TOPIC: Arrears of maintenance

Re: Maintenance Rules and the CSA 2 years 2 months ago #85578

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 10672
  • Thank you received: 1651
Contact the CMS to find out how the arrears have occurred and get hold of your MP as soon as possible to raise a complaint and take up your case

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 8 months ago #89641

From my experience and I hate to be the harbinger of bad news .... The ICE is currently 18 months in arrears to the CMS . MP's are about as much use as a concrete parachute, courts have a 12 month waiting list and toothless and the complaints procedure with the CMS woeful.
Arrears are assessed not factual (in my case ) with no amount of complaining or requests for explanation answered adequately or at all .

The CMS is unsympathising and totalitarian . Communication with them is pointless ,evidence of payments ignored and they will make it up to suit their own ends .

Advise is to pay when requested irrespective of your own thoughts / feelings or opinion and under no circumstances ignore a threat from them ,they will carry it out .

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 5 months ago #91318

I have been arguing with the cms for the past 18mnths.they have constantly put my payments up.they say i have a debt ranging from £46-£1700 up until the anual reveiw last october 2017.feb this yr they have told me my debt is £3974.my payments have gone up to £660 pcm just under half my wage.they have never provided a break down of where the debt is from,who ever ypu speak too tells a different amount.whilst in long term sick 2014 on ssp they did 2 deductions of earnings leaving me nothing ywt again no explanation.im borrowing money off family to eat and have eletric.on the verge of giving it all up.each time i have rang its a different person who will put a note on the person who is dealing with the case(ive been ringing the cms at least every week for last 18 mnths)so there must be loads of notes.wrote a letter of complaint,looked at but nothing has been done about it.when speaking to their staff,if you ask questions they get annoyed/say its only a short call so cant discuss it/or my favourite we will look into it and call back with in 24hrs.still waiting for 7 call backs 4 from last yr.making a complaint iver the phone a waste of time as well,done this 4 times and when i rang back a week or 2 later they had closed the complaint.somehow got on to subject of how i havent seen my youngest kids in 6 yrs or no where they live,and the cms staff said oh we can help with that we can send a form to your ex with your contact details on so she can maybe get in touch with you for the kids sake.3 members of staff said this.i actualy beleived this.but yet again more lies off the cms.asked to go on direct pay never provided bank details,so staying on collect and pay..my fault by all accounts.had to pay for my eldest son till he was 19 and a half.he was not in further education or uni.told them when he turned 18 but they threatend to stop money from source if i didnt carry on paying.the whole system is a joke.my local mp got involved and they have ignored them.i just want it sorting so if i cant afford to rent a house n have to move to my mums which means leaving work then at least i no.

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 5 months ago #91353

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
I'm so sorry to hear about your struggle, they can be so inflexible. I think you could try writing to them and asking them to provide a complete breakdown of the calculations and alleged arrears in writing, that in future all communication must be in writing and I would also suggest that you open another complaint with them and go back to your MP and ask for it to be escalated up to the Parliamentary Omsbudsman.

It will all take time and that doesn't help you right now I know... wish I could offer more advice. All the best.

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Re: Maintenance Rules and the CSA 1 year 4 months ago #91813

I did as you said,mp hasnt replied,also rang cms again.debt is yet another amount,the cms told me that they dont deal with queries on the phone,or complaints.i have to use the cms online portal(which is a load of rubbish)doesnt work half the time.made complaints on there but nothing has been done about them.it seems they are not interested.they take a big chunk of my wages for a debt they cant tell me where its from.no break down which they promised.my debt is £40000 ive paid about £3000 back to them and still have a £4000.i am borrowing money off family to live.but that is coming to an end.i am greatful for there help but it cant go on till this is all sorted.i cant have my kids stay over as i cant feed myself half the time,never mind about them.
In the past have spoke to the cms in ireland,so un helpful,dont care,lie about everything.regularly hang up on you,or make excuses that its only a short call so cant help,you question there answers and they get on the defensive and get annoyed with you for daring to ask a question on there decision.still waiting for 7 call backs some from last yr.4 complaint letters,nothing done about it.
Saying all that i did get through to one of there offices in the sw of england.they where realy helpful and they did say the offices in ireland do as they please,same company but dont follow the rules set out for them.
I dont no what to do anymore.its affected my life,baxk on anti depressants after 3 yrs of not being on them,ive made expensive mistakes at work cisting thousands becasue this is always on my mind,hardly sleep.
Does anyone know what or whereelse i can try ir go througj that mite help me sort things with the cms

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 4 months ago #91824

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
Call the MPs secretsry and make an appointment to see him/her at their surgery.

Try writing to the CMS at the address thats at the top of any letters you have received from them. Tell them you want a full breakdown of the arrears in writing and that all further communication must also be in writing. Keep a copy and send it signed for/recorded delivery.

Im so sorry that youre struggling, i wish i could give further advice. All the best

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Re: Maintenance Rules and the CSA 1 year 4 months ago #91833

Hi all, first time here, im hoping someone with a bit of experience can help.

So the PWC contacted the CMS, end of april, it took a number days to get back with a figure, for direct pay.
Me and the PWC have been on a private arrangement and ive paid up to end of April, the next payment will be end of may. However in the letter the CMS have stated i'm in arrears for the number of days its taken between end of april to a week on from then.

I've contacted the CMS on phone, and they've said to ignore that amount as its the year amount divided by 12 that gives the monthly amount which i need to pay. The person i spoke to said the arrears amount on the letter is misleading and that i couldnt be in arrears as the case has just started.

Should i pay this amount or not? Alot of folk here say dont trust what the case workers on the phone line say, i'm worried if this isn't paid it may cause trouble down the line. The PWC can confirm april has been paid and we have proof. Does anyone have any experience with this?

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 4 months ago #91840

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 10672
  • Thank you received: 1651
I would give them a call again and ask for a revised amount in writing, if they are saying to ignore the amount they have quoted

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 3 weeks ago #94402

Hi, my partner who ho stays in Scotland had csa call say they taking 40% of his gross self employed pay off him and said they can even take his psv driving licence off him? What are hai rights he's offered to pay £100a month, three year ago, heard nothing, and now this? He's told them he can't afford it and he will give up his job as thsi will make him homeless?the kid in question isn't his even tho his name on birth certificate and he helped raise her, please help

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 1 year 3 weeks ago #94411

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 10672
  • Thank you received: 1651
Hi,

The 40% and threat of removing his PSV means that there are arrears, and the CSA allowed to take up to 40% of gross pay - removing the driving licence is only usually reserved for people who are blatantly refusing to pay anything at all. Does he have proof of his original offer to pay three years ago? If so, then I would suggest that he raises a complaint with them - www.gov.uk/child-maintenance/complaints-and-appeals - and also he needs to contact his local MP asap. I would say that the CSA are being heavy handed due to their own failings (they are also trying to clear old cases as they move cases over to CMS) if they didn't accept or negotiate repayment at the time. Any complaint, even if successful, won't remove the arrears, but it might mean that he gets a more sensible payment level.

The fact that the girl isn't his won't affect any arrears, I'm afraid, as that only applies to maintenance after the date of requesting a DNA test which proves that he isn't the father.

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 10 months 2 weeks ago #95935

Hi all, first time here, the cms are worse than the csa.
I was nil assessed by the csa for years, I still paid toward my children, I was then hit with a bill for 13,500...because they’d made a mistake...I did got to a tribunal and it was established that a maladministration had occurred, stupid is not illegal and therefore I still had to pay. I did manage to get the payments reduced though. Cms then took over, I had a coversation with one of the minions on the phone and explained that the money I was paying wasn’t going to the child, he’s an adult by this point, it was in fact going straight to my former partners drug dealer, could I insist that it goes directly to the “child” it was meant for, into his bank not the ex’s... I was told they don’t care if my ex gives them the bank details of her drug dealer, that’s where the money will go... when I asked about the welfare of the children they where supposed to be there to support, ensure were being financially looked after, I was told that’s not our problem... these people are just leaches, pay them weather it’s right or wrong, try to get the payments reduced, they rinse you dry otherwise. My sons 22... I’ll be paying for the next 2 years... ridiculous.!!

Please Log in or Create an account to join the conversation.

Re: Maintenance Rules and the CSA 10 months 1 week ago #96039

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 10672
  • Thank you received: 1651
Unfortunately for you, they are correct in that they do just administer the payments and the money technically has to be paid to the mother, and can't be paid to the child (as was) without her agreement.

Please Log in or Create an account to join the conversation.

Moderators: Samantha Downes