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Ive overpaid but the CSA wont refund me direct!!

Hi,
I am not the parent with my children and have been paying csa regularly without fail.
I posted a message in December 2012 asking if I could pay my 18 year old direct and had one or two replies.
I wrote a letter 6 months ago asking the csa when I stop paying for my two children as they are now 18 1/2 and 17 years old and I know that they both have part time jobs whilst still being at college and school.
I received a telephone call this week advising that Ive overpaid for my 18 1/2 year old as they have checked that my ex is not receiving child benefit for him since aug 2011!!
I have overpaid over £1300 !!!
when I asked the csa when they would have contacted me to advise me to stop paying , they said that they do not ring "customers" unless the "customer" contacts them as I have done. What I find annoying is that neither the csa or indeed my ex wife has even bothered to think about me and my payments that I make, if you owed money you are hunted down and the money is taken whether you like it or not, as has happened to me before. they are very ruthless in that.
I asked about getting the monies back and was advised that I cannot get the money back and because I still have my 17 year old to pay for that they have reduced my future payments to the value of £1300.
I would rather get that money back now if possible , can I????
Is this legal???

Comments

  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    Yes its legal. Your getting the money back in the form of reduced CM for your other child.

    The CSA could ask your ex for the money back - or you could? She may not give it back tho so your best is to have the reduced payments.

    Also, your aware that children in education/receipt of child benefit are payable until age 20 now?
  • kevin137
    kevin137 Posts: 1,509 Forumite
    It may be in there paperwork, but i would be inclined to write them a letter and state that as they had not done there job and had over collected the money, that if it is not returned in full within the next 14 days, then you be be taking legal action for the recovery of the overpayment with interest at 3% above base rate.

    State your reasons for this, are that the CSA cannot know how much would be due in the future and that this would be tantamount to holding YOUR money ransom. Copy this into your MP, and make an appointment to see him as a matter of urgency as well...

    He may well be able to give them a kick up the backside to get it returned with no issue, but if he can't then you are within your rights to claim back an overpayment...
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