CMS miscalculation

[CMSnightmare2024]

My ex has always paid through CMS, however CMS pulled his salary info wrong and took a previous year salary info (app due to systems being down and couldn't pull latest data) but the year taken he was earning more.

Anyhow due to this he overpaid for 1 year, he's challenged it, appealed it and won. My view is that I use CMS to get the calculation right they've gone to tribunal with my ex and lost and admitted they did not pull the latest data which was their error. I assumed CMS would directly repay him the overpayments. My payments are now correct it was just 1 year he over paid.

Just had letter saying my payments will now change in light of him winning the appeal - so every month I will now be £120 worse off. Do you think I have a case to appeal this with CMS, the fault was theirs as they pulled the wrong data and got him to pay wrong amount. all my exe's CMS money goes to pay my rent so this reduction is going to hit me hard.

Any suggestions on if you've appealed on a situation like this and won. Feels to me that CMS should repay ex not me?

[Collaborate]

As between him and CMS he is entitled to a refund.

As between you and CMS it's worth trying to put some pressure on them - speak to your MP - but are you £120 worse off because that is the difference between what he's paying now and what he was paying when the figure was in error?

[CMSnightmare2024]

Hi,

It seems that they have calculated my correct payment but are now taking off £120 of the monthly figure I get - without coming to me and seeing how that would affect me financially. I presume this is to recoup the money and means ex pays less so reclaims his over payment.

My issue is that this mis calculation is completely their fault they have admitted they took the wrong data in tribunal case so a big mess up by them, also something I was not aware of and no reason I should be I'm not privvy to ex's financial situation.

£120 is a lot to lose every month and it's come into affect this month no notice, no discussion..

[CMSNightmaretoo]

Hi CMSNightmare2024

Just out of interest is your ex partner self employed? Why do you go through the CMS?

I assume you have a CMS account and post on your portal? Why did you have a tribunal and what was the outcome of the tribunal case? Just trying to understand a bit more.

I feel for you, I really do! I have been battling with the CMS on and off for years! My latest issue started in November 2023 and finally now I think I am getting some where - my case is very COMPLEX! The case workers are a joke. They are customer services at best with little training in child maintenance matters in most cases and just try to fob you off at every opportunity ESPECIALLY if you have complex questions/case. You're possibly speaking to the triage dept initially who haven't a clue! Have you tried to escalate with CMS? Asked to speak to a team leader? Put a formal complaint in? Spoken to your MP to escalate on your behalf? They take more notice if they hear from your MP on your behalf and the matter is dealt with quicker than if you have a whinge directly to them!!

Look forward to hearing from you!