CMS Tribunal
dandicash_2
Posts: 5 Forumite
(this could be a long explanation, brace yourself)
June 2016 I was forced to leave my £33k a year job and take a bribery and a payoff to keep quiet.
I was struggling to pay all bills so in September 2016 I entered an IVA and started a new job a £23k
October 2016 I decided to try my hand at self-employment. So I came out of work and started a business. June 2016 I started employment again
Having notified CMS of each change, they calculated that I would still owe CMS payments based on what I earned 2015-16 at £30400 after TAX NI in the tax years 2016 to 17 because they couldn't prove otherwise, what I was earning. I was honest and gave them all of my paperwork.
18 letters later, P60, proof of P45 between job and letters from HMRC and my accountantss to prove I only earned £17k between 2016-17 CMS still told me, after a mandatory reconsideration that the valuation between 2016-17 is still based on £30,400 and they are not changing their minds. This is for 1 child who I see 50% of the time due to a court order earned June 2015.
They expect a payment in access of £254 which I simply cannot pay on a £17k wage (NETT)
I cannot afford Tribunal representation hitting me at over £1000 but I don't agree I owe CMS based on a false calculation
What do I do and where do I go?
:(:(
Short of trying to change career and get back to £30k which I have found impossible, and knowing I will win the case if it goes to tribunal I am between a rock and a hard place :mad:
June 2016 I was forced to leave my £33k a year job and take a bribery and a payoff to keep quiet.
I was struggling to pay all bills so in September 2016 I entered an IVA and started a new job a £23k
October 2016 I decided to try my hand at self-employment. So I came out of work and started a business. June 2016 I started employment again
Having notified CMS of each change, they calculated that I would still owe CMS payments based on what I earned 2015-16 at £30400 after TAX NI in the tax years 2016 to 17 because they couldn't prove otherwise, what I was earning. I was honest and gave them all of my paperwork.
18 letters later, P60, proof of P45 between job and letters from HMRC and my accountantss to prove I only earned £17k between 2016-17 CMS still told me, after a mandatory reconsideration that the valuation between 2016-17 is still based on £30,400 and they are not changing their minds. This is for 1 child who I see 50% of the time due to a court order earned June 2015.
They expect a payment in access of £254 which I simply cannot pay on a £17k wage (NETT)
I cannot afford Tribunal representation hitting me at over £1000 but I don't agree I owe CMS based on a false calculation
What do I do and where do I go?
:(:(Short of trying to change career and get back to £30k which I have found impossible, and knowing I will win the case if it goes to tribunal I am between a rock and a hard place :mad:
0
Comments
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Tribunals against CMS decisions are free. Where are you getting £1000 from?I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0
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That was the cost of representation (from the OP) though there's no explanation of why that's necessary.0
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Hi dandicash. You firstly need to appeal the mandatory reconsideration ASAP as there with be deadline to do this. Don!!!8217;t be put off about the fact they don!!!8217;t agree with you as they rarely do. It seems too much work for them to do things properly. When it goes to Tribunal you can represent yourself easily. There are also online services for a subscription fee which can give you advice over the phone if you feel you need expert advice. It seems to be you have a very good case. If you have a court order which is 50/50 there would be no child maintenance payable as both parents would be paying each other the same which is pointless! That!!!8217;s what CMS told me when I queried this with them. If you can prove there income information is incorrect the tribunal will order they update it correctly. The tribunals have a huge backlog partly because of CMS mistakes this will take some time and lots of preserving but keep with it and it should get resolved. My case has taken over 2 years and I!!!8217;m just waiting for a final hearing then the matter is resolved. Whatever you pay in the meantime will be reimbursed.0
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