Info re waiving and course of action
Ambera_2
Posts: 23 Forumite
Hi All
I'm after a little advice on my situation. I am altering data slightly for obvious reasoning. I do apologise if I am starting a thread I shouldn't. I couldn't find anything similar to tag on to.
Last year after 15 years CSA moved onto CMO and I was told that I would be re-assessed. That duly occurred and schedule was made for payment to my last remaining eligible child who is 19.
I agreed payment plan and then was asked after a couple of days why I hadn't paid. I was not supplied with PWC bank data to pay her.
After 6 months of her failing to supply, ultimately she closed case and CMO and her waived arrears of few hundred £. Those arrears are/were inaccurate and have been something I have been to tribunals and courts on and off for 15 years fighting. Some wins, one loss with no right of appeal because tribunal accepted CSA version without evidence and disregarded my proof from my DPA file...
Moving on, earlier this year the CMO waived the arrears in full, closed the case, all done. I have the letter (keep everything, scan your DP file no matter how large) which confirms closed and arrears waived.
4 months later, a letter arrives, which baffles me but I think means case reopened, arrears escalated 5 times the value and the payment assessment is actually 6 times my assessed income per month. Start paying tomorrow almost half of my monthly income on 2 year plan, back dated to December 15 to escalate the amount per month.
They claim not to have their own correspondence stating fees waived, then claim well we can't actually waive them and we don't know where the amount comes from... so I send letter i got from them via fax but of course that is not active... By this time after 16 years - I'm on verge of insanity with it.
So my questions are to those in the know please;
I have written proof that my arrears was final and was waived and the case closed.
I am aware that the case can be re-opened if in full time education, (can they do that really after 3 months of closing down as in work...) but previously PWC lied about my eldest lad and claimed CSA for 2 years for him when he was in work.. it was only when she mistakenly advised he was in work did they stop this, however they didn't pass that information to me and I paid it without knowing for 2 years.Out of time to appeal - yup...
I have asked CMO to request proof of course title/college and course, but I read that they are not interested.
My real concern is that they yet again have fabricated events by stating the waiving letter is not on file.. yet I am reading it now.
What is my course of action here. I have previously lost a case at tribunal even though I proved they hadn't done something. Now I have the proof they actually did waive, but can they rip that up and enforce. I am beside myself with it tbh now, thinking about DEO and no rights. That cost me my job several years back where I paid almost treble my assessment and 5 years later I discovered they had overcharged and incorrectly assessed and I won due to being in time with part of the argument.
I say this because I lost 1 tribunal case where my arguments were struck out for being out of time, but CSA barrister argued that CSA didn't have to apply "out of time" to them..
My thinking here is that if case is re-opened and daughter in FT education my case starts today, no alleged arrears and I need my wages assessed and of course I need her bank details for paying. However the guy on the phone was absolutely outrageous to the point that a normally peaceful guy lost his cool
Is this letter going to do me any good!! Where do I get this resolved.
Thanks
I'm after a little advice on my situation. I am altering data slightly for obvious reasoning. I do apologise if I am starting a thread I shouldn't. I couldn't find anything similar to tag on to.
Last year after 15 years CSA moved onto CMO and I was told that I would be re-assessed. That duly occurred and schedule was made for payment to my last remaining eligible child who is 19.
I agreed payment plan and then was asked after a couple of days why I hadn't paid. I was not supplied with PWC bank data to pay her.
After 6 months of her failing to supply, ultimately she closed case and CMO and her waived arrears of few hundred £. Those arrears are/were inaccurate and have been something I have been to tribunals and courts on and off for 15 years fighting. Some wins, one loss with no right of appeal because tribunal accepted CSA version without evidence and disregarded my proof from my DPA file...
Moving on, earlier this year the CMO waived the arrears in full, closed the case, all done. I have the letter (keep everything, scan your DP file no matter how large) which confirms closed and arrears waived.
4 months later, a letter arrives, which baffles me but I think means case reopened, arrears escalated 5 times the value and the payment assessment is actually 6 times my assessed income per month. Start paying tomorrow almost half of my monthly income on 2 year plan, back dated to December 15 to escalate the amount per month.
They claim not to have their own correspondence stating fees waived, then claim well we can't actually waive them and we don't know where the amount comes from... so I send letter i got from them via fax but of course that is not active... By this time after 16 years - I'm on verge of insanity with it.
So my questions are to those in the know please;
I have written proof that my arrears was final and was waived and the case closed.
I am aware that the case can be re-opened if in full time education, (can they do that really after 3 months of closing down as in work...) but previously PWC lied about my eldest lad and claimed CSA for 2 years for him when he was in work.. it was only when she mistakenly advised he was in work did they stop this, however they didn't pass that information to me and I paid it without knowing for 2 years.Out of time to appeal - yup...
I have asked CMO to request proof of course title/college and course, but I read that they are not interested.
My real concern is that they yet again have fabricated events by stating the waiving letter is not on file.. yet I am reading it now.
What is my course of action here. I have previously lost a case at tribunal even though I proved they hadn't done something. Now I have the proof they actually did waive, but can they rip that up and enforce. I am beside myself with it tbh now, thinking about DEO and no rights. That cost me my job several years back where I paid almost treble my assessment and 5 years later I discovered they had overcharged and incorrectly assessed and I won due to being in time with part of the argument.
I say this because I lost 1 tribunal case where my arguments were struck out for being out of time, but CSA barrister argued that CSA didn't have to apply "out of time" to them..
My thinking here is that if case is re-opened and daughter in FT education my case starts today, no alleged arrears and I need my wages assessed and of course I need her bank details for paying. However the guy on the phone was absolutely outrageous to the point that a normally peaceful guy lost his cool
Is this letter going to do me any good!! Where do I get this resolved.
Thanks
0
Comments
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How much are you talking about? a few 100 £s?0
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Thanks for the reply
Yes and no.
I have a letter advising me my supposed arrears are £700 when opening case. I agreed the regular payment interval with maintenance. PWC refused to supply details for direct payment. After 5-6 months case closed. I didn't pay anything because I couldn't pay it as she refused to supply bank data.
I have a letter waiving that £700 ish and case closed. Balance zero.
I then today received a new assessment, 5 times my assessment, balance £3,500 owing....No prior communication, no attempt to discuss or to explain what it is about, just pay 5 times your assessment from 10th payment plan before 24th. So they shortened the 2 year period from 24 months to 14, then increased the monthly payment 5 times and added a completely madeup arrears.
It is as if the previous 10 months didn't exist and the 20+ phone calls and all their own correspondence, my proof of earnings etc etc.
I tried to tell them it was waived, but say no record on file. I am quite happy to post it on a public forum that's how annoyed I am tbh.
What will it be next week? Catch my drift
Edit, just got home and opened a letter in the post stating that the decision to close case re-opened, after appeal time by 3 months. Section 16 of CSA 1991. Letter clearly stated no right of appeal after 1 month when case closed.
It seems to imply that they are revoking their decision of June 2016 and then backdating. If they were a business they would be shut down for malpractice.
I am assuming I can fight this with their own proof.. it says please see enclosed fact sheet - but there isn't one.
Thanks0 -
It sounds as if you need some specialist help with this one. It may be worth contacting NACSA for advice. There is a small fee but they are very knowledgeable. Surely you should have been informed and involved if there was an appeal? Good luck.0
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Does the letter you received yesterday include a paragraph titled something along the lines "what to do if you think this decision is wrong"?I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0
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HoneyNutLoop wrote: »Does the letter you received yesterday include a paragraph titled something along the lines "what to do if you think this decision is wrong"?
Yes I rang them and I have just sent them my letter of complaint and appeal. I will have to see what happens, however I am not confident in their impartiality when they claim they don't have their own correspondence. I have history of that.
I suppose the question I am asking is;
My letter from them says no right to reinstate, then why are they. I have suggested if they can re-open case that they supply bank details and I can then pay any ongoing.
Thanks0 -
justontime wrote: »It sounds as if you need some specialist help with this one. It may be worth contacting NACSA for advice. There is a small fee but they are very knowledgeable. Surely you should have been informed and involved if there was an appeal? Good luck.
I think I shall do that, thanks.0
This discussion has been closed.
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