[Solved] Stitched up by CMS

Please can someone give me some advice, I have always been paying CSA which just recently switched over to the CMS service increasing my payments by over 100%. I decided to quit my job and setup my own ltd company, my company formed in sept 2018 and my accountant will not make me a employee of my business until April 2020 because i have already breached the min wage from my full time employment salary which ended in Sept 2018.

I asked CMS what evidence do you require, they clearly stated a expected annual income for the next year written and signed by my accountant, hence we done this and sent it to the CMS service (helen the case worker). I called up before i uploaded the evidence to read it out word by word to confirm is this was ok, they confirmed its fine.

Two weeks later a phone call from Helen, You have another ltd company give me wage slips etc. I explained to her its never ever traded, it was setup to run by to let house which i never won at a auction! By now i realised its not evidence they after, they running a investigation as i never mentioned my other ltd company. If they searching why don't they just run a check instead of asking for evidence.

Three days before the SLA (3 weeks or so) i get another call from Helen stating that my evidence is not good enough, i said its been on your desk for three weeks and you confirmed to me over the phone that it is fine, she said you own a ltd company therefore you MUST have wage slips. I said i haven't been paid any salary, i expect dividends! I go back to my accountant and he stats that he cannot back date and make me a employee for the past two months, he had already done my submission to HMRC as nil, he only plans to make me a EMPLOYEE in April 2020 as stated earlier.

I call the CMS and a rude lady says well your have to take it to the court, but my issue is why cant they follow their own rules they have set which states that dividends are not counted and that they will be picked up in the next annual check, For whatever reason Helen couldn't deal with this fact, so i still haven't been paid any money from my business including dividends because there's none there but i have to pay my ex £700 a month based off my old salary.

Its so scary what the cms are doing to paying parents, they dont even know their own rules. i've spoken to another manager this morning who thinks Helen is potty so maybe further training will be required but this kind of things can lead to deaths if they dont be careful. I really do not trust the CMS service one bit, i get they also have families and need pay and bonuses etc but don't take it like this, don't act so hungry. Lets just all play by the RULES which government set, lets not try act like cowboys