CMS0007

 

Written evidence submitted by anonymously

 

During the period in question 1999-2002 as stated (4a)

I was a sole parent to my daughter ********* born ******1991 and therefor responsible for all the daily duties schooling etc, the mother living in *****

some 5 hours away due to the actions of the claimant ***** after having a short relationship which then resulted into her previous incarceration approximately four times and facing 5 yrs for stalking which were dropped for the benefit on the then unborn child ******. Due to the situation at the time ********* was contacted by my solicitor on a number of occasions regarding the welfare/maintenance of the child ****** with no response.

I was contacted by the CSA on the birth of the child, where I questioned paternity: due to the claimant ******* giving false information which I was told by the visiting bailiff and after being visited by the CSA under investigation where the investigator suggested “ I give my daughter ****** back to her mother then I could pay the CSA” this meeting was abruptly terminated by myself and requested a court hearing resulting in arrears of £17500 by May 2002, a 2 1/2 year period for which I was due to appear at ********** County Court in May 2002. Prior to the hearing, in May of 2002 I was contacted by the CSA and assessed, after an investigation and to include me being a sole parent to my daughter ***** of then by now 11yrs old, and my Financial situation the arrears where removed and nil rated,(5a) this was confirmed by faxes to and from the CSA, later contacting the CSA by phone to make sure the amendments have been made ( ) then receiving a statement around a month later to clarify this. As a result of the constant threats by the CSA at the time driven by the claimant, I was now showing clear signs of stress covered in psoriasis and also fighting to keep my daughter ******.

 

The gifts Birthday’s/Christmas’s etc sent to address of ****** returned marked “spermdoner” by the mother ********.

 

I have never given any cause to be denied the right to ******* and always remained open to do my part as a parent……..

 

In 2015 some 13 years later recovering from a nervous breakdown as a result, I received a letter from CMS stating I owed suspended arrears of £8652.00 on contacting the CMS they were unable to give me any details, except how to pay.

 

Another conversation with the CMS they stated “I never had the money to claim then, but I do now.” and payment in full or wanted £332 p/w minimum payment which at the time was not possible.

 

After several letters sent by recorded delivery to the CMS and receiving several contradicting amounts, dates and payments from the CMS, adding only confusion with no replies to my questioning letters of clarification also sent recorded delivery.

 

On attending the *********** Court a liability order was granted for suspended arrears for £8652.01 from the CSA with no evidence provided by the CMS or clarification for the period. Which I disputed at the time and the magistrate asked the CMS to look into the matter, which was never done (this was not a fair hearing as my circumstances not considered).

 

A charging order was made for the first liability order without me being notified until it was received from the court *******, later confirmed by letter from the CMS

 

Armed with the liability order the Child maintenance service then involved Marstons Collection agent, (8a) I notified them with all the information with regards challenging the arrears and after adding a £700.00 charge with the bailiff attending the wrong property and serving notice,to my neighbours house this was then halted.

 

With the help of my MP, the CMS stated in a letter the dept was suspended in 2002 and was an Intrum amount of £123.60 per week for the period 2001-2002 (6a) total of £8652.60

 

I requested my file from the Child maintenance service received via the FOI act, there was no information of the assessment contained for the period of May 2002 included, however Communication by fax was clearly stated.

 

On receiving evidence of my Financial situation for the period 1999 at gross turnover of £19,000 and gross taxable income £14,000 then 2000-2002 clearly showing no income for this period by way of the HMRC and raising a complaint with the CMS, due to the closing of my business in 1999 as a contact road sweeping Business as it was not possible with child care, and child maintenance based on gross turn over the CMS reducing the original amount from £126.50 per week to £54.00 per week, but increased the period from 1999-2002 total £8740.01 an increase of £80.00

 

I was then taken back to court by the CMS for the period extended from 1999-2002 for a further amount of £4800,00 and a second liability was granted making a total £13452.60

 

I then contacted the independent Commissioners office and asked for my case to be investigated which was excepted.

 

Also contacting the parliamentary ombudsman I was advised to re-apply under the F.O.I for the specific details of the period in question and they would contact the DWP with regards this matter.

 

The second charging order I challenged at the court at ************ as by the admission of the Child maintenance service( ) they cannot claim money though the court prior to July 2000 as stated in there letter (7a) and also clarification of the amount, the first liability was said reduced to £3000 and second liability for £4800.00 total  £8470.01

 

In November 2020 I received my evidence (6a) by way of transcripts from the DWP via the F.O.I clearly showing there was no arrears prior to 2002 and presented it to the independent commissioners examiner, and notified the Child maintenance service of this.

 

The CMS accepted this letter and replying some 3 months later (7a) stating that the investigation by ICE would be a contributing factor, however not wishing to review my case and continuing legal action to recover the disputed arrears.

 

On receiving a monthly payment plan(9a) from the CMS of £36.50 for a 12month period, I made 1 payment on the 27th December 2019 Stating this was not an admission but hoped it would halt further forced Collections giving time for the investigation by ICE, however the second payment was stopped by the CMS on contacting the CMS by phone it was refused as they would not except this amount…

 

On receiving a letter from ************** and threatening legal action by way of force sale of my property, and again stating that the amount being in dispute also being investigated by ICE, ************ continued with legal action which resulted in the hearing being adjourned, as for the CMS to answer my evidence by way of the transcripts to satisfy the court and me being advised to apply for a set-aside.

 

After attending/writing several failed attempts to apply for the set-aside at ********************** Court due to not being possible at this court and no advise offered on how to apply for set-aside.

 

After receiving a email from Somerset crime giving clear instructions of how and where to apply for a set-aside:

 

Returning to court again in 22/10/2021 the hearing was yet again adjourned giving me more time to appeal at now ********* family court, with the CMS still not responding to the questions of my evidence given previously.

 

After contacting ICE several times, and the investigation being hampered, as my case file has still not been received to date by ICE from the CMS which was requested in January 2000 and several times since with my MP also asking for my file to be sent to ICE.

 

On applying for a set-side at *********** family court, I was told that it was “out of time” which I then questioned as this is an official error made by the CMS which to me is fraud as the liability’s was granted for the suspended arrears from the CSA, which I have clearly proven not to be the case.

 

The National audit office have clearly stated in their findings contained in their reports of this very situation, as the CMS continue to issue false and fictitious arrears from the CSA some years later. Very often resulting in documented suicides with the CMS not being held accountable this is also of no benefit to the child/children involved.

I have ever only asked for clarity and honesty, and I am more than happy to have my case reviewed by an independent, to resolve this matter and highlight the gross misconduct of the organisation now called the CMS, with the hope that other people don’t have to endure with the child’s welfare be taken into consideration.

Please also find letters from my doctor and counsellor as a result of this continuing drama.

 

 

This is my true statement, and with all information held:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Questions

 

 

1)       What is the point in an assessment, if years later can be changed with no change of circumstances during that period.

2)       How can liability orders be made with no evidence produced at court and when questioned by the magistrate, ignored by the CMS.

3)       Why is there no appeal process in a court of law for which you where convicted and no information of how to appeal *************

4)       How is it possible to continue with legal action when in dispute, and the CMS withhold the information required by the independent Commissioners office (ICO) to conduct an investigation into the matter (deception)

5)       When given clear undeniable evidence to contradict the conviction made, clearly showing an official error (wrong in law).

6)       How can a government organisation continue to make these failings, affecting my documented mental health which in turn affects the people around me.

7)       Should it be so that the claimant is rewarded some 15years later for the devastation she caused with her actions resulting in the father never being part of the child’s life, then placing me in Financial hardship as a result with no benefit to the child in question.

8)       If my address is wrong therefor the valuation is wrong, is this done to yet again deceive the court ? or just yet again a mistake as there is some question over a piece of land which I do own, together with information of selling cars on facebook ?

9)       Also the payment I made on the      for £36.40 has not been deducted from the total amount.

10)  During the period of 1999-2002, I as a man was discriminated as a sole parent to my daughter by the CSA as the information requested for assessment did not accommodate a father with a child as a full career.

11)  Prior my daughter living with me, I took an active role in her upbringing and paid maintenance each and every week without fail as I feel no matter the circumstances a child should have the right to both parents and vice versa:

 

 

 

 

 

 

 

 

 

What I have learnt

 

1)       The CMS can pull amounts from thin air for any period know matter how long, without having to justify or be open to any question. Not having to refer to the case file or previous assessment, made at the time:

2)       Placing you in a court of law, with even the magistrate being able to question the amount requested.

3)       Therefor removing your right to appeal, and receiving a fair trail:

4)       Driven by the claimant very often with false information provided with no repercussions.

5)       The CMS appear not answerable to anyone, and also combined with the amount of mistakes that are made by this organisation there is only one result:

6)       I have suffered though stress, resulting I my life being changed forever covered in psoriasis not even ever being able to swim with the children.

7)       All I have ever requested is fairness the system of child maintenance should be that both parents should be responsible for the child both financially and physically.

8)          Not one parent be rewarded, and the other chastised.

 

 

March 2022