Overpaid - no refund !!!!!!

poppet2014 · 6 June 2017 at 8:52PM

Hi all

i'm going around in circles.

CSA closed and CMS opened. Turns out an over payment of £1700 has been made yet the CSA wont refund as its "detrimental to the children" from my previous relationship (i also have a young child at home)

complaints have yet to call me back (since March) and ive called every couple of weeks chasing it up.

The CSA have taken money from me which legally they shouldnt have done and now wont pay it back. CMS have said they can't get involved as it sits with the CSA and not them

ARGGGHHH what do i do... any advice is VERY much welcomed.

jobbingmusician · 6 June 2017 at 8:54PM

I don't know. But I DO know that where I have had problems with government departments in the past, my MP has been very helpful. (I have been lucky in having an exceptional MP. Fingers crossed he will still be there next week.)

Of course, you don't have an MP until Friday. But it might be worth writing then......

poppet2014 · 6 June 2017 at 8:56PM

That's great thank you, was thinking of doing that as a last resort. Maybe i need to get something drafted up and ready to go.

WYSPECIAL · 10 June 2017 at 7:13AM

Depending on the circumstances your ex may not have to repay it but if that is the case you will be entitled to a refund from the public purse.

They will then try to recover it from your ex.

DUTR · 11 June 2017 at 1:30AM

poppet2014 wrote: »

Hi all

i'm going around in circles.

CSA closed and CMS opened. Turns out an over payment of £1700 has been made yet the CSA wont refund as its "detrimental to the children" from my previous relationship (i also have a young child at home)

complaints have yet to call me back (since March) and ive called every couple of weeks chasing it up.

The CSA have taken money from me which legally they shouldnt have done and now wont pay it back. CMS have said they can't get involved as it sits with the CSA and not them

ARGGGHHH what do i do... any advice is VERY much welcomed.

Are you certain there were not arrears?
These figures don't just magically appear, you get things in writing, surely you may have been aware you were over paying much earlier in the process? Before the CMS case started .

Colin2129 · 10 July 2017 at 6:42PM

Hello MSE,

I asked CSA to look into my payments to my ex wife as I believed that he was no longer in Higher education some three years ago.... To cut along story short they failed over three years to look into this matter and said it was not for them to prove and that when they asked my ex she said he was in higher education.... It took me time to find out that he was in work and she had been claiming money fraudulently and I now need advice how to get money back.

As others on here have said they are quick to take it but not in returning it! can she be prosecuted?

£380 over three years is alot of money

Colin2129

Sambella · 11 July 2017 at 5:12PM

‘Detrimental to the children’ doesn’t wash when a landlord is ready to evict a single parent from rented accommodation for rent arrears.

It’s a cop out by CMS.

What you can do if you feel strongly about it is to go to the small claims court and ensure you name CMS as co respondents.

You may get your money back at a rate of something like £10 a month.

Overpaid - no refund !!!!!!

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