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AIBU?

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Original poster

To believe CMS scammed me

27 replies

MidnightJen · 11/02/2022 20:11

I have been using Child Maintenance Service for several years. I havent communicated directly with my ex for some time however we ended up talking on the phone for about 2hrs as he tried to renegotiate a reduction in CM. Anyway as we got talking he disclosed that he has been sending £400pm to CMS every month of which I've received just under £300.
However there was 2 consecutive months last year where I received £63 each month (I wrongly assumed that he had sent cms much small amount so I didn't query it) but he has confirmed and backed it up by sending photos of his bank statements showing that he did send £400.

I have contacted cms and they also confirmed receiving £400pm and see no obvious reason why only £63 was sent to me. My case has been past on to the specialist team for investigation. This was about 4 weeks ago. I am just wondering if anyone has experienced any thing similar?

I can't help but think that they are using the fact that some parents don't communicate and so discrepancies/theif aren't known.

OP posts:
asnippersdream · 11/02/2022 20:14

Do you have a statement. That should detail each payment you have received in the past year. What does that show.

FoamBurst · 11/02/2022 20:16

This happened with my ex many years ago. He had a child before we met. He paid them say 300. I can't remember the exact. Was meant to be 150 to me for ds and 150 to his ex for his eldest. And they were paying his ex it all.

They sorted it from then on but all the back pay I never got for ds.

Then about 3 years later he said he'd had a refund from his ex the Csa had claimed the over payment back and he was going on holiday with it.. When it should have gone to ds in theory.

Original poster
MidnightJen · 11/02/2022 20:19

Yes I have access to my statement online through the cms government site. It shows I only received £63 in both June and July.
Cms confirms that my ex sent £400 and they haven't been able to tell me what happened to the rest of the payment he sent. That is what they are investigating. Hope that makes sense.

OP posts:
Jedsnewstar · 11/02/2022 20:20

Then about 3 years later he said he'd had a refund from his ex the Csa had claimed the over payment back and he was going on holiday with it.. When it should have gone to ds in theory

No @FoamBurst it should have gone to YOU! You paid for DS, basically paid your ex bill. It’s shocking that ex got it. I would fight to get it back now you know it was refunded. The money is rightfully yours.

Original poster
MidnightJen · 11/02/2022 20:25

It is crazy how many years it took them to figure out and refund!! And even crazier that your ex kept the money for himself.

My ex is going to pay this months maintenance of £300 directly into my bank account until this is sorted .... and hopefully he can pay consistently so we don't have to use the service again.

OP posts:
whatnumber · 11/02/2022 20:38

So is your ex only going to pay you £300 this month- so he is going to be let off the other £100?

CMS are run very badly.
I don't think they do it on purpose as they would have to balance the books at the end of the day but so many mistakes are made I don't think they will balance.
Chase them up to get the money. Keep a note of dates,times, who you spoke to and any reference numbers.
Always assume they are doing everything wrong and stay on top of it.
@FoamBurst how many years ago? I would ring them if I were you and make an official complaint. It is their error. Even if they have to claim the money back from your ex. Tell them you've only just found out and you want it investigated.

RedCandyApple · 11/02/2022 20:42

Not quite the same as
My ex only pays £7 a week through his benefits for our 4 children, we spoke about it once as I commented on the fact he wasn’t claiming benefits for 3 years or working so didn’t receive anything for 3 years and he was adamant that the cms was taking the money off him, it was never passed on to me though. It was only £7 per week so doubt they were scamming me but who knows what happened to it 🤷‍♀️

Original poster
MidnightJen · 11/02/2022 22:02

@RedCandyApple

Not quite the same as My ex only pays £7 a week through his benefits for our 4 children, we spoke about it once as I commented on the fact he wasn’t claiming benefits for 3 years or working so didn’t receive anything for 3 years and he was adamant that the cms was taking the money off him, it was never passed on to me though. It was only £7 per week so doubt they were scamming me but who knows what happened to it 🤷‍♀️
That is strange. It doesn't matter the amount, the fact is cms they are receiving money that they are not passing on. £7 per week for 4 children is laughable but it still should be going to you instead of God only knows where.

I have been dealing with cms for 7 years and it has been one thing after another.

OP posts:
RedCandyApple · 11/02/2022 22:04

If seems silly complaining about it when it was such a small amount but I don’t think he was lying and I think it was taken off him but I never got it, I’ve heard of this happening to someone else recently.

Original poster
MidnightJen · 11/02/2022 22:06

@whatnumber

So is your ex only going to pay you £300 this month- so he is going to be let off the other £100?

CMS are run very badly.
I don't think they do it on purpose as they would have to balance the books at the end of the day but so many mistakes are made I don't think they will balance.
Chase them up to get the money. Keep a note of dates,times, who you spoke to and any reference numbers.
Always assume they are doing everything wrong and stay on top of it.
@FoamBurst how many years ago? I would ring them if I were you and make an official complaint. It is their error. Even if they have to claim the money back from your ex. Tell them you've only just found out and you want it investigated.

Thank you for your advice I will chase them and make a note of everything.

For now he will only send me £300. His logic is I was receiving a few pounds less than this when he was sending £400 so I should be grateful Hmm

OP posts:
Throwntothewolves · 11/02/2022 22:08

RedCandyApple despite the pitiful weekly amount (£7 for 4 kids, what a joke!) that amounts to over £1k that has just disappeared. I think you should raise it with CMS, it's money that's meant for you to provide for your kids after all

Original poster
MidnightJen · 11/02/2022 22:10

@RedCandyApple

If seems silly complaining about it when it was such a small amount but I don’t think he was lying and I think it was taken off him but I never got it, I’ve heard of this happening to someone else recently.
I understand but £7 per week over 3 years is over £1000

It definitely seems like this isn't just the odd mistake.
As a previous poster sad the service is run very badly and I wonder what we can do about it.

OP posts:
nomoneytree · 11/02/2022 22:27

Has he got another child somewhere?

GrandTheftWalrus · 11/02/2022 22:39

I have 2 friends. One pays his ex 300 a month for 3 children. He has no other children.

One pays 200 a month for 1 child and has 2 other children.

They are both on similar wages but one pays way under the cms suggestion and one over it.

Original poster
MidnightJen · 11/02/2022 22:47

@nomoneytree

Has he got another child somewhere?
My ex has no other children
OP posts:
ThatsAllFolks · 11/02/2022 23:10

I thought CMS charge u a fee for using the service, the NRP gets charged a significant amount and the RP a token amount. That could be why he pays 400 and OP gets 300.

everythingcrossed · 11/02/2022 23:15

@ThatsAllFolks

I thought CMS charge u a fee for using the service, the NRP gets charged a significant amount and the RP a token amount. That could be why he pays 400 and OP gets 300.
This. Why is the CMS keeping more than 25% of your ex's payment? Confused Apologies for my ignorance on this.
CheesyMother · 11/02/2022 23:26

Don’t accept the £300! You get less than he pays CMS as you have the security of knowing that it will definitely be paid. So if you’re moving outside the system he needs to pay you more as you’ve lost that security.

(Obviously, it turns out not to be such great security, but that’s by the by for this purpose)

SomeOwlsCoo · 11/02/2022 23:27

@ThatsAllFolks

I thought CMS charge u a fee for using the service, the NRP gets charged a significant amount and the RP a token amount. That could be why he pays 400 and OP gets 300.
They charge for collect and pay (ie if the paying parent doesn't pay voluntarily). The paying payment pays 20% on top of the amount due. The receiving parent loses 4% of the amount due.

So for example. CMS assess that £100 per week is due.
Paying parent pays £120 to cms.
Receiving parent gets £96 from cms.
Cms take the £24 as their fee.

CMS are a shower of shit though.

sunshineandrain82 · 11/02/2022 23:47

This happened to both myself and my partner on 2 different claims.
2 different reasons given.

My partner was told because he sent them more then the monthly liability (which was less then the payment plan he received 😐) the computer didn't like it and refused to send payment.. this went on for months which resulted in him getting compensation over it.

I've been told it happens when the references don't match up.. but I always point out if it's been sent as one payment then surely you couldn't pass anything over in theory.

Either way I have come to the conclusion I have to email and chase every month for the payment to be passed over. And cms don't actually know what they are doing.

Original poster
MidnightJen · 12/02/2022 01:13

@ThatsAllFolks

I thought CMS charge u a fee for using the service, the NRP gets charged a significant amount and the RP a token amount. That could be why he pays 400 and OP gets 300.
I now understand why I was receiving just under £300 due to the combination of fees/charges but it doesn't explain why for 2 months I only received £63 from the £400.

25% is ALOT but that is a separate issue on its own.

OP posts:
StarCat2020 · 12/02/2022 01:22

The whole CSA / CMS situation has been a joke for years.

I remember when they used to deduct the maintenance from people's Income Support.

Women and kids paying for the shit (again)

CluelessAt50 · 12/02/2022 07:12

I'm currently experiencing similar. My £31 a month (£28 maintenance for 3 kids & £3 a month towards his £12k+ arrears) rarely makes it to me. I wonder how many more of us are writing off small amounts because we're too busy doing the work of 2 people to spend the hours it'd require to chase?

NeesAndToes · 12/02/2022 07:18

That's ridiculous. Keep chasing them dont give up

PickledOnionSandwich · 12/02/2022 07:23

I hate them and I hate the fact that so many men get away with not paying. My ex still owes me over £4k but I’ve no hope of getting it. DS is 19, ex and CMS don’t give a shit. It’s so unfair. If ex owed any other money council tax/universal
Credit etc, the government would be sending letters/calling him/sending debt Collectors. But with this, they just don’t care. The system is just open to abuse.

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