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I have been in the unfortunate position of having a vindictive ex and unfortunately now the CMS are not helping.
Firstly I would like to point out that I do not dispute paying for my child (after all it takes two to tango).
So where to begin.....let's start at the beginning and give a bit of a back ground....
I was contacted on 13/11/2015 and was told I had to pay Β£366 for the year. I called the CMS up and told them that I start my new job on the 16/11/2015 and therefore their calculations were wrong and I'd need a re-calculation done. I was requested to send in my payslips (hadn't started therefore didn't have any) so a contract of employment was acceptable (apparently) I requested that a letter be sent out with their address (as any correspondence I had received didn't have an address to write to) approx a week later I get a new payment schedule based on my earnings in 2014?!?!? Again I told them they need to send an envelope so I could send in my contract.
Fast forward to January 2016 (no letters or calls to me from CMS nor I to them in this period) I receive a letter stating that my case was closed. This letter was from CSA....I hadn't been with CSA since 2013 and knew that my case was closed because I had a letter in 2013 stating this. So I assume (being the mother of all mess ups) that it was in fact CMS (I had no idea they were two separate entities at this time).
Fast forward to April 2016 and suddenly I have a massive chunk of my wages missing (i think it was 35% give or take 2%) only to find CMS had set up a DEO without informing me?
Now comes in the relevance of the case
After several conversations over the telephone with each call handler giving me conflicting information I come to the conclusion that something is definitely not right. I was told letters were sent in December but I informed them I hadn't received them. So I requested a Subject Access Request (SAR) and looked into all evidence given. The CMS had in fact sent letters out informing me of the consequences of not paying (DEO would be set up) BUT this was sent to the wrong address. When questioned as to who authorised the change their reply was it was an automatic system update. This would be acceptable BUT someone (a human) has to have put the details in manually first before a change could be updated by the computer (unless skynet is starting to become self aware). The CMS had then informed me that DWP had changed my details. So off I went to have a go at them for putting me in the position I was in, only to be told that they DO NOT have said address for me...ooohhhh well I'm sorry but it would appear that CMS are lying (I have written conformation from DWP they did not change my address).
I ended up having to involve my local MP (Jo Churchill) who informed me she couldn't do anything other than ask why I am paying a vast amount.
There are more things that do not add up according to my SAR.
The CMS claim that an initial calculation was made on the 25/11/2015 yet my SAR (and a screenshot of their own system) shows they had actually made this calculation on the 11/11/2015...2 days before contacting me with reference to a smaller amount?...sounds fishy....
My Address has changed twice (according to their system) although I've remained in the same premises since they contacted me in the first instance.
They have lied to my MP by informing her that the escalation letters (warning letters for DEO/consequences of non payment) were NOT issued...yet I have a letters dated 07/12/2015, 01/01/2016, 3 letters dated 20/01/2016, 08/02/2016 and 15/02/2016 all with reference to my ex partners bank details to consequences of not paying BUT all to the wrong address. This was no mistake as the SAR has clearly got stated that these addresses are my permanent residence.
After several calls (all informing of fraud) they brush it aside. When I ask to speak to someone higher I get dismissed (unless it's to praise them...only happened once when I found out they sent the letters to an incorrect address and the call handler informed me of the address). I cannot exhaust the complaints proceedure internally to escalate it due to being told point blank no and hung up on (all calls are recorded by myself so they can be heard doing so). I was informed I should pay 20% on top of what my actual payment was (albeit incorrect) but that didn't add up either. Β£9.58 pcw was my penalty (round up to Β£40 pcm) yet i had Β£70 odd taken, when questioned where the extra Β£30 was no one from CMS could tell me.
I have informed the courts of the fraud activity and they will not entertain it unless the police decide it is fraud...enter PC Plodd (real name not given for legal purposes) who (despite being told of the exact exerts from legislation of what fraud is being committed) has decided that it's a dispute and not fraud. When informed I would seek a solicitor (when I'm in a financial situation to do so) his response was (and I quote) "How do you expect to convince a panel of 12 if you can't convince 1 police officer?"
Well that pretty much sums up the legal system in my eyes, do things properly, legitimately and legally and all you're going to get is shafted.
In short I urge all parents to check their details as I do not believe for one minute I am the only one this is happening to.
Of the million cases they have they can make an extortionate amount of money by falsifying evidence and abusing their position knowing full well that no one (as I have found out over the past year) will challenge them or even entertain the fact that they have committed an offence, yet if you or I were to do it we would be sentenced and fined for the same offence.
I have had to give up my home as I am unable to pay the rent which in turn has caused me to quit my job due to having no home etc and now having to move 400 odd miles away from my child (800 round trip if I see my child and the mother doesn't put anything towards travel costs etc....she doesn't drive won't drop off half way etc) and the CMS and justice system do not give a rats asse.
I have read comments in a main page where someone is going public due to their SAR showing vast amounts of fruad and corruption, IF you happen to read this please feel free to get in touch and maybe more people will be inclined to ask for their SAR. (which you can get for free despite them claiming to charge Β£10 administration) I have tried attached an exact template of mine (minus my personal details of course) should you wish to pursue your SAR but unfortunately it won't add, I'll type it in as a reply should anyone want a copy.
My apologies for the long rant but I feel this system is a massive joke.
I don't know if it helps anyone but a subject access request (SAR) is a request for information held by any public body under the Data Protection Act. You can request them from schools or local authorities in respect of yourself or any dependants you may have. I'm currently pursuing two SAR's with the help of the ICO (Information commissioners office) who regulate the requests.
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