Wealthy ex determined to make me bankrupt through CSA
May 16, 2018
My ex earns four times more than me now £60k after my financial downfall and I earn £19k to live.
I’ve paid a private agreement for 8 years. I paid originally 4 times the amount but I don’t earn that salary now! She remarried to a wealthy husband but now she wants to crucify me through the child agency which I can’t affor. It’s for dam ski trips etc which I don’t have a say in. I want my children to enjoy but my ex seems adamant to make me bankrupt or give up work which I don’t want to do.
Written by James Cope · Filed Under CSA Complaints
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Hi James
If you want help or representation in dealing with the CSA/CMS, please drop me a line at [email protected]
Regards
David
After 12 years of marriage 3 children my ex becomes a lesbian. I leave house for her and children to live, she moves in with lesbian she has been carrying on with. Starts renting out our 4 bedroom house tricks me into letting her remove my name from deeds has not declared rent approx £1700 per month for 10 years plus.
I have to get a court order to see my kids and she still refuses me access. The only way to enforce is to go back to court costing me more money. They money I have wasted trying to see my kids is £15k plus. I have had to take her to court to get a settlement out of our fmh. Till I did this we had our own maintenance arrangements without any discussion she set
CMS on to me a year on they couldn’t get
the payments correct my new partner had to inform them I shouldn’t be paying for my eldest and tell them they have not taken my pension into consideration. I asked for a TELEPHONE call back and they write a letter. Now they have a DEO set up can’t tell me what date this will start. For there incompetence I am now being charged £300 for the pleasure. When not one letter I have received says the same figure. All I want to do is pay correct amount. They have now sent this years figures failing to take my pension into account. They then try to blame me for not sending them the statement I tell them I did the woman says she will check and owe what a surprise I did. So please tell me why I should be paying charges. I should be charging them for all my help doing there job.
If anyone knows how to get DEO reversed please before I give up work.
Chris
Chris,
They are a nightmare and hide behind a veil in order to avoid accountability.
The CMS seem to have a consistent theme of looking for ways to impose DEO as to generate 24% income. 20% from you and 4% from the mother.
24% of a ficiticious made up income, in your case and most cases.
Obviously this in the interest of the children involved, the stress and anxiety fear of not being able to pay bills and commute to work… This is good for the good of the welfare of the children.
Due process is an alien concept with the CMS, I’ve spent years of my life going through their own protocols and legislation and they routinely flout or disregard their own process and legal requirements and use administrative powers (not due lawful process) which they have very well perfected to destruction.
I had a DEO in place 1) I was paying directly at the time 2) they used historical HMRC income when they knew from HMRC my most recent income and I had sent them payslips previously.
So I had paid twice by the time a DEO had been administered, and I was not aware of said DEO.
12 months of attempted reasoning, numerous failed promises, misinformation…. Why would they bother to do the right thing when there is 24% margin plus hidden fees…. Really!!!
The institute needs to be dissected for what it is a well organised debt generation and collection agency. Whilst I’m sure in a number of cases it is warranted facilitating payment in huge number of cases parties are hounded often erroneously and against the spirit of Law, Law bring natural justice, fair and what’s right.
In your case
1) If your in a position the easiest thing would be to agree on a direct payment schedule with mother, unfortunately the prospect of reduced payment sometimes tarnishes ones view of this. But its the right thing to do.
2) Ask them for a breakdown of how they have worked out monies owed including income they have used and any exemptions. You may choose to work out what you owe and accordingly send them this information and ask them to respond within 7 days if they disagree with this.
Furthermore, state that you request to be placed on direct payment and that a DEO has been in place for x amount of time without any missed payment.
They will likely say its 25% different so can’t be taken into account and we they will review your DEO in the future just so they can be sure your still paying.
Don’t get stressed.
3) Raise a formal complaint, Tell them that your account is subject to maladministration regarding calculations made and that you are being denied the right to pay directly.
Send Everything recorded delivery, and ask for the name of the person your talking to. All letters are computer generated signatures as such ask for the name and context details of the person in charge of your case. Keep a file because in date order, as things come in slot in place with any notes of calls etc.
4) Seek legal advice on how to contest. Like any service advice and quality differs. If your part of a union usually get free legal assistance as with some insurance companies.
In simple terms if information is being disregarded and thus is causing you financial loss, this is fraud.