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Stand you ground with incorrect CMS arrears!!

 
(@bob46)
New Member Registered

Hello,

A short story about CMS arrears:

I had been making regular CMS payments pre-pandemic. During the pandemic (2020) I was out of work for several months, I informed CMS of this and I was able to pay the minimum payment.

I informed the CMS once I was back in work and made direct payments to the mother until CMS could send out a new payment plan (as mother wanted it to still go through CMS). However CMS incorrectly based my new payments on an old salary (3x times more than my new salary).

I informed them of this and provided evidence that it was incorrect, but they refused to acknowledge their error and kept the salary as it was. Over the next 3 years the arrears built up to £22K+!!!!

Fast forward to 2023, after sending in multiple evidence, making complaint after complaint, and being told that they will not back date any errors made on their end. After escalation to management via written complaints, I have finally been listened to and the arrears have been put back to £0.00!!!

There were times when I wanted to give up. I’m sure they are many of you out there who are experiencing this now, keep going. Calling is a waste of time, send all documents via the portal, keep a diary of events, record what you’ve sent and don’t ease up on them.

 

My reason for this post is to let you all know that you can fight incorrect arrears made by the CMS!

Quote
Topic starter Posted : 18/05/2023 10:05 pm
actd reacted
 actd
(@actd)
Illustrious Member

Thank you for posting this - glad you finally got your arrears sorted. Did you actually get an apology from them? Depends on whether you are up to chasing that or are just finally relieved at getting it sorted.

ReplyQuote
Posted : 19/05/2023 8:32 am
Bob46 reacted
(@bob46)
New Member Registered

@actd not really, but I am so relived that it is all sorted! 😀 Although the knock on effect, is that mother has now stopped my (court ordered) overnight stays with my child.

ReplyQuote
Topic starter Posted : 20/05/2023 9:00 am
 actd
(@actd)
Illustrious Member

@bob46 unfortunately, you will need to go for enforcement if you can't resolve this, assuming there is a CAO in place - showing the court that she suddenly restricted access over a financial issue (which wasn't of your making) won't show her in a good light in court.

ReplyQuote
Posted : 25/05/2023 12:53 pm
(@relentlesslove)
Active Member Registered

Hi Bob,

Firstly, well done!

I also spent a huge amount of time and effort rectifying CMS. I was threatened with all sorts (court etc.) But, like you, I was correct; I stood my ground; documented and recorded everything; and sent all documents via the portal also (which was often a task in itself). I had years of this and finally I got through to senior management who retracted the lot and apologised. 

I 100% agree with you. Keep going parents. Keep records and document document document. Then churn grind and push on. Don't be bullied by this organisation.

I also got some great info from a thread on this site about court precedents. 

Good luck everyone!

ReplyQuote
Posted : 31/05/2023 11:03 pm
Bob46 and actd reacted
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