Previous Maintenance

[Dianne74]

Could anyone please give advice on taking the CMS to court.

 

I have been paying maintance and have gone above and beyond by paying the same volume of money whilst my daughter was not in school for a year.

 

she came to tell me as she lives with her mum that she was 3 months pregnant and was keeping the baby at the age of 15.

despite me not agreeing with this in any way she still went ahead and had the baby.

whilst she was out of school for a year I still paid the full amount agreed even when I was not required to do so.

 

since then my daughter has not contacted me at all despite me paying for items for the baby and paying full money for a year.

to top this off her PWC opened a claim against me many years ago which has now come to light despite me paying her what we had agreed and not missing a single payment.

 

The CMS have now sent me a letter stating that I owe over £9000.

I have contacted the CMS and since this has happened myself and the PWC came to an agreement.

this I have stuck to despite my disagreement with this being claimed but according to the CMS I have no choice.

 

This has now gone a step further as the PWC has no choose to go back to the CMS for the outstanding money even though she contacted them and so did I and I was confirmed on the phone that this had be closed and she only had 30 days in which to change her mind.

 

120 days later after keeping up with the agreement that we had and both signed they are now saying that they can reopen the case despite telling me that this was not possible and wouldn't happen.

 

they are saying that although she called in and cancelled on the 7th july and only had 30 days to change her mind

she then phones in on 1st November for them to tell her she can now claim all of the £9000 supposable owed due to the fact that they had said I was closed and all the paper work had been done there end they had simply not sent out a letter to state that it had been closed. there error not mine.

due to this they are now saying that the 30 days was from the letter and the case was still open.

 

can someone please advice as it has taken them a grand total of 2 hours to contact me to tell me I owe money and have said that I will receive this in writing in 5 working days.

yet I have waited 120 days for them to send me a letter to say the case is closed and to date I have still not received this.

 

How can it be that they can send a letter in 5 days yet I wait for 4 months and still no letter.

there must be something within the law that says this is wrong and needs to be changed

as the fact that they didn't follow procedure and didn't send me the letter even after 4 months

showing me their level of incompetence that this letter or lack of has now cost me £9000 purely due to there incompetence.

 

can any one please help any information would be appreciated.

[dx100uk]

moved to the CSA forum

 

dx

[sgtbush]

Id say at getting pregnant at age 15 is statutory rape

[dx100uk]

that's helpful...not...

 

dx

[sgtbush]

No its not. Your right.

Having sex with a underage girl, well that's ok then.

I claim the adage of "clean hands"

Someone ( in the last paragraph) wants the law to protect them when they broke the law in the first place.....

[Dianne74]

Thanks for the advice but not sure what I can do to take this to court ?

[ericsbrother]

I think the best course of action is to go through every bit of paperwork you have going back the last 15 years and compare it to the law at the time and look for errors on the part of the agencies. You will normally fidn that there are get out clauses in all of the legislation that allows the CSA and all other governmental organisations to act almost how they feel as long as they have an honest belief in what they re up to is right, even when it isnt

also you will need to find out what the maximum and minimum maintenance payments would ahve been for your circumstances over this period so yo can dispute the demand, even if that dispute is for a fraction of it due to errors in calculations. these errors may well be enought to show that procedures havent been followed and you then have grounds to challenge their decision to allow a late claim etc. just saying it is wrong and unfair isnt enough, even if that is the case.

[Dianne74]

Thank you for your very helpful advise much appreciated