claiming back overpayment from the csa

Davee64

I recently contacted the CSA because I had been told that my son was no longer in educaton, and hadn't been in education for some time. I was contacted on 20/6/17 by them, verbally confirming that my obligation to make these payments should of ceased on 3/9/16. I was also given the impression that this case would be handed onto another department that would deal with my reimbursement. I then received a letter dated 21/6/17 confirming that this case should of been closed on 3/9/16. Even though this case was classed as closed, the CSA took another payment on 28/6/17. I immediately contacted the CSA to complain and ask when I would be getting my money back. Not only was I told that they couldn't return the wrongfully taken payment, but that it would probably take up to seven weeks for them to asses the overpayments and return it to me. After the seven weeks was up, I contacted them via email, and posted a letter to them. one week later I was eventually contacted by them merely as an acknowledgement that they had received my letter, and that it would be forwarded onto the relevant department to asses whether or not that the overpayment would be returned.
Anyone know how much longer I should expect to have to wait, or, any other revenues that I can take to get my money back.
As like everyone else that this sort of thing has happened to, I have had to suffer a loss of income because of the neglect of the likes of the CSA not doing their jobs properly to ensure that this sort of thing doesn't happen

DUTR

How were the payments direct to the PWC, via DD or SO to the CSA or via EAO?
Then if the payments were passed onto the PWC, they have to write to confirm the overpayment then you will (should) get a cheque back depending how the payments were made.

Davee64

my payments to the csa were made via direct debit. they were always sharp in sending out demand letters when I used to pay

Davee64

Anyone know if it is possible to take legal action against the CSA, should they reject my claim for the overpayments

DUTR

Davee64 wrote: »

Anyone know if it is possible to take legal action against the CSA, should they reject my claim for the overpayments

WHy do you feel they will reject your claim?
Like you I had 2 letters, one to say to pay until the next 12 months and another to say the liability had ended a month prior, I simply called them to confirm which is valid, they confirmed liability had ended and that they would return any over payment, it came in 2 parts money which hadn't been passed to the pwc (that came within a week) and then the payments that had been forwarded a couple of weeks later, all resolved in less than 4 weeks.

jimd-f

to be fair to CSA they will not know that the child has ended full time education unless someone tells them!
once they know this they will
a- refund any payments still in the system; ie not paid out to PWC providing they can see that there are not excessive arrears on the case
b- do a full account breakdown on your case to see if you have paid everything due, and there are no arrears, and this can be the bit that takes time depending on the complexity of the case
c- contact the PWC if there have been overpayments to arrange for them to be repaid
d-as the CSA does not hold any funds of their own they then have to make a decision on how to repay any overpayments as they are in effect paying out taxpayers money and this is done after considering point c by a specialist team
so depending on the complexity of the case it could take a little while.
i would phone them and ask for an update and a timescale

Tammy214

Can anyone help me I have a 13 (nearly 14) year old daughter. We have had no contact with him or a penny for 12+ years EVER even though she tried via Facebook etc only to be blocked ��
My question is can I now make a claim of CSA and get back dated?? He doesn't work as far as I know but he has in the past. Thanks

WYSPECIAL

You won't be able to get it back dated. Claim will be from when you contact them.

Davee64

I've received back dated money before after I told them that my daughter lived else where. Now that I've been advised that my last child ceased further education. During a phone call when they advised me that my obligation to make payments ceased last September, they ask what I wanted to do about this money.
By my calculations they owe me over 1912.70 after taking another payment that they shouldn't of taken. Eight weeks plus later, I received a letter saying that they owe me 178.90. Can anyone offer me legal advice to claim the full amount back?

Davee64

as far as I'm concerned I should be entitled to all of it back. When they called me last week to acknowledge receipt of my letter, They gave me the impression that I might not get any of it back. Since then, I received a letter saying that they were going to repay 178.90. A fraction of 1912.70 that should not of been taken. the first chance I get I'll be going to the advice bureau. Don't suppose you can offer any advice. If I phone them direct, I'll probably blow my top with them

jimd-f

ask them for a full account breakdown and then check this against your own figures. if there is still a difference then i would send in your figures and ask them to explain any discrepancies.
your case ended when the last child left full time education or reached 20 so you will get the case backdated to that date.
it looks to me that they may be possibly only refunding money not yet paid to PWC at present as all other money has gone to her and they need to arrange a way to get this back. this will be clarified once you get the breakdown.