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Legal matters

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Another CMS one..

13 replies

Crabonastick · 22/09/2019 17:49

Hey all

I’m going to try to keep the specifics vague as I suspect he’s also frantically googling.

Ex and I had a FBA which was based on his salary from 2012 and calculated through the CSA. maintenance did not increase in years and due to his character I couldn’t bring it up without a barrage of abuse or risking ceasing payment all together.

Due to violent convictions contact stopped. After a while I contacted the CMS to have a new maintenance calculation made. I have the address of where he was ‘based’ due to work for a period and gave them that. Ex is very very evasive about his address and this was the best I could give. I would have thought that the employer (military) would forward the letter on if they knew he had moved on to a new base.

They calculated a new maintenance amount, no increases was received. I chased the CMS and they said they would issue a DOE, I kept having to chase and chase and it was the usual excuses that the CMS spout out (not actioned, filled in wrong etc). Finally 7 months after first phone call, DOE was successful and ex phoned up saying he hasn’t had any corrospondence from them and gave them a relatives address (he does not live at this address, has not done so for several years and we have it in a current court case filing him specifically saying this), he disputed the amounts but agreed to pay an increased amount until it was resolved. He paid his usual amount (40% less than the new calculation) for another 2 months before cancelling paying maintenance all together. Just after he cancelled maintenance, he phoned up disputing the figures yet again. Another battle ensued regarding DOE (was told
2 months after cancelled maintenance it was successfully applied, waited, didn’t receive maintenance, phoned up to hear it was wrong 🙄), another 2 months of incorrect action and finally another DOE. Ex phoned again, disputing the amounts etc, questioning everything about the case (amounts, contact, arrears, deductible expenses etc). I had a woman from complaints phone me and after speaking she reassured me that the DOE was still continuing and that the arrears still stood. As far as she was concerned he was aware there was a case as he phoned in month 7, he was aware that the calculation for X was made and he’s aware he has a child etc so everything still stood. I thought it was all over.

On Friday I had a phone call from them saying that ex was questioning the legality of the case and the arrears as he never received the initial letter (despite phoning on month 7, 9 and month 15) and the man on the phone basically told me that the arrears (£5k) were being wiped completely and he was being given the opportunity to go to direct pay again.

This whole process has been such a head fuck, I am so upset and it’s giving me anxiety as I just do not know what is going on.

My question is, will it really only start from now, or when they send a letter to the address he had given (that he has specified in court statements he does not live at). Or will they backdate from when he phoned in month 7? I can not believe that the arrears have apparently been wiped (particularly after the reassuring phone call 48 hours before!)

I can not believe he has got away with massively underpaying and not paying at all for so long and it’s just wiped away? I’m hoping the man who phoned on Friday is on a slight time delay from the complaints manager 48 hours before?!

Does anyone know if the military forwards post from old bases once they’ve moved to another? I think if we were to have sent to the relatives address in the first place he would use the same argument- he hasn’t lived there in several years (which we have written evidence of)

I’m having a very very difficult year and I’m finding this such a head fuck

OP posts:
slipperywhensparticus · 22/09/2019 17:52

Ok for military they are very hot on them not having debt and paying there way can payroll be contacted it used to be based in Glasgow

RandomMess · 22/09/2019 17:58

Thinks I would ask my local MP tonget on the case..

Crabonastick · 22/09/2019 18:00

@RandomMess I contacted my MP in month 3, he did write and that’s why the first successful DOE was issued in month 7 that he phoned up about, and I contacted him again in month 9... but I’ve had no response... he’s busy with suspending parliament and pushing through Brexit at all costs...

OP posts:
Crabonastick · 22/09/2019 18:21

@slipperywhensparticus I can’t contact payroll directly and every time payroll has been contacted for DOE he has phoned up.

My query is more how can they wipe the entire 15 month debt when he has in fact been in touch with them since month 7, it doesn’t make sense?

OP posts:
RandomMess · 22/09/2019 18:27

Hence needing to go back to
MP.

Do you have all this time line in writing over the years so you can evidence that he has been in touch with them?

Crabonastick · 22/09/2019 19:14

I have nothing in writing to show he has been in touch, however when you speak to them on the phone they can see he was in touch in month 7 and 9

OP posts:
RandomMess · 22/09/2019 19:20

I would ask for documentation to be sent stating what dates he contacted them, I wonder if you ca apply under GDPR for all the dates and notes on your accounts?

Get this info then appeal the decision? Perhaps see if CAB can help you?

There may be forums out there with CMS expertise that could help you fight it?

Crabonastick · 22/09/2019 19:24

Thanks @RandomMess. I have asked them for a full copy of my case notes, hopefully I can get th without too much resistance.

I have an online portal that shows every time I have phoned (literally just the date), wrote (MP), and every letter they have sent.

I have also submitted online a consent letter for my solicitor to contact them on my behalf in case she can find out what the hell is going on.

Will start writing to my MP again tonight

OP posts:
RandomMess · 22/09/2019 19:39

It's disgusting that anyone employed and paid by government can get away with not having a deduction of earnings 🤬

Kellyjosephine · 24/09/2019 14:00

Hi all. My first post.
My ex and I split up 5 years ago. We have two kids together 8 and 12.
We have a joint mortgage interest only with 12 years left on it.
We agreed that we’d both pay half the mortgage until my youngest left home, school etc. 6 months ago he decided he was just ‘ not gonna bother’ paying his half.
I went to cms to see if I could get child support from him. He went self employed and basically got an accountant that says he only earns £150 per week. So my children get £10 per week for their upbringing.
My question is can my ex just stop paying his half off the mortgage?
I spoke to the mortgage company and they said they don’t care who pays the mortgage as long as it’s paid. So I’ve been paying all of it.

Kellyjosephine · 24/09/2019 14:02

I think I’ve posted this in the wrong place 🙄

Enko · 24/09/2019 14:53

@kellyjosephine right forum but best to start a new thread about your issue. Good luck

Kellyjosephine · 24/09/2019 14:57

Thank you x

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