CMS not updating records...

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Hi.

I was woken up by a text message this morning telling me that my ex had not received a child maintenance payment - we use direct pay, and I was certain that I'd paid it. I checked my bank via the app, and sure enough, it was paid 21 days ago.

I phoned the CMS as requested in the text message, and after an hour and 45 minutes, my call was answered.

The woman on the phone said told me what my wage was, and it was incorrect. At the time it changed (it went up considerably for a short period), I phoned and told them. My ex then got a letter from them informing her of the change. A few months later, my wage changed again (to a considerably lower wage), which I then informed the CMS of again, and then shortly after that, my hours were cut and my wage was on an ad-hoc basis (this, I did not inform them of, as it was to be paid hourly - it could have been that I was working the same amount of hours, or more, or less - at that point, and since, it has been impossible to predict an income).

I said that I was surprised as the wage that they have for me is "two jobs out of date", and she said, "Well, if we weren't informed, then we'll backdate it using the information we have". Now, this is where it gets worrying. I am on considerably less now than the wage they have on record for me, and I simply cannot pay what I was paying when I was on that wage (it would now account for around 65% of my monthly income). I told the lady that I could prove that I've never missed a payment, and I have payslips going back for the past year. She said that none of that would matter.

She then said that I should have been sent an annual letter/statement, but I haven't received that either, so was unaware that the figure they had for my wage was incorrect.
She also informed me that my ex raised a "shortfall" dating back to June 22, which is the point at which my hours were cut. There was no shortfall - I used their online calculator and paid the figure that it told me was correct.

I'm now concerned that there has been some kind of !!!!!! up that is going to result in my having to pay backdated maintenance based on a wage that I haven't been receiving for some time.

For info, I've never missed a payment, and have always helped with school uniforms, shoes, and recently car insurance etc...

What is the likelihood that I'm about to be screwed over?
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  • Dogsbody12345
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    I should add that at the point when I told them of my wage change, that I also informed them of my change of address. That, they had right, so I can prove, albeit, circumstantially, that I informed them of my wage change.
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
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    Hi.

    I was woken up by a text message this morning telling me that my ex had not received a child maintenance payment - we use direct pay, and I was certain that I'd paid it. I checked my bank via the app, and sure enough, it was paid 21 days ago.

    I phoned the CMS as requested in the text message, and after an hour and 45 minutes, my call was answered.

    The woman on the phone said told me what my wage was, and it was incorrect. At the time it changed (it went up considerably for a short period), I phoned and told them. My ex then got a letter from them informing her of the change. A few months later, my wage changed again (to a considerably lower wage), which I then informed the CMS of again, and then shortly after that, my hours were cut and my wage was on an ad-hoc basis (this, I did not inform them of, as it was to be paid hourly - it could have been that I was working the same amount of hours, or more, or less - at that point, and since, it has been impossible to predict an income).

    I said that I was surprised as the wage that they have for me is "two jobs out of date", and she said, "Well, if we weren't informed, then we'll backdate it using the information we have". Now, this is where it gets worrying. I am on considerably less now than the wage they have on record for me, and I simply cannot pay what I was paying when I was on that wage (it would now account for around 65% of my monthly income). I told the lady that I could prove that I've never missed a payment, and I have payslips going back for the past year. She said that none of that would matter.

    She then said that I should have been sent an annual letter/statement, but I haven't received that either, so was unaware that the figure they had for my wage was incorrect.
    She also informed me that my ex raised a "shortfall" dating back to June 22, which is the point at which my hours were cut. There was no shortfall - I used their online calculator and paid the figure that it told me was correct.

    I'm now concerned that there has been some kind of !!!!!! up that is going to result in my having to pay backdated maintenance based on a wage that I haven't been receiving for some time.

    For info, I've never missed a payment, and have always helped with school uniforms, shoes, and recently car insurance etc...

    What is the likelihood that I'm about to be screwed over?
    Just to be clear you are expected to pay the amount that CMS tell you that you have to pay every week/month - if your circumstances change then you report that to CMS and they decide if they will alter your payments. You do NOT just decide for yourself that you are going to pay what the calculator says or what you think is right. So you've been underpaying and there will be a process of correction. 


  • ZaSa1418
    ZaSa1418 Posts: 651 Forumite
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    technically at the yearly renewal they would have taken the figures form the HMRC for the last year. Do you have an online account? If you do log on there and it should have the yearly review details. If not then activate the online account it is pretty easy from what i remember. 
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  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
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    I should add that at the point when I told them of my wage change, that I also informed them of my change of address. That, they had right, so I can prove, albeit, circumstantially, that I informed them of my wage change.
    Two different things, but even if you did inform them of a wage change that doesn't mean that CMS automatically accept the new amount or change your payments. In the past I have informed CMS of a change of circumstances and been denied a change in payments because they use the previous year's HMRC data as evidence of your earnings. so until that updates you're not guaranteed to see any change in your payments. 

    Equally I've just submitted a change in circumstances for this year a couple of weeks back but I'm still paying on the old rate because CMS haven't looked at it and made a decision yet and won't do apparently until late May.

    You can't just change your payments independently.
  • jefaz07
    jefaz07 Posts: 546 Forumite
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    ZaSa1418 said:
    technically at the yearly renewal they would have taken the figures form the HMRC for the last year. Do you have an online account? If you do log on there and it should have the yearly review details. If not then activate the online account it is pretty easy from what i remember. 
    Even the figures they get from HMRC aren’t correct sometimes, how, I have no idea. 
  • Dogsbody12345
    Dogsbody12345 Posts: 5 Forumite
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    edited 9 May 2023 at 1:19PM
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    ZaSa1418 said:
    technically at the yearly renewal they would have taken the figures form the HMRC for the last year. Do you have an online account? If you do log on there and it should have the yearly review details. If not then activate the online account it is pretty easy from what i remember. 
    Yes, and my wage on there is incorrect.

    When I got through to them on the phone she said that my annual review was "on stop" whatever that means, and that's why I haven't received it.

  • Dogsbody12345
    Options
    I should add that at the point when I told them of my wage change, that I also informed them of my change of address. That, they had right, so I can prove, albeit, circumstantially, that I informed them of my wage change.
    Two different things, but even if you did inform them of a wage change that doesn't mean that CMS automatically accept the new amount or change your payments. In the past I have informed CMS of a change of circumstances and been denied a change in payments because they use the previous year's HMRC data as evidence of your earnings. so until that updates you're not guaranteed to see any change in your payments. 

    Equally I've just submitted a change in circumstances for this year a couple of weeks back but I'm still paying on the old rate because CMS haven't looked at it and made a decision yet and won't do apparently until late May.

    You can't just change your payments independently.
    I am aware, but the the point was that both things they were told about in the same phone call - one was actioned, and the other was not.

    As for not changing my payments independently, I would have had no choice. The amount I was paying on my last wage eclipses that of my new, entire wage. I would have starved to death. I was on 80k plus bonuses, and now I'm on a zero-hour contract, taking home between 900-1200 per month.
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    First Anniversary First Post Name Dropper
    Options
    I should add that at the point when I told them of my wage change, that I also informed them of my change of address. That, they had right, so I can prove, albeit, circumstantially, that I informed them of my wage change.
    Two different things, but even if you did inform them of a wage change that doesn't mean that CMS automatically accept the new amount or change your payments. In the past I have informed CMS of a change of circumstances and been denied a change in payments because they use the previous year's HMRC data as evidence of your earnings. so until that updates you're not guaranteed to see any change in your payments. 

    Equally I've just submitted a change in circumstances for this year a couple of weeks back but I'm still paying on the old rate because CMS haven't looked at it and made a decision yet and won't do apparently until late May.

    You can't just change your payments independently.
    I am aware, but the the point was that both things they were told about in the same phone call - one was actioned, and the other was not.

    As for not changing my payments independently, I would have had no choice. The amount I was paying on my last wage eclipses that of my new, entire wage. I would have starved to death. I was on 80k plus bonuses, and now I'm on a zero-hour contract, taking home between 900-1200 per month.
    Yes it's absolutely normal that a change in contact details is actioned immediately and a change in wages is not because the latter needs to be reviewed and evidence provided and checked. 

    Until your change of circumstances is actioned then you will be running up arrears unfortunately. 
  • Dogsbody12345
    Dogsbody12345 Posts: 5 Forumite
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    edited 9 May 2023 at 1:49PM
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    Until your change of circumstances is actioned then you will be running up arrears unfortunately. 

    I had a text from them this morning that said, "We've updated your case with the changes you told us about. No further action is needed", so I'm assuming it's done and dusted.
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
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    Well we know what assuming does...
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