CMS have made up payments to take even though I can prove I owe nothing

April 8, 2019

Well, on Wednesday of this week I received a letter completely out of the blue, from the DWP, stating that they had given my bank a court order to take out £180 / month commencing the following Monday. Upon calling them that day, they advised that the arrears are from a period between 2013 and 2016, that they had been passed on by the CSA, and that they could give me no information as to how this has been calculated. They advised that they had sent 2 previous letters, but to an old address.

I informed them that since 2013, I have had a family based agreement, which has been paid on the same day every month for the past 6 years. I advised that I could provide bank statements to prove payments but they would be from a closed account which is no longer operating. Luckily, the bank have advised they can send me statements going back to 2013, but it would take 2 weeks. I advised the CMA of this, and that I would provide my statements, along with tax returns for the period in question, to enable them to calculate what I should have been paying.

They advised that they are not interested in tax returns just evidence of what I have been paying. When I asked how then, if they are unsure how the arrears has been calculated, how they would work out if the arrears is correct? They did not have an answer. When I pointed out that I have had pretty much no contact from the CSA for the past 6 years, and they would have no idea what I have been paying, and therefore there calculation is likely to be based on misinformation, there was just silence. When I asked why, if I owe money from 6 years ago, I have not heard anything from the CSA regarding arrears again I was met with silence, followed by confirmation, that in 2 working days time, £180/ month will be taken from me.

I have no idea how it had been calculated and neither do CMS. I have bank statements coupled with tax returns that will demonstrate that in fact I have been overpaying based on earnings for the period in question, yet they are not interested. It’s not even a case of guilty until proven innocent. Apparently I’m guilty even if I can prove innocence.

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