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Rossendales liability order & CMEC DEO

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  • Rossendales liability order & CMEC DEO

    The nightmare so far ....

    September 2009 - Child Maintenance Enforcement Commission ( cmec ) put in place a DEO for arrears , the usual 40% on net income but managed to get this reduced to £300/month and a protected earnings put in place of £274.28/week by Feb 2010 ( did take the help of our region MP ). Have paid this amount the best I could but as my flat wage is around £300/week some payments have fell a bit short due to illness or when over time was not offered.

    March 2012 - Rossendales came into this when a liabilty order was granted to the cmec for the full amount of the arrears & costs.

    I rang the cmec ( first mistake did not get this in writing ) ....
    Q - Would the DEO continue when payments are being made to them via Rossendales ?
    Ans - No, once a payment had been confirmed from Rossendales the DEO would stop.

    Contacted Rossendales and posted a breakdown of our income and out-goings with an offer of £100/month. The offer was accepted and started paying Rossendales

    The following week I checked my wage slip and a DEO payment had been deducted, checked with payroll department at work and the cmec had not been in touch. Rang Rossendales and they confirmed the payment had been received.

    Rang the cmec again ....
    Q - Why is the DEO still in place when I was told the week before that it would be removed once payments were confirmed by Rossendales ?
    Ans - Dont know who told you that, the DEO will still be in place.
    Q - How can there be a DEO and liability order in place for the same Debt ?
    Ans - It is what the cmec call a 2 pronged attact to reclaim arrears.
    Q - How am I going to afford to pay Rossendales £100/month and pay the DEO ?
    Ans - Not their problem I would have to take this up with Rossendales.

    What followed was a, heated at times, discussion as I tried to put over my argument that I was having trouble paying the DEO on its own and challenged them that because of the liability order the cmec took out they drop me below the £274.28/week protected earnings. No help No answers.

    Spent the next few weeks e-mailing cmec, works & pensions ( as I did know they planned to start running the cmec ) & MP's who had made statements posted on the cmec web site. Also posted off a new breakdown of income and out-goings to Rossendales offering a new payment of £10/month.

    July 31 2012 - Letter from Rossendales. New payment not accepted and instalments will still be set at £100/month. Reason give was that we have non-priority debts, something they did not notice when I offered £100/month. ( Also the only debt that we have is with the cmec, No loans No credit cards. ) Did call Rossendales and went itto the hole still paying cmec via DEO story. Not sure if guy at Rossendales understood just said he would log my call and wanted it by post, also I think contact cmec to confirm DEO was still in place. As yet no latter from Rossendales.

    Aug 7 2012 - Letter form cmec to contact them urgent about account with them. ( Phoned cmec ) What followed was me trying to find out why they need me so urgent. They not knowing at first then questioned why I was paying via DEO as these are usually cancelled once liability orders are in place and the letter was probably about this. As usual no case workers to take my call and some one will call back .... still no call back.

    Aug 18 2012 - This is all getting to be a bit of a mess now. Still nothing from cmec or Rossendales so its more letters of to them both . Also letter to MP see they can help.

    Any help, advise or a good old pat on the back for putting up with these idiots so long would spur me on.


    Chrs for reading

    NRP

    p.s. My son the csa payment was for is now 22years ( twenty two ) ... is a very long story. I did remarry so wife and daughter ( 14years in 2009 ) have gone through this with me aswell.
    Tags: None

  • #2
    Re: Rossendales liability order & CMEC DEO

    Firstly, NRP, sorry your post has gone unanswered for 10 days. My understanding of CSA is that it is payable up until a child attains the age of 18 years, unless they continue into full-time employment, in which case it continues until they complete their education.

    From what you say, someone, somewhere, has seriously cocked-up. Asking your MP to help you deal with this is a move in the right direction. Rossendales cannot make you pay more than you can afford. If you have a protected income, they should not be disregarding this. They hold an OFT Category F Debt Collection Licence and my gut-feeling is that Rossendales are not keeping to the terms of this licence, even though they are collecting on behalf of CMEC. You should consider lodging a formal complaint with OFT Credit Fitness Team. This is done by email at enquiries@oft.gsi.gov.uk and inserting CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You will need to quote the following details in your complaint -

    Company Name: Rossendales Limited
    Credit Licence No.: 0594823

    Hope this is helpful to you.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Rossendales liability order & CMEC DEO

      Thanks for the reply.

      Sorry the bit about my son could of gone off subject a bit. When I checked info from cmec in 2009 they did have it wrong by 1 year until he was 17 years, that was all sorted.

      I received a statement from A. Moffat, English Liability Order Team, CSA. They confirm that the DEO will not be cancelled and suggest I renegotiate with the Bailiffs if struggling with payments. All this is because the arrears will not be cleared within a suitable time scale ... ie no matter what your circumstances are they divide the arrears by 24 and that is what your payments are set at.

      Also....

      (1) I have asked for all info on my account to be posted out but they want a £10 charge to do this ... is this correct ??

      (2) If the bailiffs are acting for their client the cmec, then are the cmec in some way responsible for the bailiffs actions.

      Will use the email link along side the many other letters I have to right today.

      Sorry for the questions, do not trust the cmec as far as I could kick one ... and thats a long, long way.

      Regards

      RNP
      Last edited by NRP; 28th August 2012, 07:43:AM.

      Comment


      • #4
        Re: Rossendales liability order & CMEC DEO

        Originally posted by NRP View Post
        Thanks for the reply.

        Sorry the bit about my son could of gone off subject a bit. When I checked info from cmec in 2009 they did have it wrong by 1 year until he was 17 years, that was all sorted.

        I received a statement from A. Moffat, English Liability Order Team, CSA. They confirm that the DEO will not be cancelled and suggest I renegotiate with the Bailiffs if struggling with payments. All this is because the arrears will not be cleared within a suitable time scale ... ie no matter what your circumstances are they divide the arrears by 24 and that is what your payments are set at.

        Also....

        (1) I have asked for all info on my account to be posted out but they want a £10 charge to do this ... is this correct ??

        (2) If the bailiffs are acting for their client the cmec, then are the cmec in some way responsible for the bailiffs actions.

        Will use the email link along side the many other letters I have to right today.

        Sorry for the questions, do not trust the cmec as far as I could kick one ... and thats a long, long way.

        Regards

        RNP
        Okay. I'll answer your questions in the order you've asked them.

        CMEC can request you to pay a £10 charge for the information on your account as it is data they hold on you and falls within the ambit of the Data Protection Act 1998. You need to submit a Subject Access Request (SAR) to them and enclose a cheque or postal order for £10 clearly endorsed "Subject Access Request Only" on the front. This prevents funds from being applied for any other purpose. When you write the letter to CMEC, head it SUBJECT ACCESS REQUEST - SECTION 7, DATA PROTECTION ACT 1998.

        With regard to liability for the actions of Rossendales' bailiffs, CMEC/CSA are 100% vicariously-liable for anything Rossendales do. This is due to a legal instrument called agency, that is, Rossendales are acting as CMEC's agents.

        I can understand you not trusting CMEC or Rossendales. I am a retired policeman and would not and still do not believe anything a private bailiff says and always question what government departments say.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: Rossendales liability order & CMEC DEO

          To obtain a comprehensive view of all the paperwork relating to your 'case' you will need to send a Subject Access Request (SAR) under the Data Protection Act along with a fee of £10...there are several templates for this on the site. Always send by recorded delivery and the clock starts ticking from the date it is signed for, they then have 40 days to reply in full.

          WD

          Comment


          • #6
            Re: Rossendales liability order & CMEC DEO

            Originally posted by pepsie View Post

            WD
            WD?


            You are wonkeydonkey of CAG fame.

            I had a feeling you were secretly hiding out here.

            You never did explain yourself when you blindly acccused me of slating Marc Gander on the CAG forums.

            Comment


            • #7
              Re: Rossendales liability order & CMEC DEO

              Originally posted by Happy Contrails View Post
              WD?


              You are wonkeydonkey of CAG fame.

              I had a feeling you were secretly hiding out here.

              You never did explain yourself when you blindly acccused me of slating Marc Gander on the CAG forums.
              WD = Wayne Dennison brother to pepsie, currently reading law at Oxford, presently house sitting with invitation to read and comment on the forum pp.Pepsie...... and your problem is?

              WD

              Comment


              • #8
                Re: Rossendales liability order & CMEC DEO

                I have a problem with hypocrites, Mr Jekyle & Hyde...



                Comment


                • #9
                  Re: Rossendales liability order & CMEC DEO

                  Originally posted by Happy Contrails View Post
                  I have a problem with hypocrites, Mr Jekyle & Hyde...



                  If you have a problem I am not sure what it is...or where I fit into it? I didn't visit to get into a fight, I dropped by to see what the forum is all about thinking some research would help the 'studies'.. 10/10 to the site but if I visit again I will remember to dress in full armour..

                  WD

                  Comment


                  • #10
                    Re: Rossendales liability order & CMEC DEO

                    I thought you were wonkeydonkey from CAG, the other similarity was you telling posters to pay £10 fee to a bailiff to get a breakdown of fees. That has always been CAG territory, and modus operandi of tomtubby.

                    The data protection act only provides for a statutory £10 fee to get personal information a registered company holds about them. Debtors owing money dont need to do that because bailiffs fees are prescribed and costs are payable only if the bailiff has taken control of the debtors goods. Schedule 13 of the Tribunals, Courts and Enforcement Act 2007

                    Otherwise the debtor does not need to know what personal information a bailiff is holding.

                    The council or authority can make it over for free, or the debtor can ask the bailiff to pass a truth test on the legitimacy of his costs. If the bailiff refuses to take the test then the costs are not payable because a court says the bailiff must show how it is reasonable costs. It doesnt cost £10.
                    .

                    Comment


                    • #11
                      Re: Rossendales liability order & CMEC DEO

                      the op asked to have it confirmed if CMEC could charge £10 to supply info...answer given was YES if request made by SAR under the Data Protection Act.

                      WD

                      Comment


                      • #12
                        Re: Rossendales liability order & CMEC DEO

                        reading the OP's post, a SAR wouldn't be all that useful in solving his problem in this case.

                        Im not an expert in CSA, but I understand from his post, he says he has been charged maintenance twice, one through a DEO, and charged again by Rossendales for the same liability, and when the OP queried it with CMEC , he was passed him from pillar to post.

                        The OP needs to write a simple letter that is clearly marked FORMAL COMPLAINT.

                        He needs to say he has been charged twice, the dates of payments, and to whom they were made and enclose some evidence of those payments.

                        He then says in his letter COMPLAINT RESULOTION.

                        1. All overpayments made to be refunded to me, including interest where the law provides
                        2. To desist from charging future maintenance twice for the same liability
                        3. Explain how this happened in the first place
                        4. Explain what steps are being taken by CMEC to prevent it happening again


                        He can get NACSA to look over his case, or he can ask the Independent Case Examiner (ICE) to intervene.

                        Nothing here needs to cost him £10.

                        and i'm not an oxford don.

                        Comment


                        • #13
                          Re: Rossendales liability order & CMEC DEO

                          post withdrawn

                          Pepsie

                          Comment


                          • #14
                            Re: Rossendales liability order & CMEC DEO

                            Jekyle & Hyde... I hear you got busted on the CAG forums. Ten quid in my pocket.

                            Comment


                            • #15
                              Re: Rossendales liability order & CMEC DEO

                              Originally posted by Happy Contrails View Post
                              reading the OP's post, a SAR wouldn't be all that useful in solving his problem in this case.

                              Im not an expert in CSA, but I understand from his post, he says he has been charged maintenance twice, one through a DEO, and charged again by Rossendales for the same liability, and when the OP queried it with CMEC , he was passed him from pillar to post.

                              The OP needs to write a simple letter that is clearly marked FORMAL COMPLAINT.

                              He needs to say he has been charged twice, the dates of payments, and to whom they were made and enclose some evidence of those payments.

                              He then says in his letter COMPLAINT RESULOTION.

                              1. All overpayments made to be refunded to me, including interest where the law provides
                              2. To desist from charging future maintenance twice for the same liability
                              3. Explain how this happened in the first place
                              4. Explain what steps are being taken by CMEC to prevent it happening again


                              He can get NACSA to look over his case, or he can ask the Independent Case Examiner (ICE) to intervene.

                              Nothing here needs to cost him £10.

                              and i'm not an oxford don.
                              Hi HC,
                              Just happens a few days after writing last post I received ANOTHER from the cmec. They received a letter from the ICE the result of an email I must of sent when the liability order was served. There is ANOTHER cmec member of staff "investigating the issues I have raised" and will "consider" if the action on me case were appropriate.

                              I'll have to see what they come back with and follow up will request for refunds.


                              Regards

                              NRP
                              Last edited by NRP; 31st August 2012, 16:32:PM.

                              Comment

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