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Please could you advise me regarding CMS issuing Dead Letter Office Annual Review and incorrect 2018 calculations
In 2017 my ex registered a case with the CMS as they always do, at the time I had just finished going through a divorce due to adultery and also had to declare myself bankrupt
I sent the CMS a recorded signed letter advising of £ 300 pcm Family Based arrangement £150 into my daughters personal Account & £150 into her child trust fund / ISA they acknowledged this with a text
1. The CMS acknowledges that the ex agrees with the “reduced monthly payment” ( CMS also acknowledge that the failed to advise me on any future annual review and or information sent out requesting that I pay the ex direct
2 All the Annual reviews have been kindly sent to a “Dead Letter Office” allegedly this is the process they use if the count find you or you have moved 2017 & 2018
3 various managers, team leaders, case worker from the CMS have advised that due to the fact that the CMS failed to sent out the Annual review to the correct address ( they have my correct home address on file) it is “Non Enforceable” Conversations recorded
4. I have disputed any amount that they alleged that I owe including charges and any trumped up fees they can think of
I have also asked them to give me a detailed breakdown of alleged amount owing up till now I have received nothing except for trumped up amount owing as per there PAYMENT PLAN £797.71 £920.06 collection fees £ 655.57 unpaid collection fees £ 50.00 enforcement charges £4600.
They are quick to advise that the information received from there own “Advice & Guidance team advises that
Even thought I did not receive written notification of annual review ( forget to include CMS issued the Annual Review to there own Dead Letter Office” that they completed 13 June 2018 “ I am still responsible to pay the weekly child maintenance rate of £91.84 from 13 June 2018
CMS have failed to advise what legislation within there own practice is enforceable regarding “Dead Letter Office” Annual review
CMS failed to acknowledge that according to there records obtained from HMRC ? my gross income for 2018 was £39 000 ish despite me trying my best to advise them that this figure is incorrect well let’s just say they don’t give a monkeys
I called the HMRC and they sent me out a copy of my employment history for 2018 £36 597
Question
Can the CMS enforce 2018 annual review payments despite the Annual review going to a Deal Letter Office and any additional trumped up collection fees
I would be extra key great full for any advise or guidance you can provide
Hi there
This really isn’t an area I’m too knowledgeable about I’m afraid... they seem to be able to get away with an awful lot that doesn’t seem fair.
I would have advised that you ask for a complete breakdown of all alleged arrears, which you’ve done...if they’re not listening then you can open an official complaint, it might be worth going to see your MP and asking them to help.
There are a couple of stickys about calculating CM and there’s also an informative sticky about the CMS own rules and regulations, which you might find useful. Sorry I can’t be more helpful.
Best of luck
Truly great full for taking the time and the advise, the sad part is I’ve done all that am not further than when I first started as it like talking to a brick wall, the bottom line is they don’t give a flying monkeys and know how to flaunt there own procedures to suite them selves , the only thing I have not done is found a solicitor to help me,
I will be sending a letter again recorded signed for but this time I shall include a bold reference to Appeals - Tribunal
Reference taken from https://voiceofthechild.org.uk/kb/cms-full-set-policies-procedures/
Not sure how much is still current
Any suggestion regarding a solicitor who specializes in CMS cases in Cheshire ? to take on these Scumbags excuse my FRENCH
... I think they rely on the fact that their rules and regulations are so convoluted! It would also help a great deal if the first point of contact; the call staff, were better trained.
Can’t help with suggestions for a solicitor, you could try the legal500 website, you’ll find solicitors listed by region and speciality... but these guys won’t be cheap!
Best of luck
Will your MP not help? They can get you a referral to the ombudsman.....
I originally involved my MP 3 months ago it’s taken the CMS that long to write back BUT as usually there investigation skill need much to be desired, a 5 year old has more common sense, & intelligence as to WHY, HOW. WHEN, WHO etc
I’ve receive 2 letter yesterday advising that the have written off the debt HOEVER receive another letter advising the the DOE order is still active and enforceable
I’ve called my MP Yesterday and written a stinking letter to the CMS complaints department again
Great suggestion referral to the ombudsman
Truly appreciate all the help & advice
I used these guys a couple of years ago, as my son had been receiving letters stating he owed a back payment - he had a private agreement with his EX and had been paying her cash!! I know lesson learnt... She had not closed the case when the agreement had been reached and he had no proof of payments, only receipts he had the EX sign when he handed over the money. They couldn't change the outcome (as we didn;t really have any real proof of payment) however they were really helpful and knew what they were talking about. They helped us, explained all the jargon and advised on future payment set up etc. Was the best £30 spent, just to have someone explain all the terms and conditions. Might be worth given them a try.
NK
Many thanks am truly great-full for any and all advice & guidance
I will give them a call today and hopefully arrange appointment
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