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Hi I wonder if anyone can help or can advise me.
I have lots of issues with the CMS at the moment and just keep hitting brick walls with them.
Firstly, I had a consent order that said i will pay my ex's mortgage interest (she owns the house) as she could not get my name removed from the mortgage. This was to protect me is she did not pay the mortgage.
Sometime after the CMS became involved she told them that I had underpaid her by the amount I paid to the mortgage (several thousand pounds), The CMS refuse to accept that I had discharged the liability to me ex. Surely this is not correct as she has had the full value of the maintenance assessment?
Also I had a large drop in income in December when I left the business I was working for. I informed the CMS immediately, however it took the 4 months to amend the assessment. If I had continued to pay based on there out of date assessment I would have overpaid £4000 plus and would not have been able to recover for years if adjusted through future payments (the assessment was more than my income). As CMD despite many reminders did not deal with this I amended the amount I was paying to the correct amount.
As a result of this the CMS have now moved me to a collect and Pay Arrangement with all the associated charges. I have been disputing their right to do this as they had all the information to amend my assessment to less than the amount I was paying directly. Surely due to their un-acceptable delay in amending the assessment negates their ability to penalise me like this?
I have several other issues with how they have treated my case all resulting in amounts assessed wholly inequitably but within their interpretation of the law.
Every step of the I feel the CMS have treated me appallingly and like a criminal. I guilty until proved innocent in their eyes. They seem only interested in extracting as much money as possible from me.
Hi There,
It's going to sound as though I am pro CMS with my reply, I'm not but they have strict rules that must be followed.
if you were making payments to your ex, that were based on CMS calculations but included the mortgage interest, then you actually did under pay, if you calculated the amount that you should pay through the CMS calculator, this is what you should have paid in CMS payments, you would then needed to have paid the amount of the mortgage percentage on top of that.
with regards to the under payment when you changed jobs, you should have waited until they gave you the correct amount to pay, I know that would have made very difficult pay, but by not paying you have left yourself at risk.
I think I understood the way that you explained things above please correct me if I'm wrong
GTTS
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