How can CSA investigate me on figures I have absolutely no idea about?

October 3, 2019

I won’t drag this out and go into the behaviour of my ex partner and lies she has told.
I am self employed as a Landscaper, earnings are hit and miss.
As a result sometime good, but mostly way below average.
Long story short, my Ex went to the CSA and as they do, they’ve been hounding me at every opportunity.
I had an August review this year and as a result my payments went to £57 per week.
One would think all is settled, but no.
Yesterday I had a letter form the CSA Finacial Investigations Unit.
Asking to explain my earnings fro 2016 to 2017.
They have figures listed of what I’m supposed to have earned that year.
Which I find totally baffling as I had’nt entered a tax return as I had no earnings in that period other than a minor pension draw down.
I’ve not responded as yet, but how can they investigate me on figures I have absolutely no idea about.
I’m wary to respond without advice as everyone knows they are like a dog with a bone and won’t let go.
Any ideas/advice please.

Comments

  • David Joseph says:

    Hi

    The CMS simply cannot make a Calculation if you had nil income in 2016/2017. You have zero liability. As you yourself have stated, how can they ask you to explain fictitious figures you know nothing about? You simply need to be honest and tell them that you had no earnings during that financial year and that you did not submit a tax return for the said reason.

    They should stop hounding you but if they do not, please contact me at [email protected] for advice.

    Regards
    David

  • Mike Conway says:

    Hi
    I have had much the same issue. Always had 50/50 residency from day 1 of divorce. But because mother claimed Child Benefit was considered to have care. There was a change in 2012 to the law with Paragraph 50 Child Maintenance Calculations Regulations. This moved away from CB being a deciding factor. CMS call centre people don’t know this and consistently give false and misleading advice. They litereally told me there was no way to evidence my daughter living with me more than their mother. So two tracks on this for me. One – I made a complaint against the CMS. I obtaned a transcript of all the calls under a FOI which proved the duff advice they give. This is now wiht the Independent Case Examiner. The CMS and DWP internal processes always try to circle their wagons. Don’t let them. My case has my backing and potentially my MP will be asking a question in the hosue to Terese Coffey on the debacle that is the CMS and the duff advice and self protection of its staff. Two – I progressed through the Appeal process culminating in a HMTCS Tribunal. This is with a Judge who is decent and doesnt have any prejudice on the case. I won my case and he judged it to have ‘no non resident parent’.. The CMS then withrew the claim for the time period in question. I still have a dispute for the years previous as the regime of care was the same. This will hopefully end up in another Tribunal. My advice is don’t give up. Get to a Tribunal. Keep a diary of care. My Tribunal Ref number is SC286/17/01029 for reference as it may set precedent on the principles of the judgement. The CMS system is corrupt and skewed against good fathers. It needs breaking and rebuilding. And good luck. Mike

  • Notafanatall says:

    David, I reached out to you for the same reason. Fictitious arrears, however you took my money (quite a bit) and failed to challenge the arrears which then resulted in Court action and a lot of stress for me and my family.

    You don’t practise what you preach, but rather prey on vulnerable people in need of help.

    To the moderators of this site, you should not allow a party to offer their services claiming to be Lawyer when they have no formal legal qualifications.

    This site should be for people seeking genuine help and advice.

  • >