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hi,
wow this is madness. hope it works out for you in the end.
Well done Jellybean..
Due to the age of this thread I hadn't come across it. However I have noted the two cases referenced should I need to go through this process in 6 years time myself.
I have posted on another thread my thoughts as to whether if one has a water tight CAO there is any mileage in reporting the fraud to the police as Fraud by False Representation. As ultimately the ex is attempting to obtain CMS by fraud. Plus there is a legal duty to inform CMS of correct information which is a criminal offence not to do so.
However, I also think potentially a letter from a solicitor to an ex stating that one believes the CMS (and potentially CB) is being claimed for fraudulently and will be reported to DWP and Police as such may encourage a % of exes to close the CMS claims. Maybe???? lol
Great that you have persevered!
wow, thanks for coming back to us with this
Further update:
I have managed to win the second first tier tribunal . In summary - lost the first first tier tribunal, won the upper tier appeal and won the second first tier tribunal.
Hopefully this shows it can be done. I didn’t use a lawyer so the appeal process has only ever cost me my time and maybe around £30 in postage costs.
My case has now been sent back to the CMS for recalculation of what I should have paid. Probably doesn’t mean I will get money back from CMS unfortunately.
Whatever my shortcomings as a dad I did at least pay my maintenance payments on time and in full. Never missed a single payment and had no arrears when my case was eventually closed last year. I believe I was forced to over-pay by thousands of pounds. Let’s wait and see how the CMS calculate this. I have a feeling they won’t play fair but we will see.
Funnily enough this might now mean that the CMS has to chase my partner for the money. I wonder how she will feel with them chasing her now!
Excellent result. Will be interesting to see how you get on getting the money back.
My ex had to pay me maintenance as I had the children - when my daughter left education, she made a single month overpayment as she didn't cancel the standing order - CMS made it very clear to me they would persue me for the money back (including taking me to court) if I didn't return the money - was about £150 - including taking me to court if necessary, so I'd make sure you keep on their case about it to recover the money. You could alternatively potentially sue the CMS for the money (after all, it's their negligence), and then it's in their interest to recover the money themselves from your ex.
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