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To be honest I don't normally do this kind of thing, but I am not putting up with the CMS bulls any more!
I served for this country and really am thinking why did I bother helping these corrupt idiots out!
I had to fight for my children all last year (2024) and the corrupt CM obviously don't think this is enough for parents so decide to try and destroy your life even more by trying to make you not be able to afford to have your kids!
I have a court order which states, clearly I must admit aswell, that I have my children 2 nights every week, every other wkend and equal shared holidays. Which the CM class as 13wks. Now after doing my calculations and my partner and other family members also checking them, we have all come up with 177nights a year.
The first time I put the court order to CM they put me into band A, so I had to do it again and surprise they f* this up aswell and put me in band B, saying it was 130nights. So I am now in the process of appealing against it, yet more court, jus what I wished for again this year. I have already wrote a lovely email of complaint to CM and my local MP(still waiting for reply). To me the whole system just seems like it is going to be like the post office scandal all over again.
They have been taking £1005 direct out of my wage now for a good few months, leaving me in debt with my rent and all other bills, yet still providing for my children. All because the benefit dependent mother rang them up and said I didn't have my children and there was no court order in place. Yet after numerous phone calls and written proof sent over to them they still can not get any of this write!
Even the idiots which answer the phone to you at CM have all agreed with me about the chimps which have calculated my deo also, so why can these not change this whilst being on the phone or pass us through to the department that does!
My next step is to go to the papers and whoever else wants to know what this government is doing to working class dad's which actually want there children!
hi, Band B would be correct according to them but I could be wrong. with DEO they should take you off that after 6 months, but you have to request it.
Hello,
Maladministration = "The lack of care, Judgment or honsety In the managing of something". (It is also defined in the civil service codes of conduct).
A decision made by way of maladministration, (although maintance is a civil matter). Could be veiwed, "as the creation of gain, or cause of loss" Under the Fraud and theft act. (They have chosen to ignored physical evidace. Which they cannot do, as decision have to be made on the evidance provided, for that decision. To charge you more money, recive more in fees ect). "But it is very difficult to prove its criminal. As the individual reprosentatives are protected under anti terrorisum legislation and the like. It is said in other groups, they also doctor any internal notation, before sending it to you. Under a subject access request)".
The CMS is by design a large orginisation, with poor training and managment. It is to a degree a profit driven orgainsation. As it was set up, to not burdon the tax payer. (See CSA and CMS history, and there reported profits can be found and veiwed).
Plus there almost religous veiw, they are doing it for the children, and are the moral good. (See recrutment adverts as exsamle).
You have the problem the complaints process was designed to take presure off the court system. So any "mandantory reconsideration". Is asking the same organisation who may have made a decision, incorrectly, in law. To look at that same decision. Then by amending the caculation, admit to that mistake. (Although the MR IS supposed to be taken care of by a diffrent deprtment, for the purpose of inpartiallity, its the same organisation).
SO.......(Going through the process for any one in a simular situation)
Write a "Madantory Reconsideration" (MR). Ask for a suppersession regarding calculation decision, "Shared care". State you belive the decision to have been made with no evidance. And you belive it to be incorrect in law.
Provide as evidance any text messages, or emails with arrangments for pick up and drop off the kids. (Its all evidance, you are keeping your side of that order).
Provide as evidance a copy of the court order. A written statment from the court or solisitor, that this order is still in effect, it all helps.
If you have any, supply evidance that the court order has been sent to the CMS, and they have recived it. (You say you have prior caculation decisions, including the full amount, caculated by the CMS after recipt of the order. (Thats still evidance, they have seen it before).
Now... If the RP (Residential parent) phoned to say there was no court order. What evidance did she provide that this was true? Or did the CMS provide you 14 days, to submit a copy of the court order after that phone call. All this is relivant. If there was no request for infomation, and they simply changed the caculation "based on her word". The decision has been made based on no evidance. (Or in abcence of the facts). If they did you were given time to provide evidance to effect the decision.
In your MR:
Ask for copies of all and any evidance, they have used in this decision. Plue any internal notes, they have used to comunicate between departments, regarding tis decision specifaclly. (Subject access request).
Ask for a copy of the telephone call the RP made to report this, as you belive this to be evidance against you in your case. (They probably will not provide this under GDRP. If it is, out side some thing like 14 months they prbably no longer have it).
Ask for a full and complete break down of their caculation.
Ask that the discount for shared care, to be applied correctly to your caculation. That this be back dated, prior to the last decision. As that last deciosion you beive to be incorrect in law, or in abcence of fact.
You may also state, that as you are on an attachment of earnings. That you belive this to be a factor in decisions made in your case. That your share care is a seprate issue to payment all together. (Perduditial).
"Keep it to the point"
"Do not get personal or reflect your feelings in the letter" (Not easy I know!!)
"Stick to facts, only what you can prove to be true".
"Stick to date, time, document number ect. ( The refrence numbers of there letters and date. Or your catalouged number in an index "Document A dated").
Also supply your own caculation, using there formuals to deminstrate your point.
Supply a copy of the MA and evidance, to the complaints department of the DWP and your local MP with a cover letter.
They will accep or reject.
If they reject, file a SSCS2 for a first stage tribunal.
"Even with an attachment of earning you are still entitled t keep 60% of your NET wage after tax NI and pension contributions. If this is not the case on your pay slip. It is your employers pay rolls responsibility, to make that caculation.
I hope you find a little peace in your life Ashy!
Good luck
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