DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Incompetence and mo...
 
Notifications
Clear all

[Solved] Incompetence and mounting unanswerable arrears

 
(@afrench108)
Eminent Member Registered

Hi,
I am having serious issues with CMS and have done all year, my ex stopped my 50/50 access and within a week I was hit with full maintenance for my 2 children, I have been left with debt from our marriage and I tried to get this put into a variation to which the denied it, so I'm left with a payment of £500 per month for the next 3 years at least.
Add to this the£496 maintenance I have been forced to move twice to cut down costs, after I was left with our home to sell and refurnish after she left, so I have not been able to pursue access to my children for 18 months.
I was moved to pay and collect in January after I refused to pay due to the arrears showing on my annual review, the figure was incorrect, they had no proof I had paid her extra over 4 months and I requested a breakdown of this figure, whilst I waited 1 week I got 2 more letters, they had moved it to standing order, charging me for 8 weeks back payment of collection fees, to payments I had made direct!!!
Then they moved it to DEO, again arrears increased, again no breakdown.

I have just left it alone all year, paying £760 every month and now I have moved in with my partner and her son I have informed them, I should see 15% reduction and guess what, my arrears have increased yet again, my payment set at £960!!!!
They have issued orders to my employer stating that this new order replaces any existing order, but contradicting itself by then stating to continue existing payments under the date shown! I queried this and was told the template is set, but this is totally mis informing my employer. Add to it I was told that 2 months payments are automatically added to arrears whilst this new order is put in place! It's shocking, I can't see the sense on what they are saying or doing.
So, 2 months are added to arrears, now for me that means that arrears won't change for 2 months, yes?? Oh no. 3 days later I ring and it has increased a further £300. I'm at a loss of common sense!!!

I am totally stressed out with this, I have lost 6 weeks earnings due to stress related illness and I have had battle after battle with the idiots on the phone.
I have raised 2 complaints, spoken in depth to 2 managers,my case worker is totally incompetent and calls are not being logged correctly their end.
I have all the dates,times,letters,calculations,proof of payments etc and I just need some advice what to do with it all????

All this has restricted my life moving on and worst still has denied me any chance of fighting for my children.
My ex of 16 years has turned out to be a woman of pure evil.

I totally understand why men just give in, what's the point to it all??

Quote
Topic starter Posted : 15/09/2017 1:02 pm
(@DavidChannon)
Trusted Member Registered

I have all the dates,times,letters,calculations,proof of payments etc and I just need some advice what to do with it all????

Go through this:

https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/what-to-do-if-youre-unhappy-with-the-cms.pdf

You probably need to split apart what you want to "appeal" about - and what you want to "complain" about and deal with each bit down the appropriate channel. You appeal the calculation(s) and you complain about actions taken or not taken by the CMS. The CMS carries out the calculations - but are not actually responsible for them they just have to follow the statutes.
e.g. Its not the CMS's fault if the law makes the calculation unfair to you - the CMS has to follow the law.
It is the CMS;s fault if they faily in following the law/guidelines in how things are handled.

You complain to CMS, can go to ICE, Tribunal and your MP. Just have to do it in a certain order that's all, and like many things its a slow process.

My ex of 16 years has turned out to be a woman of pure evil.

You can't complain about this to CMS or MP.

ReplyQuote
Posted : 15/09/2017 8:50 pm
 Mojo
(@Mojo)
Illustrious Member Registered

You can take your paperwork and go and see your MP, sometimes waiting for due process isn't in your best interests and by the sound of it, you need some help right now. Some MPs can be extremely helpful, some not so, but I would advise that you give them a try... whilst still continuing with the Complaints/appeals process.

Best of luck

ReplyQuote
Posted : 16/09/2017 12:15 am
Share:

Pin It on Pinterest