CMS drama... when will it end? Another successfully complained before?

[Crabonastick]

Hey all

Old thread:

www.mumsnet.com/Talk/legal_matters/3698861-Another-CMS-one

Update on old thread: phone the CMS a week or so later and was reassured that the phone call regarding wiping the arrears was a miscommunication. DOE was still going ahead.

Phoned at the beginning of October to see if the DOE was successful and had they received any money? I was told that yes, X amount has been paid in and I should receive in the next 3-5 days. Online portal said 19/11 so decided to wait until that date.

No money received and portal updated to 19/12 so phoned today and the person I spoke to refused to give me an update on what was going on as my case is complex ‘due to the paying person’ and will need a specific case manager to call me.

I’m exhausted with this all. I believe my ex is disputing the date the arrears begins due to the letter being sent to the ‘wrong address’

Ex states in statements to the courts and cafcass that he does not live at the address he has given the CMS, and has not done so for many years. He has not been registered at that address for poll tax since 2010 (I paid for the 192 report). He has apparently provided evidence in the form of correspondence, however, if the original letter had gone there, he would have been able to provide evidence it wasn’t his address in the form of correspondence sent to other address (he thinks he’s James Bond- we call him 00ZERO).

I have put together a mammoth complaint that I have posted and submitted via the online portal and posted asking them to address 25 errors that I have identified and their proposal and plan of action to have the disputes with my ex resolved and ensure that I start to receive some maintenance. I have contacted them 29 times in 18 months and been given different information each time.

I am exhausted with this all. I do not understand how such a catalogue of errors can accrue

I’m wondering if anyone has ever made a formal complaint? how was it resolved? Did you feel your outcome was successful in the end?

I have said in my complaint that I will be taking this complaint all the way to the ombudsman if I am not satisfied with the responses and this is not resolved, have requested a full copy of my case notes to I can identify any further failures on their behalf and collate names, dates and time for if/when this is taken further and said that if the arrears from my ex are wiped that I will be seeking compensation equivalent to the value of the arrears. (My personal thoughts regarding arrears are that I can understand if they wipe the arrears accrued from when the original letter should have been sent, to when he first contacted them directly in month 7)

He’s just taken me through hell with family court, for which I am £28k down on. He’s continuing to try to extend this hell by not paying a penny towards his son. This is having a severe detrimental effect on my mental health and finances. I wish I could just say ‘fuck it and fuck him’ but we can not afford to wipe maintenance out full stop.

Sorry for my incoherent rambling. I think my family are sick of hearing about it. I’m sick of the drama all the time. Our family court case was a joke because of his unbelievable behaviour throughout proceedings and this is becoming a joke too. Nothing is ever simple with him- he’s a typical narcissistic twat who has to have the final say and his own way. He just won’t ever stop

If he made contact with the CMS, he must have told them that they have the wrong address. If he didn't tell them then, then he was being deceptive so it is his fault that he isn't receiving mail. If he gave them a false address or a c/o address, and that is why he isn't getting mail, again, it's his fault. If his contact details changed since the dispute started and he didn't tell the CMS, again it is his fault. Only if he notified them and gave them a valid address but they failed to use it would it be the CMS fault.

Have you contacted the Army Welfare Service for help? The military don't look kindly on debt...

If he made contact with the CMS, he must have told them that they have the wrong address

He did, and he told them to send letters to his dads address when he first phoned them in December 2018 (month 7), but apparently the CMS did not then send a letter to this address after the first phone call. This is why I would be happy for the arrears to be wiped up to this date. apparently, as the CMS did not send a letter to him after the phone call, the process technically had not began to even count towards arrears, as it is all counted from ‘first contact’.

The issue is, he has said in statements submitted to the family court and to cafcass that he does not live at his dads address and has not done so for many years. And both cafcass reports quote him as telling them that he lives in temporary armed forces accommodation. The address that I gave to the CMS when I first made the claim was one taken from a letter that contained his financial information related to work related benefits from his employer that he used in his divorce with his now ex wife (he’s a catch isn’t he!). I even gave them his service number and I doubt the military would not forward correspondence on.

The problem with this being, had I have given his dads address to the CMS originally, he could have quite easily ‘proved’ that he doesn’t live there either, by providing correspondence addressed to his military address. So we would have had this dispute regardless if you see what I mean.

Have you contacted the Army Welfare Service for help? The military don't look kindly on debt.

Would they actually be able to do anything though? I feel I’d end up getting more grief if he found out that I was contacting his employer.

I feel this issue, whilst ultimately is the fault of my ex for not paying (when when he is fully aware of the amount he is required to pay), has been exasperated by the CMS inability to grasp the most simple or concepts. It’s hugely concerning.

We had a private arrangement made in 2016 with the figure agreed with guidance from the CMS regarding how much he should pay based on his salary and the number of nights he was having our son. He is aware that as salary increases and if number of overnight contact decreases then the amount is liable to change. His salary in the same tax year that the arrangement was made with the assistant of the CMS was in fact 68% higher than the amount he disclosed to the CMS. Ultimately he should have known he was underpaying.

I'd contact the army or threaten to in your shoes. The worse that could happen is they ignore you, the best is they tell him to sort ot out pronto.

What rank is he? I would write a very polite letter to his commanding officer and request that he encourage your husband to meet his moral and legal obligations with respect to supporting his children. I would add that he is attempting to use technicalities around living in military accommodation to try and avoid payment.

So minor update. My case manager still hasn’t phoned me but I called earlier and someone was willing to give me a part update

The CMS have successfully taken two payments from my ex. However, as he is disputing the case (the arrears that have build), they have put a manual stop of any payments being released to me. I am LIVID.

1. my ex is still legally required to pay a monthly amount that has been calculated by them. He has not made a payment since February 2018 (he was paying up until then but only 50% what he was supposed to). So whilst the arrears dispute is ongoing, why have they not even released the standard monthly amount he should be paying?

2. this is the first I have heard of the manual payment stop being put in place. Why has no one contacted me to explain this is the case?

@ChaoticKate I wouldn’t do that. Sadly he’s not a decently minded human being. He would give his CO the snivelling crocodile tears and fictitious story victimising himself whilst having his solicitors write me a shitty letter based on his deluded version of events and probably post fictitious reviews about my work online in revenge. He’s deranged. He’s not the sort of person who can think reasonably and has to always have his own way and the last say

Go to your MP, as soon as I got him involved and they contacted CMS they magically started working on my case and got payments started quickly.

I took my complaint to the ombudsman. They upheld it and offered me something like £25!!!
I got my MP involved and they worked wonders.
The problem is at the moment is that all MPs are in Perdue so that can't do anything until after elections.
But I would be banging on their door come 13 th December.

@Gingerkittykat I have involved him before but they still haven’t managed to resolve this issue. I emailed him yesterday but had a response to say that parliament has been resolved until the general election (he’s our current PM)

Go to your MP. They can get things sorted quicker than us normal people.

Case manager phoned yesterday. It’s worse than I thought sadly.

They’ve not applied their own policy and procedures correctly from the start and therefore the entire case is invalid and illegal. They’re going to wipe over £5k of arrears and there is absolutely no recourse for recouping the unpaid maintenance from my ex. Disgusting. Worst of all- all the DOE they’ve been collecting and are currently holding are going to be returned to HIM

There may be no recourse for recouping the money from your ex (I don't know if that is correct advice from the CMS, I would seek legal advice on that) but there is recourse for recouping the money from the CMS. You can raise a complaint and ask for compensation:

www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-administration/child-maintenance-what-to-do-if-you-re-owed-maintenance/

I’m going to be. Disgusting that by the sheer incompetence of them, my ex is £5k+ better off and has legally got away with not paying maintenance... despite the case being with them for 18 months!