[Solved] Anyone else overpaid? I need help/advice

I have no experience of this, but couldn't not reply and say that I now how you feel. Its so unfair isn't it. My child is only 7, and already I am thinking about what to do when they get to 18 as I will not know what they ar doing education wise. I am thinking that when they get to 18 I am just going to stop paying.

Let us know how you get on, but I feel that small claims court is the only way forward.

hi,

small claims info: https://www.gov.uk/make-court-claim-for-money

do you know your ex's address?

other issue is, what if she doesnt pay? she could tell court shes not working, on benefits, then you dont get any thing back. some people just disappear and case gets closed.

I've got a similar issue mate. Unfortunately, I need to wait on my case going to a tribunal to (hopefully) get a decision that my adult child is no longer in education. He hasn't attended at all during 2018/2019 school year but my ex apparently just has to say he is and that was case closed as far as the CMS were concerned.

Whilst I'm awaiting the tribunal decision I need to keep paying (under threat of sanction same as you) and as such I have already started researching on how I'm going to get my money back. There is an official procedure that the CMS are supposed to follow for overpayments. FYI - all of the CMS internal procedures are available as pdf's on the 'Voice of The Child' website.

The report you are after is on the following link: https://voiceofthechild.org.uk/wp-content/uploads/2017/11/Overpayments.pdf. You will note that the CMS are able to refund payments in certain circumstances. It's worth checking this to see if your situation would qualify.

I would appeal if I was you. I genuinely don't know how successful you will be but you have nothing to lose. In my opinion (and experience unfortunately) the CMS call handlers always give you "advice" that they think will just get you to go away quickly. If you go and deal with this yourself via the small claims court, the CMS don't have to do any work which is exactly what they want.

If your ex is the same as mine you will be lucky to get the money from them. Mine is a career benefits claimant so it's unlikely I would be able to realistically recover the money from her even if won a small claim court case. However, if you think you can recover the money that way then perhaps that is a better route for you even if it does let the CMS off lightly.

The injustice of my situation has really affected me this last year so I know how you feel. Every single month I need to pay over £650 that I can't afford and I know she isn't entitled to whilst struggling with other bills.

I wish you well and hope this helps.

do you know your ex's address?

Nope, a point I made to the service rep in the phone.

I've got a similar issue mate. Unfortunately, I need to wait on my case going to a tribunal to (hopefully) get a decision that my adult child is no longer in education. He hasn't attended at all during 2018/2019 school year but my ex apparently just has to say he is and that was case closed as far as the CMS were concerned.

Whilst I'm awaiting the tribunal decision I need to keep paying (under threat of sanction same as you) and as such I have already started researching on how I'm going to get my money back. There is an official procedure that the CMS are supposed to follow for overpayments. FYI - all of the CMS internal procedures are available as pdf's on the 'Voice of The Child' website.

The report you are after is on the following link: https://voiceofthechild.org.uk/wp-content/uploads/2017/11/Overpayments.pdf. You will note that the CMS are able to refund payments in certain circumstances. It's worth checking this to see if your situation would qualify.

I would appeal if I was you. I genuinely don't know how successful you will be but you have nothing to lose. In my opinion (and experience unfortunately) the CMS call handlers always give you "advice" that they think will just get you to go away quickly. If you go and deal with this yourself via the small claims court, the CMS don't have to do any work which is exactly what they want.

If your ex is the same as mine you will be lucky to get the money from them. Mine is a career benefits claimant so it's unlikely I would be able to realistically recover the money from her even if won a small claim court case. However, if you think you can recover the money that way then perhaps that is a better route for you even if it does let the CMS off lightly.

The injustice of my situation has really affected me this last year so I know how you feel. Every single month I need to pay over £650 that I can't afford and I know she isn't entitled to whilst struggling with other bills.

I wish you well and hope this helps.

I was told today I can stop paying immediately, they will put that in writing too. Since for me to have to pay my daughter would need to be in further education and my ex would be claiming child support too and she is not... I dont fully understand it all.

On the repayment front if I had refused to pay and they had forced me by stealing it from my employer before I got it then annoyingly it would be a straight forward procedure..... but they told me it was best to pay direct to the parent and I paid the extortion directly.

*note to those who may think stealing is the wrong term (they can take the money with out your consent, that is theft)
*extortion ? Definition: the practice of obtaining something, especially money, through force or threats.

If anyone from the CMS reads this, two things. 1) the amount charged needs to be affordable to the paying parent, calculated after essentials are deducted. 2) if you guys are really there for the benefit of the child then access rights are a must!

(Sorry that last bit is a tad off topic but I am sure you guys can relate)

Thats great news! Well done and I bet it is a relief all over.

Could you explain your point here that you said about if they had taken money from your wages it would be a straightforward procedure?

I'm just thinking what is the best thing to do if you know your child is not in education, but are still being forced to pay maintenance.

Thats great news! Well done and I bet it is a relief all over.

Could you explain your point here that you said about if they had taken money from your wages it would be a straightforward procedure?

I'm just thinking what is the best thing to do if you know your child is not in education, but are still being forced to pay maintenance.

According to the CMS if i was paying through them (which means you pay more as they add a percentage etc) then they would deal with the overpayment and recover the money. since I paid direct to my ex (via bank transfer) I have to recover the money.

given direct pay is the method they recommend and the one that doesnt add a fee to the payment I am a tad at a loss as to why they wont help recover money they have helped her get fraudulenty (unwittingly yes, but still....)

I have been re assured today that as far as they are concerned right now the case is closing and no payments further are expected. I am yet to do cartwheels though as I am sure my ex will find a way to work the system and set them back on me.

some very grim reading but atleast mrgreaper is getting somewhere. some lovely stuff i can expect to look forward to in a couple years time. my kids are aged 6 and below. will give it few years, then try get 50/50 shared care in courts. then hopefully can ditch CMS payments. for my march 2020 review, my income has not gone over %25. thank God.

First post here as I have just joined. I found this when I did an online search. I was awarded an overpayment plus costs because the mother still resides at the former matrimonial home. I self-represented in court and it was straightforward. Anyone else out there looking to recover overpayments, please do not lose hope. Your circumstances may vary but the principle remains the same.

Posted by: @mrgreaper

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Ok so my daughter turns 19 soon I last saw her when she was about 3 or 4 thanks to an evil ex. I have been paying Child support (child maintenance now) for years.

Last year I wanted the child maintence service to check my daughter was still in education, I was told they could not and it was my responsibility to prove if she wasnt...how do you do that if you have no details other than a bank account number and sort code????

This year I mentioned it to them and they said the CMS and Child benefit systems are linked, so they could check for me ! Yay. The next day I get a phone call that there is an issue on the account relating to this. They could not give me any further details but told me they have written to my ex and have to give her 14 days to respond.

Today I phoned them to get an update (we have passed the 14 days) It transpires that my ex stopped getting child support/benefit last year! The CMS people cant get hold of her. So they said the case is to be closed and I can stop my payments....first up YAY I can afford to have two meals a day again!

So here comes the issue, I asked the adviser how do they go about reclaiming the amount my ex has fraudulently claimed via them?
Since I have been a good boy and never missed a payment, done it via direct bank payments .....they dont... no help what so ever! Told to go via the small claims court.

They told me how much I have to pay or face dire consequences every year, if I had not payed I am sure they would of come down on me with the full weight of the law....but in this case since its the receiving parent and done the recommended way (direct pay) they cant help me at all?!

How do you go via the small claims court when you only have a bank account and sort code?

They are sending out a letter to advise me the case is closed (may frame it) Hopefully that will state on there the reasons why but I really have no idea where to go from here.

Part of me is just inclined to not kick the hornets nest and forget about the large sum of money she has extorted fraudulently last year.... her family can be nasty and it may have repercussions effecting work and home life.
Another part of me, and my mum (I may be an old guy but you still have to listen to your mum on some things lol) wants me to go for recovering the money.

Anyone been in the same situation? What happened?

Hi I’m in a similar situation. CB informed the CMS in April that CB on my case has ceased in September. I found out via a letter in April. In the meantime I had overpaid £2600 and as I am on Direct Pay my only option is small claims. The case has now re-opened for the same child and I am expected to pay £5500 for the year, despite my overpayment. I have been advised that as it is Direct Pay my only option is small claims. I have contacted my Ex who refuses to accept that I have overpaid her, I have uploaded proof to CMS. This seems totally unfair as if I was to miss a payment I would be placed on collect & pay. They apparently only recover money or carry out an adjustment on collect and pay agreements. This is in total contradiction to all the legislation. I am currently complaining to both HMRC and the CMS.