Overpayments and Arrears trouble

payingovertheodds

Hi
I am the NRP in a CSA case that's been going on for years. I have promptly paid on time, always. A few years back, I discovered that my two eldest children were working. I contacted the CSA and informed them of this, and their response was that they would contact the PWC to confirm this. Of course, she didn't confirm this. I pressed the issue, and was told that I'd have to wait until September when child benefits make their checks. I waited and in due course I received a letter from the CSA stating that I would be put on a reduced payment because of this (deducting £30 a month in order for me to gain back my overpayment due to my eldest two working).

I paid this for very nearly two years as per the instructions on the letter.

Then, last June, totally out of the blue, I had a very aggressive call from the CSA telling me that because I was underpaying, I had accrued a large arrears which needed to be paid off. They had no recollection of my overpayment.

I fought this and eventually spoke to someone in the complaints department. After hours (literally) on one phone call, where she was telling me that she had personally made the calculation and know that there weren't any errors, SHE FINALLY ADMITTED THAT SOMEONE HAD MADE A MISTAKE and that I shouldn't have received a reduced payment but I still owe the arrears. I spoke some more and when she learnt that the initial overpayment was due to fraudulent claims by the PWC, she said 'that changes things, if I can get evidence'. Since then there was various times where I'd call and be promised a call back which never happened.

Then, I complained to my MP and initiated a complaint through the Parliamentary and Health Ombudsmen. This hasn't progressed very far and today, I received a letter from the CSA saying that they have not been able to contact me (my phone number hasn't changed for 11 years, so that's not true!) and because I have failed to meet payments they are deducting the full 15% from my wages along with an extra £100 to clear the arrears. My complaint is closed and they apologise that I didn't receive the level of service I should have... REALLY?!?!

I have contacted the ombudsmen again who have said they cannot stop the extra payments even though they are progressing with the complaint.

I have contacted my MP's office and all they have said is that they can call the CSA and see WHY they are taking payments when a complaint is in progress.

I feel lost. I cannot afford the extra payments; noone seems to believe they they actually owe me money, not me them (where has this evidence disappeared to?), and I seem to be being penalised for something which simply isn't my fault. The CSA's response is 'well the complaint is closed, that's what we found so you have to pay'. The only evidence I have this end is a letter from the CSA stating what my reduced payments should be. I honestly don't know where to turn. I am a grown man and I have been reduced to tears over this - I really cannot afford any extra payments.

I'm turning to this forum as I really don't know what else to do. Any comments or help is appreciated. Thanks for reading.:(

Cally_Smart

Have a look at some of my posts(just the child support ones- the others are about gardening & food!) about our experiences(my partner is a NRP) with the CSA. We have had nothing but stress and it's still not sorted out! Got MP on the case & hoping it will all be proven in the end not fair that they believe the pwc when we have all the evidence of what we paid her!The pwc was claiming ch/ben when she should not have been for both 'children'
Hope you get a satisfactory answer to your case.I think the mp is the best option they do seem to get the CSA moving a (tiny) bit quicker!

shoe*diva79

I think having your MP involved is the most you can do right now.

CSAworkerx

Im sorry to be the bearer of bad news, but your mp wont be able to do anything, People here seem to think its a one stop fix for their problems, they have the same rights as anyone else, to the point we cant even speak to them unless you put them as a representative.

Now, What you need to do is prove your children have been / are working, this is your best option for getting the arrears wiped, If they were not working cash in hand, they would have paid tax, which we can check. Phone a caseworker, explain your case, ask to speak to a team leader, then ask for a HMRC check on the child/ren in question to see how long they have been paying tax, to prove they were not a QC, thus nulling your arrears.

willowwispy

payingovertheodds wrote: »

Hi
I am the NRP in a CSA case that's been going on for years. I have promptly paid on time, always. A few years back, I discovered that my two eldest children were working. I contacted the CSA and informed them of this, and their response was that they would contact the PWC to confirm this. Of course, she didn't confirm this. I pressed the issue, and was told that I'd have to wait until September when child benefits make their checks. I waited and in due course I received a letter from the CSA stating that I would be put on a reduced payment because of this (deducting £30 a month in order for me to gain back my overpayment due to my eldest two working).

I paid this for very nearly two years as per the instructions on the letter.

Then, last June, totally out of the blue, I had a very aggressive call from the CSA telling me that because I was underpaying, I had accrued a large arrears which needed to be paid off. They had no recollection of my overpayment.

I fought this and eventually spoke to someone in the complaints department. After hours (literally) on one phone call, where she was telling me that she had personally made the calculation and know that there weren't any errors, SHE FINALLY ADMITTED THAT SOMEONE HAD MADE A MISTAKE and that I shouldn't have received a reduced payment but I still owe the arrears. I spoke some more and when she learnt that the initial overpayment was due to fraudulent claims by the PWC, she said 'that changes things, if I can get evidence'. Since then there was various times where I'd call and be promised a call back which never happened.

Then, I complained to my MP and initiated a complaint through the Parliamentary and Health Ombudsmen. This hasn't progressed very far and today, I received a letter from the CSA saying that they have not been able to contact me (my phone number hasn't changed for 11 years, so that's not true!) and because I have failed to meet payments they are deducting the full 15% from my wages along with an extra £100 to clear the arrears. My complaint is closed and they apologise that I didn't receive the level of service I should have... REALLY?!?!

I have contacted the ombudsmen again who have said they cannot stop the extra payments even though they are progressing with the complaint.

I have contacted my MP's office and all they have said is that they can call the CSA and see WHY they are taking payments when a complaint is in progress.

I feel lost. I cannot afford the extra payments; noone seems to believe they they actually owe me money, not me them (where has this evidence disappeared to?), and I seem to be being penalised for something which simply isn't my fault. The CSA's response is 'well the complaint is closed, that's what we found so you have to pay'. The only evidence I have this end is a letter from the CSA stating what my reduced payments should be. I honestly don't know where to turn. I am a grown man and I have been reduced to tears over this - I really cannot afford any extra payments.

I'm turning to this forum as I really don't know what else to do. Any comments or help is appreciated. Thanks for reading.:(

Hi Payingovertheodds,
My husband is a NRP & is in a very similar situation! Only despite paying on time by SO for the last 18 years he 'apparently' has arrears of £14k! (although last night when he rang CSA he was told the system showed £10k arrears (fishy))
The best bet is to speak to your pay office. They DON'T have to have to pay the DEO unless the CSA can prove your LIABILITY, to do this they have to apply to the courts. It is not LAW for your employer to make this deductions unless this has been done. The CSA wording implies it is 'Law' & employers think they must comply. Search for 'deadbeatdads' on google. Some very helpful info. Wishing you luck:)

Crellow4

If you applied for your liability to be recalculated on the basis that your children are working, then you are legally entitled to a written decision. If you've not had this I suggest you push for it. The written notification includes appeal rights. Your arrears cannot be recalculated without a revised decision on your liability. I would also advise you request a full Account breakdown which should explain where your arrears accrued.

CSAworkerx

Crellow4 wrote: »

If you applied for your liability to be recalculated on the basis that your children are working, then you are legally entitled to a written decision. If you've not had this I suggest you push for it. The written notification includes appeal rights. Your arrears cannot be recalculated without a revised decision on your liability. I would also advise you request a full Account breakdown which should explain where your arrears accrued.

Entitled yes, But if he was told verbally then the written notification isnt nessecery, The only way hed be notified is if the assessment was re-calculated, which is wasnt, so i assume he was told this verbally, a breakdown might be useful, but its pretty simply as to why he has the arrears

X is regular maintenance

Y is what the letter said he needs to pay

Z is the diffrence to what the letter says + the outstanding payment as he was underpaying.

A definate !!!! up by us, but simple to work out.

Crellow4

CSAworkerx wrote: »

Entitled yes, But if he was told verbally then the written notification isnt nessecery, The only way hed be notified is if the assessment was re-calculated, which is wasnt, so i assume he was told this verbally, a breakdown might be useful, but its pretty simply as to why he has the arrears

X is regular maintenance

Y is what the letter said he needs to pay

Z is the diffrence to what the letter says + the outstanding payment as he was underpaying.

A definate !!!! up by us, but simple to work out.

I have to disagree with you here - if a request for supersession was made he MUST be notified in writing, verbal notification is not legally acceptable.

CSAworkerx

Crellow4 wrote: »

I have to disagree with you here - if a request for supersession was made he MUST be notified in writing, verbal notification is not legally acceptable.

in your first post you are explaining a re-assessment, Supersession is diffrent.

payingovertheodds

Thank you for all of your responses. The Ombudsmen are due to call me tomorrow; I'll see what they say. I'll also try to prove that they were working myself too, that sounds like a plan. It's good to hear that I am not the only one in this situation. I feel quite alone about it and it's always on my mind. Can't understand how their maladministration costs me an extra £100 a month: when the boot was on the other foot they only reduced my payment by £30 a month!! Thanks again folks.

Crellow4

Revision and supersession are indeed different, however in both instances you are legally entitled to a written decision.