CSA Overpayment Advice..

Toots286

Scenario:
Party 1 hasnt seen his children for nearly 9 years. Payments have been made every month for 9 years as per instruction.
Information came to light via social media that said child (aged19) was no longer in further education.
Since September 2018 Party 1 has continued to contact CSA to inform them of the information.
Payments have still been taken out.
CSA have then in December 2018/January 2019 taken twice the amount over both months including a DEO (direct earnings order part 3 regulation)
So all payments have been taken out in Oct/Nov/Dec/jan via SO and a DEO although the case was closed 1/09/2018
A total amount of£ 2800 has been incorrectly paid...
Party 1 had been informed they will contact the child(19years) and ask for it back.
Or we go to the small claims court to ask for it back!!!
Can anyone advise???

Comms69

Have you spoken to CSA?

DUTR

Toots286 wrote: »

Scenario:
Party 1 hasnt seen his children for nearly 9 years. Payments have been made every month for 9 years as per instruction.
Information came to light via social media that said child (aged19) was no longer in further education.
Since September 2018 Party 1 has continued to contact CSA to inform them of the information.
Payments have still been taken out.
CSA have then in December 2018/January 2019 taken twice the amount over both months including a DEO (direct earnings order part 3 regulation)
So all payments have been taken out in Oct/Nov/Dec/jan via SO and a DEO although the case was closed 1/09/2018
A total amount of£ 2800 has been incorrectly paid...
Party 1 had been informed they will contact the child(19years) and ask for it back.
Or we go to the small claims court to ask for it back!!!
Can anyone advise???

Are there any arrears to settle?

HoneyNutLoop

As DUTR said, does party 1 owe arrears?
Have CMS (given that pretty much all CSA cases are now closed) made a decision in respect of the reported information about the child leaving education? In which case, what was the decision.?
When the DEO was taken in Oct, why didn’t party 1 cancel the standings order? Standing orders aren’t taken. They are an instruction to forward money from your account to a recipient. Part 1 has contributed towards the situation they find themselves in by not cancelling the standing order.

No you cannot take the child to court. You will have to resolve the situation with CMS.

Is the child the applicant in the case? If not, any overpayment recovery by CMS would be from the applicant, not the child.

Toots286

Hi, party X1 was never and has never been in. Arrears.
He was advised not to pay when the evidence was provided the child had left college so the standing order was cancelled.
Party 1 asked them to conduct an investigation into the child benefit being paid it never was.
Party X1 then received a letter to state nothing had changed so had to resend the monies and re set up the standing order. All payments were made then on top of that and because of advice provided to stop the X1 payment during the investigation they then took x2 direct order payments out party 1s wages. So efficiently party 1 paid x4 in x2 consecutive months.
Party X1 has since been informed that even though the mother was aware the child had left education she had made a complaint that no monies had been received so party X1 had to continue the payments although this appears incorrect and fraudulent
The child we refer to is not a child they are a 19 year old woman.
All conversations have been had with the CSA/whatever there now called.
There the ones who have said you’ll have to go to small claims court to get it back.

HoneyNutLoop

So, to clarify,:
Have CMS currently made a decision that payments are still due and party1 believes this to be wrong? Or
CMS have decided payments should stop and that party 1 has overpaid, but they have decided not to reimburse the overpayment?

Also, why didn’t party 1 cancel the standing order after the first month CMS took a DEO payment?

Finally, while you might take umbridge with the use of the term child, that’s what she is referred to for maintenance purposes. There’s no point getting your panties in a bunch over it.

Toots286

CMS Have now decided that Party 1 has over payed. There has been no reimbursement they have said they will investigate. But bearing in mind their investigations so far. We shall see...
As it was Christmas time Party 1 wasn’t aware of the monies being taken out until the new year when it had been done a second time.

HoneyNutLoop

When did they decide he had overpaid? I’m guessing not until January, so at most 4 weeks ago? Given the timeline you’ve laid out so far.

So party 1 didn’t notice they had paid twice in the first month? They only noticed in the second month? Perhaps party1 should get in the habit of checking their bank account more frequently, not least because it makes good financial sense but also so that transaction discrepancies can be identified quickly.

DUTR

HoneyNutLoop wrote: »

When did they decide he had overpaid? I’m guessing not until January, so at most 4 weeks ago? Given the timeline you’ve laid out so far.

So party 1 didn’t notice they had paid twice in the first month? They only noticed in the second month? Perhaps party1 should get in the habit of checking their bank account more frequently, not least because it makes good financial sense but also so that transaction discrepancies can be identified quickly.

From what I remember when my friend's case was switching over, the main difference was for some reason CMS was collected in advance and CSA in arrears, so at the change he in effect had to pay twice(later resolved in his favour).

HoneyNutLoop

DUTR wrote: »

From what I remember when my friend's case was switching over, the main difference was for some reason CMS was collected in advance and CSA in arrears, so at the change he in effect had to pay twice(later resolved in his favour).

CMS collects in arrears too.