claiming back overpayment from the csa

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  • Davee64
    Davee64 Posts: 8 Forumite
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    There's a big difference in figures. The only money they're returning to me is the amount that they took after the dated letter that I received in June. Payments should of ceased on 3/9/16 by the information that they have given me. By my calculation they still owe me 1733.80 minimum. Possibly a further 540.00 if I can prove it
  • Davee64
    Davee64 Posts: 8 Forumite
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    Oh, I didn't read it all before replying. When I spoke to them in June, they said that I should get it all back, regardless as to whether or not they get any money back from my ex. Unfortunatley this was only verbal confirmation. They didn't include this in the written confirmation that they sent out the next working day
  • Fission
    Fission Posts: 225 Forumite
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    as far as I'm concerned I should be entitled to all of it back.

    That is correct provided that there were no arrears outstanding at the date that liability ceased. If there were any existing arrears, you would logically expect a refund of the payments since cessation of liability, minus the arrears.

    If there were no arrears, you'd expect to get the whole overpayment back.
  • Davee64
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    My payments should of stopped last September, not June this year after I cancelled the direct debit. The CSA really screwed up with my case. They classed my case as closed as from 21/6. Then took a further payment on the 28/6, which took them eight weeks to repay. This was a big insult to me. No explanation as why I was only going to receive less than 10% of what they owed me. Only to be followed up with a bigger insult. They sent out a schedule for further payments.
    If anyone else has problems. Make sure that you keep a full record of any contact, as well as payments made
  • DUTR
    DUTR Posts: 12,958 Forumite
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    Davee64 wrote: »
    My payments should of stopped last September, not June this year after I cancelled the direct debit. The CSA really screwed up with my case. They classed my case as closed as from 21/6. Then took a further payment on the 28/6, which took them eight weeks to repay. This was a big insult to me. No explanation as why I was only going to receive less than 10% of what they owed me. Only to be followed up with a bigger insult. They sent out a schedule for further payments.
    If anyone else has problems. Make sure that you keep a full record of any contact, as well as payments made

    Everyone should keep a full record, whether NRP or PWC.
    Then it is much easier to resolve any discrepancies.
  • Launa82
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    Does anyone have an email address or postal address we can write to we have been ringing them as overpaid for £2000 and no joy with calling them
  • poolybadboy
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    The exact same has just happened to me, I heard last month that my children were no longer in full time education so I called the CSA end of March to ask if the ex had contacted them to let them know. They told me she hadn't so would do a CHB check.
    They phoned me back in the afternoon and told me that CHB had stopped for the 2 children on 04/09/17 and that as I paid through AOE the account would more than likely be up to date so I should get what I overpaid back.
    I phoned back as I received a letter that didn't make any sense at all and was told that payments should have definitely stopped 04/09/17 and the wrong letter was sent to me, told again I would get what I overpaid back.
    Got an answerphone message off a lady from the CSA asking me to call her back so called back and she wasn't available so the lad on the phone read out the notes which said that I was owed £240.00 (my monthly payments) and that was all. I questioned why I wasn't getting the full amount back (approx. £1400) and was told that it was not the CSA's fault that the overpayments were made and that it was the responsibility of both parents to notify them when there is a change.
    I explained to the guy on the phone that I don't live in the same town as my kids and I haven't seen them for 3 years so how am I to know what they are doing, I only found out in the first place through a family member who had heard this.
    As far as I'm concerned they took on the responsibility to deduct my payments from my employer and give it to my ex so they should take responsibility for the administration of the case.
    Davee have you heard anything else or is still ongoing.
    can anyone else provide any advice or would I just be flogging a dead horse by pursuing it with them.
    Thanks
  • Rainbow_Liberty
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    Partner I've been in relationship with for over 15 years already had a child when we met. Never shirked responsibility and payments were made each month by private arrangement. As well as spending lots of time, holidays etc with child. As it should be. 
    Approx 2013 suddenly get notified by CMS that application had been made which caused financial issues for us and difficulty in visitation due to the distance involved as finances became too restricted to enable frequent travel or to do anything with child whilst there. Child was missing out but we were doing the best we could. 

    I had suspicions child had left education but was told that as the CMS were still requesting payment then obviously child was attending. Whenever we asked about school/college got really vague answers, no knowledge of holiday times etc. Partner didn't wish to rock the boat, was afraid to contact CMS. 


    Child turned 19 we received notice to continue paying for a further year. I wrote asking if this was correct as child now 19 and if had done 3 year course it would have been completed. 

    CMS confirmed child had not been in education for previous 3 years (my instinct had been correct all along). They told us the PWC had been telling them each time they asked that child was still in education and they never check it......... 

    We have asked CMS for a total amount of overpaid amounts. As we paid by DD not them taking out of wages, they have said its down to us to ask for it back. If they had been taking from us then they would have refunded us and it would then be up to them to claim back from PWC. 

    However despite numerous letters to various different departments to get a definitive total amount we have never received any paperwork. 

    PWC has inherited a property which is up for Sale and we would like to put a charge against it as it is not the first time PWC has acted fraudulently towards my partner. 

    We are getting worried that the property might sell and we still have not had any correspondence from CMS. I've even gone so far as to send emails of all correspondence to local MP. 

    If it had been other way round they would have been very quick to take the money from us, so why, as they are partly at fault, can they not compensate us then reclaim from PWC. 

    Any help or ideas would be gratefully received 



    Rainbow
    Liberty
  • ZaSa1418
    ZaSa1418 Posts: 651 Forumite
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    I would suggest going to citizens advice, if this was a direct pay case then you will have to try and get the overpayment back from the ex. It may involve going to a small claims court. 
    Does your partner have an address for the ex, if so write a letter advising you know x amount was overpaid and therefore you expect this to be refunded and if not legal action will be taken. 
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