Child Maintenance Overpayment
11 January 2022 at 3:04 pm #64804
ITS FINALLY OVER FOR ME
After 3.5 years they have finally paid me out the over payment, mostly paid but acceptable for closure
The main thing is to not get put in this position as i have learnt.
So my timeline is below:
Sept 2018 Payments are increased as i started a new job, incorrect all the way as i can read and debate the info they sent
I complain, endlessly and no one does anything, not a single manager callback either, ever, in the next 3.5 years!
Followed the complaints process, mandatory reconsideration, you name it i followed it. Came to the conclusion they are simply stalling as a promised resolve led to another promise and so on
May 2020 Following their internal process i am in court (Telephone Court) claiming they are wrong, judgement goes my way and credit awarded
Endless calls about when i will see my money back, nothing actioned my way
October 2020 Credit is applied to my account
Still no money, then the figures are removed from my account and its closed so unable to send messages to the CMO
More endless emails and calls, involved my MP, CMO slowww timing me all the way.
January to February 2021 I completed a Subject Access Request on myself and my credit was actioned then stopped, information redacted as to why
More endless calls and emails, give up then SUDDENLY they contact myself and discuss the refund…so back into their game i go
January 2022 Credit is returned to myself, today, less than i think but enough to close the matter at my end as i’ve had enough
So many things wrong in this journey, it didn’t have to happen in my view and that’s the best advice i can give here, keep CMO out of it if you can and if not get regular updates, watch the dates to give you structure, they aren’t looking out for you at CMO that’s for sure
Please see the above notes i have made for more on my story, hopefully it helps someone else in a similar predicament but here’s the highlights:
Always put your child before you’re relationship with your ex, separate them and keep them that way
As the NRP you will never be able to not pay when working, you should always support your child in any case
Always pay what they ask, on time, keep an eye on the dates too and query as you go along. Pay the extra 20% to indemnify yourself if you can should you feel its incorrect.
Remember when it ends to stop paying when that date is reached, if they disagree they will call you or write to you and then its up to them to provide a reason for continuance, this is partly how i overpaid. Don’t be afraid to interact with them!
Remember they can’t take what you haven’t got or increase payments because they don’t like you
Use the 25% variation rule to your advantage, its there so use it. drop your wage 25% then up it 24% from that figure, remember you can do this as often as you like and they have to work with you as 1) You’re working so a favorite target and 2) You’re willing to work with them and keep them informed.
Don’t be afraid or feel ashamed to discuss whats happening, educate others about this organisation and the harm they cause, my ex had plenty of bad times without money because of them, periods when i didn’t have to pay etc and i learnt never to pay unless they told me to, then you have to prove payments and its taken 15 months to get it sorted out! Saw my kids more in these periods too as i fed them properly
Well that’s me, thanks to everyone here for their support and ideas, good luck to those still fighting for their part of fairness and equality
I will keep my notifications open for a while or PM me if you have something you want to run by me
MD12 January 2022 at 1:03 pm #64879
Hi Mercury dad,
I’m very pleased that you finally got what you were due. But it should never have come to that, however being in the midst of it myself I know what it’s like! I am probably at the start of your journey.
I am sure you are very relieved.12 January 2022 at 1:29 pm #64882
Cheers Gertrude14 January 2022 at 10:59 pm #65025
I wasn’t going to post this update but I decided to, to even highlight once again the incompetence of the CSA.
If you read my post above I had arrears put onto my account that should never have existed.
I contacted them and all sounded good, they knew where the arrears were from, I provided the necessary evidence I made the payments.
Now today I got a call from another case worker saying that they deducted one month’s payment and not both from the outstanding arrears. Which obviously still left me with arrears to pay.
I had to highlight yet again that I’ve provided evidence that I paid for both months. And told her it needs adjusted and effective from the start of the annual review year. She even said to me on the phone she couldn’t work the system and would ring me back after she went for some training session she had to attend. Needless to say I didn’t get a call back.
I don’t have any trust that anyone in the CMS knows what they are doing. Seems everything is a battle with them and we need to be on top of every figure they give. Otherwise if you don’t appeal within 30 days you’re basically snookered. Oh and that’s 30 days from the date of the letter, which usually arrives 7 days after they post it. I’ve asked them to put them onto the portal, I am still waiting.
I’ve also asked for a detailed breakdown of the calculations. 3 months ago and still waiting.
Good luck to all stuck dealing with this incompetent organisation.15 January 2022 at 12:08 am #65026
Hey mate, so sorry that you have to go through this. I am quite a strong guy but the CMS almost broke me. The training there is atrocious. I had so many promises from so many staff and team leaders saying they were in the wrong, then every brown letter through the door I would panic. Eventually took them to a tribunal and won the case. Equal shared care as it was 2 years ago. Took them 6 months to acknowledge they were wrong . Then another 2 months where they lost my statements even though I uploaded then on several occasions as its in my interest to get the payments back! Eventually I got 4k back. 5 months missing but decided to cut my losses. Absolutely disgraceful set up to deal with child maintenance. It was nice to hear the judge destroy them, but 5 years of my life knowing a 13 digit pin off behalf, security checks x 10 on every call. My address details checked by 3 different people on every call I was transfereed to. When I won in the trinunal. Rang CMS for money back. They initially told me to recoup the money from my ex and to take her to court! Despite he fact they made the error. Eventually the money after another 25 circa phonecalls with 40 minute holds…
Have so many friends at the start of this unfair system. Jesus. Where is the WOKE crowd now? Look after us – the dads that fight every day just for the right to see their sons and daughters and not bankrupt us in the process! fuckers! When they calculated my pay the previous year I had a company car. I had moved to a new company and had my own car. Yes they calculate my payments the year before on my tax p11. I sent a letter in from my new employer saying I had no company car. They still included the 12k benefit in kind on my salary! Phoned them (eventually got through) and because it wasn’t 25% less than my salary I just had to accept it. So they took money from me when they knew they were in the wrong. Horrible. Great day (well phone court day) when I took the cms to a tribunal and won. No apology though. Fuckers.16 January 2022 at 5:02 pm #65083
Hi Angry Dad
That’s a worse experience than mine i think, well done you for sticking it out and getting the right result
That 25% rule they hide behind so they don’t have to make a decision i’d say, so their work isn’t looked at or rationale questioned.
The company car calculation sounds frightening, I didn’t know that had an impact on the adjustment, makes you want to not get promoted or earn more…what a shambles they are.
What’s strange is none of us have called them and got a positive response to resolving an issue…that surely can’t be right as the NRP, not a single case resolved off the back of one phone call… 20 years later and that had just occurred to me here with your story above, they can all go fk themselves tbh
All the best
16 January 2022 at 5:04 pm #65085
- This reply was modified 2 days, 8 hours ago by Mercury Dad.
Keep at it Gertrude
It may not look like it but you’re winning here, making them reconsider in favour of you
MD18 January 2022 at 11:47 pm #65272
I have read all of your posts, looking for some advice for my hubby. It is an absolutely disgusting and deflating read #sigh. To cut a long story short as you’ve probably been through it yourself, he has been paying £350+ for 1 child (or funding the child’s hideous mother I should say!) throughout the 11 years we have been together. We have 2 children ourselves, oldest is 9 and youngest only 10 months. He paid every month religiously because he had to or be penalised. The CMS never ever, listened to his side. They never followed up on the lies she told about the child still being in education. They drove him to the point of desolation. He has no fight left and was just counting the months until payments ended for good, which was to be may this year. So…he didn’t recieve his annual review statement for this year’s payments. It only said ‘nothing to pay’ on his portal. He messaged them asking why? The reply: our records show your payments ended in September 2020″..or something of that effect. Anyway maybe she couldn’t prove the child was still in education (because he wasnt!) Or maybe CMS have become aware that she isn’t recieving child benefit anymore. Who knows because both parties are lying showers of shite! She is a horror so there’s no contact unfortunately and you all know what happens if you try and speak to anyone fair and just at the legalised fraud/theft department. So infuriating. Sorry…so…in December 2020 his annual review statement said his payments had not changed for 2021. 12 x £350+. No mention of case over since September. No letter to say payments not required, no portal message. I’m going to guess at them blaming it on covid catch-up! So he made those payments as they requested resulting in 16 months of over payments. He doesnt have the will or fight to start another battle with them. He’s just relieved it’s over. But I DO! He works his back out sometimes 7 days a week to provide for our family and fund her holiday’s! I can’t remember when he last had a holiday.. christ,he rarely has a day off! All through lockdown, covid, a new baby, he paid. And he wasn’t supposed to. It wouldn’t be an issue if she was fair towards him and the child through the years. Unfortunately the apple hasn’t fallen far from the tree either which is pouring salt in the wound. 😔 My question is what is the real probably of getting this money refunded without a long drawn out saga. I dont want to prolong this bulls’t for him but its not fair. I feel for all of you. Its scandalous. His portal now conveniently says “no open cases” 🤬