Arrears after CSA error

i_hate_the_csa

I'm hoping Kelloggs or some other cluded up person on here can help me please.

I have just been re-assessed dating back to May 2005.PWC asked for the case to be looked at again then but the CSA failed to act on it.They have admitted it was 100% their fault.

Pay slips from April and May 2005 were used to do the calculation.At that time i worked alot of over time because of staff shortages and i also worked the Bank Holidays.Due to this my wage was twice my normal take home pay.

If this had been carried out in 2005 like it should of been i would of asked the CSA to look at my case late 2005 when my wage was back to normal.Which is my right,i think??

So do i still have that right now? I've writen to the CSA and they are saying i dont. But how can this be? All this has happened because of their massive error!

Thanks for any help given.

shell_542

It sounds like you SHOULD be able to do it, but I'm not surprised the CSA are telling you you're not. If noone else can help on here I would be looking into contacting my local MP or NACSA to try and help on my behalf. Good luck.

Donedoingdebt

As shell stated, it may be worth contacting NACSA on this one.

I've a horrible feeling about this one, that the CSA will state that you should have notified them that your wages had dropped after the overtime spike even though you were unaware that there was a reassessment request.

Their mantra states that any reassessment applies from the date that the request is put before them, ie - early 2005 in your case, so the CSA may try & justify this by saying that technically, they've followed their rules to the letter.

Whether you can prove maladministration or not, is perhaps where NACSA could help. www.nacsa.co.uk

i_hate_the_csa

I guess the CSA have to be fair to PWC AND NRP? They made the mistake and now they are trying to deny me the right to appeal. Is that fair?

Lil2002

The process you need to follow.
Appeal the assessment - and you only have 28 days to do that.
They will issue a refuse to review letter - it is your right to have one, do not let them fob you off.
When you have that you can appeal on the grounds that if the assessment had been done at that time, you would have requested a change of circumstance when your wages changed. You should provide evidence of the change in income.

i_hate_the_csa

Thanks for the reply lil2002.But thats basicly what i've already done.They sent a computer generated letter back saying that the infomation will not effect the assessment.Is this the refused letter you mentioned?

Why the hell do you have to write to them 2-3 times to get one task done?!!!

Lil2002

i_hate_the_csa wrote: »

Thanks for the reply lil2002.But thats basicly what i've already done.They sent a computer generated letter back saying that the infomation will not effect the assessment.Is this the refused letter you mentioned?

Why the hell do you have to write to them 2-3 times to get one task done?!!!

Yes, thats the letter that you need, you need the Appeals team to look at your case. Your 'refuse to review' letter should have the contact information ( and you should have been sent a booklet) about a formal appeal.
They should be able to calculate an assessment that will slot in to the intervening period.
For new rules
http://www.csa.gov.uk/en/PDF/leaflets/new/CSL307.pdf

For old rules
http://www.csa.gov.uk/en/PDF/leaflets/new/CSL307.pdf

i_hate_the_csa

I dont have the letter here for reference but it did say i can appeal against their findings.There was no booklet sent explaining how to do it.So i'll have to send another letter to them.Even after i said i wanted to appeal in the last letter!

Is it any wonder they have a massive work load! They know what i want to do.They have the details needed.Why not just sort it out? What a bunch of bloody clowns!

Lil2002

Actually, there is no need to wait on a booklet - I have given you the link to both, just choose which one is correct.
You simply need to write out your appeal, the grounds for the appeal, and send it in.

I'm pretty sure you'll find that the letter you have been sent does tell you the next steps. It is not the team you have been dealing with who do the appeal - it's a seperate team who only deal with appeals.

LizzieS_2

When did the csa first ask you for the April/May 2005 payslips?

i_hate_the_csa

They first asked for payslips around 6 months ago.The reason it is backdated to May 2005 is because thats when PWC asked for a reassessment.CSA failed to act on it till 6 months ago.