Well,
It's a long story 9+ years of CMS and counting, but new to DAD.
For many years I paid via direct pay, then they moved me to deduction of earnings because I entered an account number wrong following an annual review, even though I corrected this and back paid two months in full. Referred the matter to the independent complaints examiner and eventually received a full apology for being moved to deduction of earnings a small victory.
Then I was made redundant Novembe 2021. Contributions recalculated to 0.00.
Then started own business and earned a minimum wage declared this and paid a contribution via collect ant pay but on looking my account was in credit £957.00.
Ex falsely reported my company profit as income and payments recalculated at £700 ish monthly. I requested a mandatory reconsideration and this found in my favour, in the meantime following threat of court action I paid a further £1660.00 to CMS by card over the phone.
Mandatory reconsideration completed and I volunteered and teported an increase in income in January 2924 amount recalculated and due now c.£250 per month, which I agree with.
HOWEVER, ssystemand letter received demands 40 payments of £9.63 which I do not understand and tells me I owe £1,562.00 in child maintenance, I log onto the portal and is says areers £0.00 and lists an overpayment of around £1,600.00, I downloaded statements back to 2018 and they confirm the overpayment.
It seems they own me and I owe them at the same time ??.
The £9.63 is required immediately or there will be court action.
In my statements there are generally deduction for maintenance and fees monthly then on odd days I.e. 9 January 2024 there are 4 pages of transactions for the same day with repeated adjustments to maintenance and fees, same 5 October 2023? Does not make sense.
Today I write to the MP (Rt hon Mel Stride) for the DWP and the shadow minister (Liz Kendall MP) as well given that we are close to an election. I have also referred the case to the Independant case examiner again.
To add further insult I want to use direct pay but my ex-wife is refusing to provide bank details.
Any help on understanding this or how to make a payment given that my Ex will not accept payment from me would be massively appreciated.
Life is too short for this 🙂
I would try to speak to someone at CMS, and ask them to put anything you discuss in writing (might be worth checking that they are recording the call) to resolve the payments. With regards to your ex not giving you bank details, let CMS know this and set up an account just for this and pay the money into it, and document that this is for maintenance payments - that way you can prove you tried to pay, and at any such time as they say you have arrears, then you have the money set aside to pay this.
I would try to speak to someone at CMS, and ask them to put anything you discuss in writing (might be worth checking that they are recording the call) to resolve the payments. With regards to your ex not giving you bank details, let CMS know this and set up an account just for this and pay the money into it, and document that this is for maintenance payments - that way you can prove you tried to pay, and at any such time as they say you have arrears, then you have the money set aside to pay this.
AcTD Many thanks for your time taken to respond. I have arranged for a solicitor to write to Ex with a cheque from me and a request for a payment method of her choosing (not cheque) to go forward.
I have always had a separate bank account for maintenance.
I have written to the MP for the Department of Work and Pensions, Right Honourable Mel Stride and also the Shadow Minister Liz Kendall in addition to writing letters of complaint to the CMS asking them to review my case and clarify payments, but so far there has not been any response.
The basic problem I have had is that the CMS considers I should be on collect and pay because I have not made payments, but the reason I did not pay is because my account showed an overpayment in excess of the annual amount due. It seems that the CMS does not have any process for dealing with these sorts of circumstances. They have also have advised previously that they will not provide bank details for the other party, which to my mind seems like a failure of the system, especially when there is a paying parent willing to pay.
It also seems that anyone can report any amount of additional income with very little proof and that will result in an automatic recalculation of the weekly or monthly amount without this being scrutinised and the only option is to then appeal full mandatory reconsideration, this is open to abuse by malicious parents.
Chin up:)