CMS issues
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surveyor_101

Original Poster:

5,069 posts

208 months

Thursday 13th May 2021
quotequote all
Anyone know of solicitors who can deal with the CMS?

I have had nothing but issues with them.

I currently am being expected to pay maintenance twice for the same kids as they issued a collect and pay to my employer which they haven’t recalled but they have also returned the account to direct pay and told me to make payments direct.

They won’t speak to me and I have filed a formal complaint.


randlemarcus

13,646 posts

260 months

Thursday 13th May 2021
quotequote all
Absolutely everything in writing. Was my rule from Day One with the CMS predecessor. Annoyed the feck out of them, but saved my bacon on more than one occasion when they cocked it up again. Might be better to use your MP than a solicitor - they're not set up to humanise those evil non-resident parents, they have far more power than is reasonable, and will probably dig their heels in if confronted by legal threats. However, MPs seem to be able to pull their leashes quite hard.

crispian22

979 posts

221 months

Thursday 13th May 2021
quotequote all
Good luck with it,in my experience, they are nothing but sexist men haters.

Good advice getting everything in writing though,after my last phone call with them where a manager made the threat of "you really don't want us coming after you as we will make your life hell" ,I specifically barred them from phoning me again and everything to be put in writing.

Government sponsored life wreckers.

theboss

7,504 posts

248 months

Thursday 13th May 2021
quotequote all
Try this guy - Mike Smith @ DLS - https://www.childmaintenanceadvice.co.uk/

I used him for specific advice around shared care and CMS.

He offered a telephone based consultation for a very reasonable fee and is extremely knowledgeable about anything to do with the CMS.

Edited by theboss on Thursday 13th May 10:43

juniorbox

100 posts

173 months

Thursday 13th May 2021
quotequote all
I can highly recommend NACSA: https://www.nacsa.co.uk

Good luck - I know just what a Kafkaesque experience dealing with the CMS is :|

agtlaw

7,397 posts

235 months

Thursday 13th May 2021
quotequote all
theboss said:
Try this guy
I used him for specific advice around shared care and CMS.

He offered a telephone based consultation for a very reasonable fee and is extremely knowledgeable about anything to do with the CMS.
Is that person a qualified solicitor? Website appears to suggest otherwise.

theboss

7,504 posts

248 months

Thursday 13th May 2021
quotequote all
agtlaw said:
theboss said:
Try this guy
I used him for specific advice around shared care and CMS.

He offered a telephone based consultation for a very reasonable fee and is extremely knowledgeable about anything to do with the CMS.
Is that person a qualified solicitor? Website appears to suggest otherwise.
I don't know - you'd know more than I do with it comes to the regulatory stuff. They claim to offer qualified advice and the founder has a law degree. Can't see him on the SRA's register but then if he only deals with CMS related matters and tribunals does he need to be?

All I know is that he gave me some very helpful targeted advice around dealing with a CMS case, for 1/1000th of what I spent with my other lawyers, and appears to have represented parents in many tribunal cases.

agtlaw

7,397 posts

235 months

Thursday 13th May 2021
quotequote all
I’d caution against using any McKenzie Friend. If you do then be aware of the risks of using an unqualified and unregulated amateur.

Find a qualified solicitor / barrister who specialises in the area.

Psycho Warren

3,087 posts

142 months

Thursday 13th May 2021
quotequote all
Is it still the case with admin fk ups that CMS keep the overpayments rather than refunding you or sending it to her?

surveyor_101

Original Poster:

5,069 posts

208 months

Thursday 13th May 2021
quotequote all
Psycho Warren said:
Is it still the case with admin fk ups that CMS keep the overpayments rather than refunding you or sending it to her?
Long story short the calculation has been wrong for 9 months, and they came out of nowhere with an underpayment.

I asked for a breakdown of this as always paid what they said, they just ignore.

They lost my court order and decided to make up the nights I have my girls.

I challenged the current calculation with a mandatory reconsideration, they took 4 months and did it on the old calculation from before which they had already amended!

My ex has tried playing beggars saying I am not paying, although she claims she didn’t.

They didn’t send me a letter challenging it, just next thing was an deduction from earnings a 4K out of nowhere.

My ex has cancelled the claim and I have paid her money this month as she needed it, as it takes two months to get payments taken.

They have sent the case back direct pay but not told my employer who are poised to take the first payment!

They seem ignore 4/5 of my letters!

juniorbox

100 posts

173 months

Thursday 13th May 2021
quotequote all
surveyor_101 said:
Long story short the calculation has been wrong for 9 months, and they came out of nowhere with an underpayment.

I asked for a breakdown of this as always paid what they said, they just ignore.

They lost my court order and decided to make up the nights I have my girls.

I challenged the current calculation with a mandatory reconsideration, they took 4 months and did it on the old calculation from before which they had already amended!

My ex has tried playing beggars saying I am not paying, although she claims she didn’t.

They didn’t send me a letter challenging it, just next thing was an deduction from earnings a 4K out of nowhere.

My ex has cancelled the claim and I have paid her money this month as she needed it, as it takes two months to get payments taken.

They have sent the case back direct pay but not told my employer who are poised to take the first payment!

They seem ignore 4/5 of my letters!
I had £11K taken from my bank account for "underpayment" during the years the child in question was living with me full time...... same as your experience, sending proof/court orders means nothing. NACSA has been great, I should be getting £6K back in a couple of weeks, then just got to pursue the other 5!!


Edited by juniorbox on Thursday 13th May 15:45

Psycho Warren

3,087 posts

142 months

Thursday 13th May 2021
quotequote all
No wonder men put on a batman suit and climb on a bridge....

surveyor_101

Original Poster:

5,069 posts

208 months

Thursday 13th May 2021
quotequote all
Psycho Warren said:
No wonder men put on a batman suit and climb on a bridge....
The best thing seems to be self employed 12.5k through paye etc.

They seem to make it up as they go along.

It’s caused so much stress and my ex up until recently has used it as a weapon in which to threaten and bully me.

I basically have to agree to letting her new bf take my kids out on his own even through he has previous for under sex with a girl or she does this st!

I have been super nice and she seems ok to cancel it!

Psycho Warren

3,087 posts

142 months

Thursday 13th May 2021
quotequote all
I thought they had clamped down on women just doing CMS willy nilly and changing their mind every 5 minutes? Ie CMS or not,

surveyor_101

Original Poster:

5,069 posts

208 months

Thursday 13th May 2021
quotequote all
Psycho Warren said:
I thought they had clamped down on women just doing CMS willy nilly and changing their mind every 5 minutes? Ie CMS or not,
I think they may well be anti men.


The staff don’t even know what info is in the standard information sheets they send out.

I have had one tell me that private pension contributions are not deducted, which they are, so that allows you to lower your income slightly.

Some things they post, some they email it’s hit or miss Willy nilly. I already had a claim last year i under paid as she owed me money for a bill of her I paid, she refused to pay back and ignored emails so I took some out of her maintenance over a few months and she called up and I had to pay her back within 14 days and proof it.

They emailed on the 28.04 to say a new letter and when I logged on nothing since JANUARY. This was the attachment to earnings as I Had no responded to them!

Also worth adding when I had a month out of work I told my new salary online and they issued a zero payment plan! It took two months to get them to sort it. I paid like a fool.

The next day I logged on 29.04 and a letter from the 11.03 appeared as if by magic saying I had not been paying had not been paying.

I have a screen shot of the missing letter on the 28.04 so can prove it was never there before the 29.04.

LordHaveMurci

12,336 posts

198 months

Thursday 13th May 2021
quotequote all
A different perspective.

I’m a (male) receiving parent, not terribly PH i know hehe

Get different advice each time I speak to somebody, the amounts on their website are different to the amounts I receive, nobody can explain why. They’ve just INCREASED her payments at annual review by over 30% despite her salary dropping by nearly 25% yet nobody can explain why!

She keeps raising mandatory reconsiderations, they always find in my favour yet they claim she can continue raising appeals for as long as she likes rolleyes

Not sure they’re men haters, 100% sure they’re f###ing useless though!

Best of luck OP, must be stressful enough without them messing you around.

surveyor_101

Original Poster:

5,069 posts

208 months

Thursday 13th May 2021
quotequote all
LordHaveMurci said:
A different perspective.

I’m a (male) receiving parent, not terribly PH i know hehe

Get different advice each time I speak to somebody, the amounts on their website are different to the amounts I receive, nobody can explain why. They’ve just INCREASED her payments at annual review by over 30% despite her salary dropping by nearly 25% yet nobody can explain why!

She keeps raising mandatory reconsiderations, they always find in my favour yet they claim she can continue raising appeals for as long as she likes rolleyes

Not sure they’re men haters, 100% sure they’re f###ing useless though!

Best of luck OP, must be stressful enough without them messing you around.
I think they don’t have a clue but as long as the parent gets the cash for the kids, the staff go home thinking they are doing gods work.

Give you example in the last 10 days I have had 3 different calculations 28.04 770 which is what my work got, then the weekend 07.05 1276 was the attachment to earnings text to me but not calculation sheet to back it up.

Then the 11.05 534!

It’s like a lottery



Edited by surveyor_101 on Thursday 13th May 18:06


Edited by surveyor_101 on Thursday 13th May 18:08

Psycho Warren

3,087 posts

142 months

Thursday 13th May 2021
quotequote all
sur3ly the rates are published in black and white? they certainly used to be. how can they fk that up?

surveyor_101

Original Poster:

5,069 posts

208 months

Friday 14th May 2021
quotequote all
Psycho Warren said:
sur3ly the rates are published in black and white? they certainly used to be. how can they fk that up?
It's a percentage of your salary, but the staff training is terrible as many tell you different info and don't understand how anything's works.

It varies on how many kids and how many nights the spend with each parent.

They seem to just make it up as they go along, I have not had a correct calculation in two years and they won't deduct my private pension contributions even though you are allowed to exclude those form your income.

It's so badly run and no one seems to care.

I have heard so many horror stories!

Psycho Warren

3,087 posts

142 months

Friday 14th May 2021
quotequote all
So its not changed. it was always a simple formula of salary percentage, amount of time you have them etc.

Those are absolute figures, how can they get it wrong other than total gross incompetence?

I had to deal with them about 13 years ago with an unmarried ex with kids from a previous who though she would be able to get maintenance from me under some "children of the family" rule. The dumbfk didnt realise that doesnt happen if not married and if married only in rare occasions - usually when you also have kids with said woman.

That was under the old system so is it even more dysfunctional now?