Overpaid CMS by thousands...
TinyDancer81
Posts: 2 Newbie
Hi, i'm hoping for some advice please. I've been paying child support at £500 a month for many years, i have never missed a payment nor had any arrears.
This amount was assessed by CMS and subject to an annual review. I paid via direct pay with a standing order to my ex wife.
I have very recently found out that this claim should have actually ended in September 2017!! I have therefore paid for an extra 20 months at a cost of £10,000. In this time my ex wife has falsely declared 2 years in a row to the CMS.
CMS have declared to me that they can do nothing about getting this money back despite them dictating to me i had to pay it in the first place?! Bear in mind, the powers they have on non paying fathers such as deductions of earnings, ability to confiscate drivers license, passport, prison sentence etc. Surely it is wrong therefore that she should just be able to keep this money?! She didn't even spend it on our daughter as she has apparently been working full time and living with her boyfriend all this time.
I have been told to take her to court myself if i want the money back but why should I incur further costs to myself?
A tax credit fraudulent claim would be investigated as would a non paying dad. A friend who works in the civil service has told me that the CMS are lying to me about their level of culpability in all this and that they are in fact able to compensate and chase the other parent for repayment but choose not to do so.
I would be grateful for any advice. Ringing the CMS is like banging your head against a brick wall, there is no continuity or accountability and advisors just give very vague answers before making false promises that someone more senior will ring back.
Would Citizens Advice Bureau be any help? Should I write to my MP? Keep trying with CMS? See a solicitor although I'm not sure I could actually sue the mum of my child as much as I'm seething with her right now. Just for additional info, this is not a woman in need of money due to a very senior level job, a huge family trust fund and a very good solicitor who made me sign over the house and all it's equity to her as part of our divorce!
This amount was assessed by CMS and subject to an annual review. I paid via direct pay with a standing order to my ex wife.
I have very recently found out that this claim should have actually ended in September 2017!! I have therefore paid for an extra 20 months at a cost of £10,000. In this time my ex wife has falsely declared 2 years in a row to the CMS.
CMS have declared to me that they can do nothing about getting this money back despite them dictating to me i had to pay it in the first place?! Bear in mind, the powers they have on non paying fathers such as deductions of earnings, ability to confiscate drivers license, passport, prison sentence etc. Surely it is wrong therefore that she should just be able to keep this money?! She didn't even spend it on our daughter as she has apparently been working full time and living with her boyfriend all this time.
I have been told to take her to court myself if i want the money back but why should I incur further costs to myself?
A tax credit fraudulent claim would be investigated as would a non paying dad. A friend who works in the civil service has told me that the CMS are lying to me about their level of culpability in all this and that they are in fact able to compensate and chase the other parent for repayment but choose not to do so.
I would be grateful for any advice. Ringing the CMS is like banging your head against a brick wall, there is no continuity or accountability and advisors just give very vague answers before making false promises that someone more senior will ring back.
Would Citizens Advice Bureau be any help? Should I write to my MP? Keep trying with CMS? See a solicitor although I'm not sure I could actually sue the mum of my child as much as I'm seething with her right now. Just for additional info, this is not a woman in need of money due to a very senior level job, a huge family trust fund and a very good solicitor who made me sign over the house and all it's equity to her as part of our divorce!
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Comments
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Ultimately any real action you can take will involve a legal claim - whether against CMS or your ex.TinyDancer81 wrote: »Hi, i'm hoping for some advice please. I've been paying child support at £500 a month for many years, i have never missed a payment nor had any arrears.
This amount was assessed by CMS and subject to an annual review. I paid via direct pay with a standing order to my ex wife.
I have very recently found out that this claim should have actually ended in September 2017!! I have therefore paid for an extra 20 months at a cost of £10,000. In this time my ex wife has falsely declared 2 years in a row to the CMS.
CMS have declared to me that they can do nothing about getting this money back despite them dictating to me i had to pay it in the first place?! Bear in mind, the powers they have on non paying fathers such as deductions of earnings, ability to confiscate drivers license, passport, prison sentence etc. Surely it is wrong therefore that she should just be able to keep this money?! She didn't even spend it on our daughter as she has apparently been working full time and living with her boyfriend all this time.
I have been told to take her to court myself if i want the money back but why should I incur further costs to myself?
A tax credit fraudulent claim would be investigated as would a non paying dad. A friend who works in the civil service has told me that the CMS are lying to me about their level of culpability in all this and that they are in fact able to compensate and chase the other parent for repayment but choose not to do so.
I would be grateful for any advice. Ringing the CMS is like banging your head against a brick wall, there is no continuity or accountability and advisors just give very vague answers before making false promises that someone more senior will ring back.
Would Citizens Advice Bureau be any help? Should I write to my MP? Keep trying with CMS? See a solicitor although I'm not sure I could actually sue the mum of my child as much as I'm seething with her right now. Just for additional info, this is not a woman in need of money due to a very senior level job, a huge family trust fund and a very good solicitor who made me sign over the house and all it's equity to her as part of our divorce!
If you aren't willing to sue her, then you may aswell end it there; because ultimately as a result of your action she WILL get sued, but if you go after the CMS, they will sue her for much more.
- she didn't make you sign anything.0 -
You could write off your own back enclosing the online form for csa disputes you normally need a mandatory reconsideration but it’s worth a go to the courts HMCTs you can find out details online. My husband did this last sept as his ex wife said his daughter in college he emailed the college who were waiting for her return that was the end of sept the course started beginning of sept. We are still paying but the courts have actioned so it might be worth a go. Also write a letter to the csa. Explain in your covering letter to the courts what’s happened and they might help you and it doesn’t cost.0
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The form online is called SSCS2 print off form fill in put a letter with it and send it recorded. Worth a go and write to child benefit again explain what’s happened and give as much info like the course she supposedly did college etc if you know this0
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You could write off your own back enclosing the online form for csa disputes you normally need a mandatory reconsideration but it’s worth a go to the courts HMCTs you can find out details online. My husband did this last sept as his ex wife said his daughter in college he emailed the college who were waiting for her return that was the end of sept the course started beginning of sept. We are still paying but the courts have actioned so it might be worth a go. Also write a letter to the csa. Explain in your covering letter to the courts what’s happened and they might help you and it doesn’t cost.
No idea what you've suggested, but courts don't help anyone, ever.0 -
TinyDancer81 wrote: »Hi, i'm hoping for some advice please. I've been paying child support at £500 a month for many years, i have never missed a payment nor had any arrears.
This amount was assessed by CMS and subject to an annual review. I paid via direct pay with a standing order to my ex wife.
I have very recently found out that this claim should have actually ended in September 2017!! I have therefore paid for an extra 20 months at a cost of £10,000. In this time my ex wife has falsely declared 2 years in a row to the CMS.
CMS have declared to me that they can do nothing about getting this money back despite them dictating to me i had to pay it in the first place?! Bear in mind, the powers they have on non paying fathers such as deductions of earnings, ability to confiscate drivers license, passport, prison sentence etc. Surely it is wrong therefore that she should just be able to keep this money?! She didn't even spend it on our daughter as she has apparently been working full time and living with her boyfriend all this time.
I have been told to take her to court myself if i want the money back but why should I incur further costs to myself?
A tax credit fraudulent claim would be investigated as would a non paying dad. A friend who works in the civil service has told me that the CMS are lying to me about their level of culpability in all this and that they are in fact able to compensate and chase the other parent for repayment but choose not to do so.
I would be grateful for any advice. Ringing the CMS is like banging your head against a brick wall, there is no continuity or accountability and advisors just give very vague answers before making false promises that someone more senior will ring back.
Would Citizens Advice Bureau be any help? Should I write to my MP? Keep trying with CMS? See a solicitor although I'm not sure I could actually sue the mum of my child as much as I'm seething with her right now. Just for additional info, this is not a woman in need of money due to a very senior level job, a huge family trust fund and a very good solicitor who made me sign over the house and all it's equity to her as part of our divorce!
The CMS hasn't been going for many years , so you couldn't have been paying via them for many years.
You say there was an annual review, however it is somewhat naïve to have no idea when your liability is supposed to end, how did you suddenly come to learn it should have ended in 2017?
As it happens the overpayments are returned (well is the case via collect and pay).
There is a complaints department, perhaps you should open a case there.0 -
Have a look at the form online type in SSCS2 and you should be able to print it off fill out with a covering letter and explain your situation and the court will look at it but it will take time0
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Thank you all for the replies, there's some really useful info there.
Comms69 - You're right, i wasn't physically forced to sign anything. I was encouraged to do the "right thing by my daughter" in securing her home with my ex wife. I thought i was being fair and that she would be fair in return.
In an ideal world I'd like CMS to write her a strongly worded letter (i'm so British) informing her that she HAS to pay the money back and she would comply and that would be the end of the matter however they're stating it's nothing to do with them! There's certainly no mention of them repaying overpayments or directing me to forms.
DuTR - We knew when liability was due to end, both myself and CMS were lied to that she was at fulltime college (we now live a fair distance away) so did not question the payments. My daughter has recently revealed the truth to me that she hasn't been in college/education since finishing in May 2017 hence the September 2017 cut off date.0 -
TinyDancer81 wrote: »Thank you all for the replies, there's some really useful info there.
Comms69 - You're right, i wasn't physically forced to sign anything. I was encouraged to do the "right thing by my daughter" in securing her home with my ex wife. I thought i was being fair and that she would be fair in return.
In an ideal world I'd like CMS to write her a strongly worded letter (i'm so British) informing her that she HAS to pay the money back and she would comply and that would be the end of the matter however they're stating it's nothing to do with them! There's certainly no mention of them repaying overpayments or directing me to forms.
DuTR - We knew when liability was due to end, both myself and CMS were lied to that she was at fulltime college (we now live a fair distance away) so did not question the payments. My daughter has recently revealed the truth to me that she hasn't been in college/education since finishing in May 2017 hence the September 2017 cut off date.
But that's 21 months ago, you would have had at least one schedule in that time.
As long as she dropped out of education to secure a meaningful career path.
Look at the positive, you are at least £500pm better off (perhaps that is why the offspring has come clean now as the PWC do feel it when the gravy train stops).0 -
TinyDancer81 wrote: »Thank you all for the replies, there's some really useful info there.
Comms69 - You're right, i wasn't physically forced to sign anything. I was encouraged to do the "right thing by my daughter" in securing her home with my ex wife. I thought i was being fair and that she would be fair in return.
In an ideal world I'd like CMS to write her a strongly worded letter (i'm so British) informing her that she HAS to pay the money back and she would comply and that would be the end of the matter however they're stating it's nothing to do with them! There's certainly no mention of them repaying overpayments or directing me to forms.
DuTR - We knew when liability was due to end, both myself and CMS were lied to that she was at fulltime college (we now live a fair distance away) so did not question the payments. My daughter has recently revealed the truth to me that she hasn't been in college/education since finishing in May 2017 hence the September 2017 cut off date.
like I said, in any dispute you either are or are not prepared to see it through.
If you aren't then it's throwing good money after bad.
It's not a criticism. But if my ex had coerced me into signing over the family home (probably not binding if you didn't have legal representation and she did, but then a long time has passed) I wouldn't hesitate to take her to court0 -
This seems to happen so much. When the NRP doesn't pay there are processes in place to force them to. Yet when RP lies and unlawfully claims money, it's up to the NRP to seek legal action at cost to themselves. Surely this can't be right!0
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