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Challenge a Deducti...
 
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[Solved] Challenge a Deduction of earnings

 
(@markdavies)
Active Member Registered

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

Quote
Topic starter Posted : 25/07/2017 9:25 pm
 Mojo
(@Mojo)
Illustrious Member Registered

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

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Posted : 30/07/2017 12:53 am
(@dadmod4)
Illustrious Member

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.

ReplyQuote
Posted : 02/08/2017 10:51 pm
(@markdavies)
Active Member Registered

Done that ...plus ICE and the usual complaints procedures. Time for court ... thanks for the response though .

ReplyQuote
Topic starter Posted : 16/08/2017 11:27 am
(@markdavies)
Active Member Registered

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

ReplyQuote
Topic starter Posted : 16/08/2017 11:39 am
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