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Original poster

CMS fraud investigation team

107 replies

Skyvanilla22 · 11/03/2021 12:30

Can anyone please advise.
My ex is currently being investigated by the Financial Investigation team of the CMS.
He is continuing to claim he earns £5 per hour meaning I receive a tiny amount . Unfortunately the company he works is providing the info to HMRC. He is 'on the books' sometimes & cash in hand others. It's a small family run business. The CMS are willing to investigate as I think they have identified discrepancies in my case.
I'm happy they are investigating but I'm not hopeful of a positive outcome.
Has anyone had a positive outcome following an investigation? Or do you know what they actually do? I do know that they work along side the HMRC but unsure what other things they can do.
I really hope someone can help me. I'm actually at my wits end.

OP posts:
Original poster
Skyvanilla22 · 09/04/2021 07:30

Just wanted to update everyone. The investigator called me to update me on my case. My ex partner has not submitted his pay slips as requested by the investigator so the case now gains further power. Fingers crossed.

OP posts:
margotleadbeter · 09/04/2021 07:36

I applied for a financial investigation as my ex is in a low paid PAYE job but posts his completed freelance work on his website (he charges £500 a day for that). I received a letter saying they had checked the tax records for self employment in 2015 and they were £0. Yep they were. We were still together that year and he hid his freelance earnings from the HMRC. They need to look at it over the last 2 years and check his bank accounts as that is when I first applied for maintenance. It's my job today to message them to see what is actually going on. I won't drop it on principle!

Original poster
Skyvanilla22 · 09/04/2021 08:00

I was wondering - do the FIU have power to check bank accounts?
My ex is most definitely receiving cash in hand on top of his declared income so I’m praying he’s been paying this cash into his bank account. The investigator did indicate that they can check but he didn’t give much away as to how they get their information. My ex claims to earn £9k yearly - for 3 years. 🤔

OP posts:
Lysistratathereindeer · 09/04/2021 08:04

If he's claiming to earn £5 an hour that's under minimum wage - how is the company he works for squaring that with HMRC?

itsgettingwierd · 09/04/2021 08:12

That was my official thought. I suspect though he's adding his non declared and declared and taking an average?

I'm glad you're getting somewhere. I think the fact he's refused to submit his bank statements shows he has something to hide. If he's telling the truth and believes he's laying the right amount for his income why not prove it?

Original poster
Skyvanilla22 · 09/04/2021 08:36

My thoughts exactly! It’s a small family run business who have been investigated previously. £5p/h is not even a legal amount to earn! He’s clearly getting a ‘top up’ of cash. I have no idea as to how his work place have managed to square it with HMRC!!
He was to provide pay slip evidence to the investigator - which he has not done. Clearly hiding something.

OP posts:
Lysistratathereindeer · 09/04/2021 10:24

Perhaps report it to the HMRC team who're in charge of ensuring companies don't pay less than minimum wage - there's no way HMRC are ok with £5 per hour!

Original poster
Skyvanilla22 · 09/04/2021 11:03

Yes I have already. I’m unsure how they’re getting away with it tbh. Maybe saying staff are part time

OP posts:
IstandwithJackieWeaver · 09/04/2021 11:38

What shit fathers these men are. And the companies complicit in their lies should be severely punished imho.

wineandsunshine · 09/04/2021 11:42

I'm owed over £21k - it's been investigated multiple times and taken to court. I've had nothing.

I don't understand how the CMS can't do their job properly. I've written complaints, called, emailed and I get no decent response.

IstandwithJackieWeaver · 09/04/2021 11:48

My guess would be that they are underfunded and understaffed.

Saladd0dger · 09/04/2021 12:44

I am taking my ex partner to tribunal. He isn’t self employed. Each year when a new assessment says he needs to pay quite a bit more he claims his hours have been cut. A couple weeks after a reconsideration he puts them back up. So the next assessment goes up. Cycle repeats. Do you guys think I have a chance? His company are providing everything correctly to hmrc. My ex is just fiddling the system

itsgettingwierd · 09/04/2021 12:49

@Skyvanilla22

Yes I have already. I’m unsure how they’re getting away with it tbh. Maybe saying staff are part time
Yes. They will state he's working 20 hours at NMW for example. He will receive x amount and pay x amount NI and tax.

Then he may work 12/17/20 hours on top of this cash in hand.

The company will not be staying his wage is below NMW. They just won't be declaring the cash in hand work.

Other ways this works is company employs 20 hours (for example) as PAYE. They can then have them working for them as SE and then it's up to the employee to do their tax returns for this amount. That's unusual but not impossible they function who's way.

Original poster
Skyvanilla22 · 09/04/2021 13:00

That’s exactly what is happening! But what is being questioned is why he’s not claiming for UC to ‘top up’ his wage due to only earning £9k yearly. His rent alone would swallow up his monthly wage. They are planning on interviewing to ask him this

OP posts:
JSL52 · 09/04/2021 14:03

I'm so tired of hearing about men who don't pay for their children. How fucking dare they.
The CMS sounds as useful as a chocolate teapot.
My daughter is an adult now. Never had a penny , I was told he owed me 90k by CSA.
So frustrating over 20 years later nothing has changed.

Original poster
Skyvanilla22 · 09/04/2021 16:32

I’m really hoping I get a positive outcome but tbh I’m happy that he’s being investigated as he’ll be crapping himself.
He’ll be interviewed soon and he’ll be asked how he can afford his lifestyle earning so little.

OP posts:
Original poster
Skyvanilla22 · 10/04/2021 07:59

@Saladd0dger

I am taking my ex partner to tribunal. He isn’t self employed. Each year when a new assessment says he needs to pay quite a bit more he claims his hours have been cut. A couple weeks after a reconsideration he puts them back up. So the next assessment goes up. Cycle repeats. Do you guys think I have a chance? His company are providing everything correctly to hmrc. My ex is just fiddling the system
How can he get away with it if the numbers from HMRC are correct? It shouldn’t matter that he claims his hours have been cut if the info is taken straight from HMRC?
OP posts:
Original poster
Skyvanilla22 · 10/04/2021 13:15

Out of curiosity - has anyone had a positive outcome following an investigation from the FIU?

OP posts:
itsgettingwierd · 12/04/2021 18:32

@Skyvanilla22

That’s exactly what is happening! But what is being questioned is why he’s not claiming for UC to ‘top up’ his wage due to only earning £9k yearly. His rent alone would swallow up his monthly wage. They are planning on interviewing to ask him this
It's really encouraging they are actually starting to look at information and investigate where it's so obviously crap!
Original poster
Skyvanilla22 · 14/04/2021 12:08

Does anyone know if the FIU have powers to check bank accounts?

I'm sure they must do.

OP posts:
Fuckitaaaallllll · 14/04/2021 14:06

@Skyvanilla22

Does anyone know if the FIU have powers to check bank accounts?

I'm sure they must do.

I know when I worked in a bank we did get a few requests from HMRC to provide bank statements to them. We were authorised to send these without customer authority. I'm not sure what FIU is but I'm guessing all government depts dealing with money would do similar.

It was quite a few years ago though

Nooker01 · 15/04/2021 07:47

The cms told me that's one of the powers they have.....I hope they can because with an ex that doesnt do cash in hand work he will definitely have electronic transactions that he will think they cant check!! 🤞

dattenboroughiskingoftheworld · 17/04/2021 13:35

Well the financial investigation I requested has been ended because of 'insufficient evidence'. Hmmm that will be because they looked at a tax return from 5 years ago, 3 years before we separated. Not the last two years when he's been working openly freelance on top of PAYE and I sent the evidence in showing it. I will be appealing

Nooker01 · 17/04/2021 13:53

I was told if the FIU get involved they look at the whole period not just isolated period. Definitely appeal. Hope they look at it for you

TotheletterofthelawTHELETTER · 17/04/2021 14:14

My ex’s bank accounts were looked at in 2019, this was during a non-payment investigation rather than a fraud one. CMS rang me to say they had viewed his bank accounts and there was money in there but they weren’t able to take it as it would leave him without a certain percentage. I can’t remember what it was but she explained that when they direct claimed money from bank accounts they aren’t able to leave the person with £0.
They took him to court instead, he paid the arrears in full on the morning of the court date.

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