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Please see below this is the email I just sent to the Child Support Agency and i really would like advise now on what to do i have tried everything the guys are really making me ill.............
I am writing to register a formal complaint against the behaviour / actions of the CSA. In Dec 2010, I noticed my wage was short of £300+, I checked my wage slip & saw that there was an adjustment on it. Phoned the company’s HR department and that is when I first found out that the CSA was involved. There had been no prior warning by letter before this initial contact. I then contacted the CSA who then informed me that I had been named as the father of a child who was now 8 years old.
As you can imagine this was a bolt out of the blue which was a great shock as! Was 100% certain that I had not fathered her child as I had not slept with the mother? Despite my insistence on not being involved, I found that I was spoken to with great disrespect and actually was made to feel like a criminal. At no time was there any help or advice given to me as to how I could resolve the situation or prevent the payments from being taken from my salary. I was presumed guilty without even having being asked any questions. On several occasions I contacted The CSA only to be met with the same obstructive unhelpful attitude that I was committing some great sin by denying my involvement Throughout this whole mess, The CSA have failed on all aspects of their DWP customer charter.
1. Right treatment – obviously this is a mis administration which needs immediate correction and the poor treatment I have received by CSA representatives
2. Right result – as the DNA result proves
3. On time – Too long has been taken to look into the situation as no-one has actually taken time to hear my side of the story
4. Easy access – on all occasions I have had difficulty getting answers from the CSA. On numerous occasions I was told the case worker on my case was on holiday that day and nobody else could deal with it.
I am now happily married and am fortunate to have an understanding and supportive wife who is expecting our first child in June. This kind of stress and untrue allegation could ruin a lesser stable relationship and i am very angry at the unnecessary distress that this situation is causing my wife. We should be enjoying her pregnancy however we have this financial worry looming over us. I lost my job due to redundancy in October and am under a lot of stress already without this situation which is of no making of mine As you can imagine, I was keen to prove that this had been a case of mistaken identity and agreed to have a DNA test. As I fully expected it to, the DNA test proved that I was not the father.
Now, after 9 months, I have been contacted again telling me that another investigation has to take place, during which time I am expected to make payments again as the mother has disputed my identity by saying that the photo she was shown of J*** W*** was not me. How can this be disputed, surely the CSA appointed GP will have had to take copies of my identification at the time of taking the test. Are you now questioning the integrity of the GP? I am sure that they will be very offended if this was the case Does the fact that the mother does not recognise me from the photo AND DNA proof not convince the CSA that I am not the father? What else can I do to prove this and get back payments that, in my opinion, were illegally taken from me In summary
1. I have made all payments and fully co-operated in all CSA requests however unreasonable they have been
2. My wife and I have suffered great stress and financial hardship owing to this situation
3. I underwent a DNA test at a GP approved by the CSA which has proven that I am not the father
4. I feel that this situation warrants an immediate review
Should I have not received a response from yourselves within a reasonable timeframe, I will take further action to resolve this by contacting the Independent Case Examiner for further assistance
Friday 3rd Feb i now have to go to my local jobcente stating that i now must attend an interview under caution what and why these people are really testing me now i really do not know what more 1 can do as stated i am not the father this is [censored] on a large scale
i have no problem with attending this but what can i do they say you may bring a solicitor but no one will touch them.
Any help or advise would be greatfully recieved.
kind regarda
Mrwil
Hi and welcome to the forum.
I find this beyond belief, 😡
I would advise that you send this letter by post by recorded delivery (and keep the receipt), I'm not sure how the CSA deal with emails, but it could well get lost. I would also make an appointment with your MP and given him/her all the facts and ask him to take up the case with the CSA on your behalf.
Finally, I'd look at the appeal process - I think you should have grounds for a variation. On a positive note, if the DNA proves that you aren't the father, then I believe that you should be fully reimbursed for the costs of the DNA and any money you have already paid. I'd also have a word with the Citizens Advice Bureau about whether they think you may be able to seek damages against the CSA, I don't think any of our resident experts can advise in this area.
Hi actd,
Thank you for your response they have received the email and i have had a letter and a phone call last week from them to confirm that, i am just really curious about the INTERVIEW UNDER CAUTION i am as straight as they come and would not lie or cheat anyone but this is just playing on my mind as to what i have done wrong i have done everything they have asked of me all my doing of course ringing, emailing etc am going to the CBA in the morning for more advise as i just don't know.
once again thank you for your advise
Hi mrwil,
The Interview under caution will likely be around your paternity status relating to this Child. I would definately advise that you be honest.
Take a copy of your DNA form.
Do you have a total of how much the CSA have taken from you?
Once you have this i would definately call and speak to the CMEC's Legal Department, just call their 0845 number and ask to be transferred to their Legal Department. Get their address and write a letter to explain that you are now going to be taking Legal Action against them citing DNA evidence, no knowledge of this person, negligence on their part which has caused you immense stress.
Ask for a reply within 14days.
Regardless of their response to this i would then issue an N1 Claim form to include the amount in light of the DNA evidence, negligence and also i would claim for emotional distress this has clearly been causing you.
For example:
Claim:
Maintenance £300 x [No. of Months] = £[AMOUNT]
Stress and Emotional Damages: £1,500-£3,000... given the sheer severity of this case, the negligence, arrogance and value of the maintenance amount... i'd be pitching £3,000.
Funnily enough, you're not the first person i've ever spoke to regarding being named as a Father! :huh:
Hi Yoji,
Thank you for your response i am a honest person and have never ran away from this and nor would i off it was my child but i never slept with the girl in question and have nothing to hide what you read earlier is what i have been trying to resolve since December 2010.
I really would not know where to start with respect to claiming damages all i want is for them to admit they have made some serious errors and leave me alone to get on with my life and be loving father to my child that is on way and more so to stop the emotional effect this is having on my pregnant wife grrrrrrrrrrrrrrrr they make me cross but i will not back down on this all though one is losing patients with them.
I have all documents ready i just don't understand what i could have done wrong.
my name is ....... ...... Check
I went for the DNA test in person...... check
Passport and driving license given to the doctor as well as numerous other peaces of information to confirm its me..... check
What the [censored] is wrong with them, everything they ask and more i have done and gone out of may way many times for them i should start charging them for my time and my phone bill it should rack up a nice little amount this
anymore advise would greatly received i am seeing a solicitor on Thursday before i go to what ever they have to say on Friday
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