Overpayments and Arrears trouble

payingovertheodds

So, back at square one with even more stress.

Today, I called the CSA again. I spoke to a case worker, explained the story. She was sympathetic and said that I need to speak to someone in complaints who works with the person who dealt with my complaint. I was called back ten minutes later.

The person in complaints said that the case is closed, they cannot do anything unless I write to them. I explained my situation again and the fact that none of this is my fault, the arrears don't exist and even if they did then they came about through no fault of my own. She said I need to speak to the Business Unit as complaints can do no more unless I write to them.

The lady in complaints gave me a number for the business unit. I called it and spoke to a case worker who said that he doesn't work in the business unit and my call would only be transferred back to a case worker so he couldn't understand why I had been told to call the business unit. SO... I tell him my story. He is NOT sympathetic and says the same thing. Write in. No-one seems to understand I cannot afford any extra payments this month. And this 'arrears' is not my fault. His response was 'no matter who's at fault, you underpaid and we can take up to 40% of your wages'. Is no-one there human? Do they not see, that it isn't my fault I am in this situation so why should I be treated like the bad guy who didn't pay? He tells me that once a DEO has been set then it cannot be changed, they have no power to do that. Half an hour later in the same call, the same guy tells me that if I have a credit card I can pay half of the arrears with now, they CAN change the DEO. So which is it? Can or can't change it?

I ask to speak to a manager because he is almost blaming me ('you underpaid', 'anyone can say they have a letter stating that the CSA told them to pay less, our assessment shows...').

The manager tells me I have to write in and he will ensure the letter is 'fast tracked'. I give in because after 2 and a half hours on the phone, I feel incredibly stressed and frustrated.

WHAT DO I DO?

:mad::mad::mad:

payingovertheodds

oh I also asked a number of people about checking with HMRC regarding my children paying tax. Apparently they cannot do that, they have to go along with what Child Benefits say. Can we ask them then?

Crellow4

If I understand correctly your problem is that you requested a supersession (new liability) to reflect the fact that the two older children were no longer 'qualifying children'. You were advised verbally that you had overpaid and a new schedule was issued to collect a reduced amount?
What you need to establish is whether the supersession was calculated and if so when were you notified. If this change has not been formally dealt with then as far as I can see it is still outstanding and you are entitled to a written decision which will carry appeal rights - which I would urge you to use.
Can you tell me which scheme you are on? The reason I ask is that often on the 1993 scheme, payments would not reduce if one or more left the assessment unit.
It would be a good idea to get a list of your assessments - this will show if the reported change did actually reduce your liability.

payingovertheodds

Crellow4 wrote: »

If I understand correctly your problem is that you requested a supersession (new liability) to reflect the fact that the two older children were no longer 'qualifying children'. You were advised verbally that you had overpaid and a new schedule was issued to collect a reduced amount?
What you need to establish is whether the supersession was calculated and if so when were you notified. If this change has not been formally dealt with then as far as I can see it is still outstanding and you are entitled to a written decision which will carry appeal rights - which I would urge you to use.
Can you tell me which scheme you are on? The reason I ask is that often on the 1993 scheme, payments would not reduce if one or more left the assessment unit.
It would be a good idea to get a list of your assessments - this will show if the reported change did actually reduce your liability.

That's pretty much it. Wouldn't know what a supersession was, but I asked the CSA to check out the fact that my kids were working. They said we'd have to wait until September when Child Benefits do their checks. We did so and received a letter stating what reduced payments I should make in order to claim back the money I had overpaid. I still have that letter. I am on CSA 2, I think.

CSAworkerx

Crellow4 wrote: »

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

As i said, entitled yes, but if you are told on the phone that a re-assessment or a supersession will/will not be taking place, there is no need for a letter, The nrp/pwc can request such a letter mind you.

HoneyNutLoop

CSAworkerx wrote: »

As i said, entitled yes, but if you are told on the phone that a re-assessment or a supersession will/will not be taking place, there is no need for a letter, The nrp/pwc can request such a letter mind you.

You are wrong. It is written within law that written notification must be sent. It doesn't say may, which implies it is discretionary, it says must. I can refer you to the relevant bits of legislation if you'd like.

HoneyNutLoop

payingovertheodds wrote: »

The person in complaints said that the case is closed, they cannot do anything unless I write to them. I explained my situation again and the fact that none of this is my fault, the arrears don't exist and even if they did then they came about through no fault of my own. She said I need to speak to the Business Unit as complaints can do no more unless I write to them.

Write in - they are probably talking about escalating your complaint from their Resolution stage to their review stage. Ask for a full account breakdown. This should list all of the weekly assessments/calculations they have made. Check all the calculations you've expected are listed there - if not, ask why not. It will also provide details of all the maintenance that has Ben due versus what has been paid.

The lady in complaints gave me a number for the business unit. I called it and spoke to a case worker who said that he doesn't work in the business unit and my call would only be transferred back to a case worker so he couldn't understand why I had been told to call the business unit. SO... I tell him my story.

In your letter, also complain about this appalling standard of service.

He is NOT sympathetic and says the same thing. Write in. No-one seems to understand I cannot afford any extra payments this month. And this 'arrears' is not my fault.His response was 'no matter who's at fault, you underpaid and we can take up to 40% of your wages'. Is no-one there human? Do they not see, that it isn't my fault I am in this situation so why should I be treated like the bad guy who didn't pay?

That's because, no matter how unfair it may seem, in the world of child support it doesn't matter. It's original intent is not to be a blame game or judgement against parenting but a monetary calculation of debit versus credit. No matter how arrears accrue or whose fault, the account must be brought up to date.

He tells me that once a DEO has been set then it cannot be changed, they have no power to do that. Half an hour later in the same call, the same guy tells me that if I have a credit card I can pay half of the arrears with now, they CAN change the DEO. So which is it? Can or can't change it?

They can change it, but often won't especially if you aren't making what they consider an acceptable offer to pay. They can take that amount by law, from their point of view what's the motivation to take less?

I ask to speak to a manager because he is almost blaming me ('you underpaid', 'anyone can say they have a letter stating that the CSA told them to pay less, our assessment shows...').

The manager tells me I have to write in and he will ensure the letter is 'fast tracked'. I give in because after 2 and a half hours on the phone, I feel incredibly stressed and frustrated.

WHAT DO I DO?
Make sure you pursue your complaint with a clear explanation as to how the debt has accrued and assurance they have taken account of all changes you've previously reported.

PreludeForTimeFeelers

HoneyNutLoop wrote: »

You are wrong. It is written within law that written notification must be sent. It doesn't say may, which implies it is discretionary, it says must. I can refer you to the relevant bits of legislation if you'd like.

Yup, it's the Refuse to Revise letter, I remember it well...

Crellow4

PreludeForTimeFeelers wrote: »

Yup, it's the Refuse to Revise letter, I remember it well...

Yep. You'd think a CSA caseworker would know this

PreludeForTimeFeelers

Crellow4 wrote: »

Yep. You'd think a CSA caseworker would know this

I would certainly hope so, but in the CSA worker's defence, I think they mentioned working for New Client Team, who wouldn't really handle revisions or supersessions.