she would not be able to run the company on her own (she would, she has experience in the industry, which is how we met). My wife also works part time for a school (10 hours per week) so they said she was unable to run a company as she worked full time.
My wife feels violated by this, as we understood they can only access joint accounts or accounts in my name.
They are stating diversion of income, however I have been unwell and cannot work full time.
They also said if they contact all the company's customers, they would say I was their main contact, not my wife?
Any additional thoughts, guidance, advice, point in the right direction would be very welcome, thank you.
@lucky7 did you get any further information regarding this?
I myself have been a victim of the FIU checking bank accounts my partner the paying parent had an FIU investigation they looked into my bank accounts, however we was loving a separate addresses not married and do not have any joint bank accounts. Cms are not giving me any contact details for fiu in regards to obtain the legal basis of which they used to access my bank accounts.
that sounds very stressful and intrusive. there have been many that have been through these interviews with FIU and should be able to give you sound advice. Would recommend you join this group for paying parents:
Collection and enforcement powers
Without a court order, the CMS may collect arrears through:
- A Deduction from Earnings Order: An employer deducts payment for arrears direct from the Paying Parent’s salary.
- A Deduction from Earnings Request: As above, but for the Armed Forces.
- A Deduction Order: Either a lump sum or regular deductions are made from bank accounts.
- Collection of Assets from a deceased paying-parent’s estate.
With a Court-obtained liability order, the CMS may take the a range of enforcement action.
In England and Wales these powers include using bailiffs to take control of goods and applying to the court for an order of sale of an asset once it is registered by a court. In Scotland, powers include requesting a sheriff to make a charge of payment to require payment after 14 days, or freezing assets to prevent them being sold or transferred.
Fees may be charged when the CMS takes enforcement action against a non-paying parent— current fees can be seen at Gov.UK, Enforcement charges.
In Great Britain, on successful application to the courts, an individual may also be disqualified for driving or from holding a passport.
Persons with Care on Direct Pay must first transfer their case to Collect and Pay for the CMS to bring enforcement action against the Paying Parent.
https://commonslibrary.parliament.uk/research-briefings/cbp-7774/
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