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CSA Overpayments

Hi guys

I've searched through the forum to check I'm not asking a question that's been asked already - if it has, apologies (please point me in the right direction!!).

As I'm self employed, I only really know exactly what my earnings are at the end of each financial year. I was paying CSA payments in the 08-09 tax year based on my earnings in the 07-08 tax year. However, my earnings in 08-09 were less than 07-08, so I notified CSA in May '09 what my actual figures were.

As such, I requested that they assess what I should have paid against what I actually paid, and make the difference up through a reduction in the new weekly payment schedule. As indeed I would expect them to do, and I would be more than happy with, if my earning had increased.

I have recieved a letter from a CSA complex caseworker to say that they will not backdate the overpayments as "the agency can only complete a change of circumstances when information is recieved and this has been done as soon as you ahve submitted your previous year's self employed tax returns".

I would like to challenge this through their appeals process. Any suggestions would be very welcome, thanks.

Brian
I am an Independent Financial Adviser
However, anything posted here is for discussion purposes only. It should not be considered as financial advice.
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Comments

  • speedster
    speedster Posts: 1,300 Forumite
    they are correct i'm afraid.

    changes are only put into effect from when they recieve notification.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • Bellio
    Bellio Posts: 133 Forumite
    I have no doubt though they backdate it when THEY want money. They are Crap.
  • speedster
    speedster Posts: 1,300 Forumite
    Bellio wrote: »
    I have no doubt though they backdate it when THEY want money. They are Crap.

    the only time i think they can backdate is if an appeal for say "lifestyle inconsistent" is upheld.

    they are indeed carp, but they can only act on the information they are given.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • speedster wrote: »
    the only time i think they can backdate is if an appeal for say "lifestyle inconsistent" is upheld.

    If the ex partner tells the csa about an apparant " lifestyle inconsistancy", don't the csa have to inform the other party so they can disprove the claim, or do they just go ahead regardless?

    Just wondering if that might be the reason why my hubby has just been informed of 4k of arrears backdated 18months ( even though he has payed the required amount every month without fail!) and is earning alot less than last year
    No-one at the CSA can explain where this figure has come from, or why, but they very kindly " invited us" to take out a loan to repay otherwise they will do a DOE? ( hubby is self employed! ) :rotfl:
    :EasterBun
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Angel3108 wrote: »
    speedster wrote: »
    the only time i think they can backdate is if an appeal for say "lifestyle inconsistent" is upheld.

    If the ex partner tells the csa about an apparant " lifestyle inconsistancy", don't the csa have to inform the other party so they can disprove the claim, or do they just go ahead regardless?

    Just wondering if that might be the reason why my hubby has just been informed of 4k of arrears backdated 18months ( even though he has payed the required amount every month without fail!) and is earning alot less than last year
    No-one at the CSA can explain where this figure has come from, or why, but they very kindly " invited us" to take out a loan to repay otherwise they will do a DOE? ( hubby is self employed! ) :rotfl:

    :eek:
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • speedster
    speedster Posts: 1,300 Forumite
    Angel3108 wrote: »
    speedster wrote: »
    the only time i think they can backdate is if an appeal for say "lifestyle inconsistent" is upheld.

    If the ex partner tells the csa about an apparant " lifestyle inconsistancy", don't the csa have to inform the other party so they can disprove the claim, or do they just go ahead regardless?

    Just wondering if that might be the reason why my hubby has just been informed of 4k of arrears backdated 18months ( even though he has payed the required amount every month without fail!) and is earning alot less than last year
    No-one at the CSA can explain where this figure has come from, or why, but they very kindly " invited us" to take out a loan to repay otherwise they will do a DOE? ( hubby is self employed! ) :rotfl:

    ok. a few facts.

    1. it is illegal to offer financial advice when not qualified to do so.

    2. they would have a hell of a job slapping a DEO on self employed!!!

    3. you need to aaply for your clerical files held on you under the Data Protection Act. this will show how they have come to their figures.

    4. a lifestyle inconsistent or deprivation of income takes a lot of proving and can be a fruitless endeavour. i know of PWC's who have been attempting these for years unsuccessfully. a lot will depend on how creative the NRP's accountant is.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • 4. a lifestyle inconsistent or deprivation of income takes a lot of proving and can be a fruitless endeavour. i know of PWC's who have been attempting these for years unsuccessfully. a lot will depend on how creative the NRP's accountant is.[/QUOTE]

    I know exactlly how the ex " proved" it. My Son is severley disabled and now qualifies for a mobility car which we received not long ago. a few weeks later she turned up at our house taking photos.
    Oh well, hopefully DP files will turn up at some point and shed some light.

    wouldn't mind but hubby's accountant is not "creative " as you put it, not all self employed people go out to fix their accounts, and although self employed he is contracted to a company so everything is aboveboard
    :EasterBun
  • speedster
    speedster Posts: 1,300 Forumite
    she sounds as twisted as my ex.

    oh. most SE are creative with their accounts, it offsets the lack of pension, holiday and sick pay.

    so, if you get a grand or 2 back every year legitimately, you're still down on the perks of paye.

    the only advantage is if the CSA are on your back, as their ace card is to slap a DEO on you. they cant do this if you are SE, so it kinda levels the playing field a bit.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • speedster wrote: »
    she sounds as twisted as my ex.

    oh. most SE are creative with their accounts, it offsets the lack of pension, holiday and sick pay.

    so, if you get a grand or 2 back every year legitimately, you're still down on the perks of paye.

    the only advantage is if the CSA are on your back, as their ace card is to slap a DEO on you. they cant do this if you are SE, so it kinda levels the playing field a bit.



    Maybe We need to find a new accountant! :rotfl:
    :EasterBun
  • speedster
    speedster Posts: 1,300 Forumite
    yep.

    "creative" rather than "careful" is the key word when choosing an accountant.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
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