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What a farce this lot are!!
My Partner has to pay for 2 children to separate Mothers. Child No. 1 is on the 2003 Scheme and my Partner informed the CMS in April last year of the other child that he would have to pay for. So the CMS closed his case on the old scheme and moved Child No. 1 to the new scheme. My Partner then made payments to the 2 mothers through the CMS. In June last year he became unemploymed and informed the CMS. He moved him, started a new job in August 2014 and informed the CMS that he was starting on a training salary for 5 weeks and would then move to a full salary after that. The 2 Mothers said they would only accept direct pay but my partner had made all his payments so the Mother's had no choice but to accept direct pay. The CMS said they would work out what he owed and let him know. He waited and waited and kept phoning and phoning and it took them ages to sort out. Mum 1 happily gave her bank details but Mum 2 (who has completely blocked all contact with their child and my Partner is currently going through Court at the moment for access) gave Bank details which do not accept incoming payments (this was confirmed by her bank that the type of account she has will not accept incoming payments). My Partner kept calling the CMS to advise he could not make payments to Mum 2.
In October of last year, he received a phone call from them to say he was in arrears and he either pay up immediately or he would incur charges. As they had not received proper bank details for Mum 2, they were only interested in payments to Mum 1. Reluctantly he paid up but was really annoyed as he had kept them informed of everything and he asked to speak to someone senior. He received a call from a Manager to say that they were looking into everything and trying to sort it out and asked that he provide proof of payments to Mum 1 and proof of rejected payments to Mum 2. My Partner received another call in January from someone else to say he had overpaid and to stop paying immediately. My Partner argued and said there was no way he was paying nothing as Mum 1 would kick up a fuss so he told the CMS that he would make a token gesture to her. My Partner complained again and this time, someone was assigned to look over his whole case from the beginning to get to the bottom of all the mistakes. She even listed to the call made to my Partner and admitted that the CMS had been very rude and demanding when asking for the alleged arrears.
Today my Partner received a call to say that all investigations had been carried out and that they are now claiming that due to a mistake, they do not legally recognise that he opened a new case in April last year for the 2nd child, therefore the 1st child is still on the old scheme and that all payments made should've been made to Mum 1 AND a new case be re-opened for the 2nd Child immediately.
My Partner has letters from the CMS confirming the old case for Child 1 had closed and that payments were also being taken and made for Child 2 last April.
Are they serious? How can they claim its not legally binding if they send him a letter confirming the 2003 case closed and a new one opened to include child 2 and he makes payments through them till he's unemployed and then direct pay system takes over???
They've told him he has to pay all the money to Mum 1 and start a fresh with Mum 2 but why should he? Child 2 is entitled to the Payments just as much as Child 1 and its only because Mum 2 is being a smart [censored] that she hasn't accepted the payments since direct pay came into force. She accepted them through the CMS when collect and pay was in force last April.
I've told my Partner to tell the CMS that he has letters from them confirming the closing of the case and the amounts he is to pay for each child and they can take a run and jump and sort it out themselves. I suspect they are looking for an easy way out of the mess they've made but he has paid Mum 1 and kept the money to one side for Mum 2 and thats how it should be. Mum 1 is not entitled to double for the mistake the CMS make.
What a flamin joke!
Hi
This is a total farce. Go and see your MP as soon as possible and ask them to complain (they can raise a complaint at a higher level than you can) - take a summary of everything that has happened, along with copies of all letters and supporting evidence to leave with your MP. I'd do this even if the CMS haven't finished with their case. I would also ask the CMS for a copy of that phone conversation in writing. I would say that the fact that they have chased him under the CMS system is evidence that they moved him onto the new system.
Thank you, will do that.
My Partner phoned them yesterday to say under no circumstances were they to raise a new case on Child 2 as no matter what they say a case already exists and he's got proof. The lady who answered said she could see a new case had been raised last April for Child 2 and could see that Child 1 had been moved onto the new system too. Seems they are either trying to do a cover up for their own mistakes or they're [censored] clueless.
As I say, don't wait for them to try to resolve it (though don't stop them trying to), but go and see your MP - the process isn't particularly quick, and unfortunately, MPs are now busy with the upcoming election, so the sooner you get the process started, the better.
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