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Hi there,
CMS worked out my payments incorrectly and after almost a year of badgering them, they have agreed to revise my payments down and backdate it to April. This means I am owed £3000 ish.
Now I have the problem, despite me writing in repeatedly asking for a reoasonable repayment plan over a reasonable time, I get no response.
Please can anyone tell me my legal rights on this issue as if it was me that ow d money, they would be all over me in a flash!
Is the £3000 ish reflected in your online account ? In the statement?
Should show that you are in negative £3000 ?
It might depend on if your case is Direct Pay or Collect And Pay - but I am guessing the CMS has not statutory tools to recovery money from PWC. However if the £3k is reflected in your statement then it would indicate that the CMS is not expecting payments from you essentially. So you could approach it from the other direction and look to pay less moving forward until the account is in balance. It might not be perfect but ultimately the total account picture would make it difficult to try any recovery options against your because whilst you might of not paid as much for a specific month - your total account will not show you owing money - nor assumedly the PWC being owed money.
It is also probably worth looking at the PWC's legal rights/perspective - maybe technically the PWC does not owe you the money as technically she is not at fault.
Obviously working out exactly who owes you the money is key in figuring out how to get it back. I would imagine it would depend if there was maladministration by the CMS to miscalculate/investigate/respond etc.
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