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Has anyone know of a decent solicitors practice that could assist in fighting a DEO ?
Usual CMS rubbish resulting in a DEO ...
in brief
She has been paid directly in full to date .
Payments were not made September and October last year ( but arrears paid in Jan ) as my son ( 16 ) had not returned to full time education despite correspondence to CMS .
He has failed to achieve the 12 hours per week attendance requirement but Child benefits remained in place .
Argued with CMS .. here is a DEO .
Advise of a good CMS solicitor or organisation required .. NACSA full up at the moment and Durham Legal will not reply to phone messages .
Mark
It might be a good idea to seek an appointment with your local MP first, they can be helpful in situations with the CMS...it's worth a try.
All the best
As a question, why are you wanting to fight the DEO? Is it the amount or the fact that (presumably) you are being charged a fee for collect and pay? If it's the collect and pay fee, I would try to negotiate with them (and raise a complaint and see your MP) to get onto direct pay - if there were only arrears for one month and they were cleared, then it seems harsh to go for the DEO.
Done that ...plus ICE and the usual complaints procedures. Time for court ... thanks for the response though .
I am fighting the DEO on the grounds that they attempted to impose a collect and pay initially without adequate grounds, then because I didn't comply dropped a DEO on me . The amount paid was up to date up to September last year . My son made it clear he wasn't returning to full time education so payments stopped . His mom then decided to march him down the local college , got him enrolled late September, failed to advise me and the CMS advised a Collect and pay . Payments continued directly and any arrears paid up . I had a deal with one advisor at the CMS to pay by Collect and pay for a sum above my normal payments ( confirmed with them by letter ) and they would drop the DEO ( Child benefits has been reported as stopping September this year . ) however the DEO was continued with , as they had ' changed their minds . '
To resolve I am advised that the best way is through the courts ,,, it appears a mind field with Mandatory Reconsideration Notice required before the courts look at it . The CMS refuse to give one . They obviously realise that without it you cannot approach the court .
So advice from a knowledgeable solicitor who specialises in this field would be appreciated .
Mark
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