What are my chances of getting my overpayments back?

May 4, 2016

You really have to laugh, otherwise you’d go mad.

For all my recent problems with the CSA.  Nothing prepared me for when I received my SAR from the CSA.

In January this year, they finally closed down a case that I started (I stupidly believed that it was the done thing to go to the CSA to work out a fair payment for my daughter)

Anyway, I wrote to them in July 2015 to close down the case and finally they did in January 2016.  They closed down the case and in the notes they wrote that I had made 1,800GBP in overpayments.  They clearly had no intention of informing me about this.  In Feb 2016, my ex opened another case because she’s a cunt.  No mention of the overpayments, nothing – just a miscalculated figure that I was somehow in arrears…

I’d like to get this 1,800 back what are my chances – anyone know?  somewhere between slim and not at all?

Comments

  • Smithy says:

    There is a policy in place at the CSA where any overpayment made at the breakdown stage of a closed case. The policy is if they determine there is an overpayment then to give as little to no information at all to the person whose overpaid. They ask whether ‘if there is an overpayment would you like it collecting’ they also use guilt tricks and use the child on the case to claim they’d have to claim it back from the parent with care if they did. Which is nonsense. PWc overpayments on a close case are not enforceable, the only time they are is when the case is open in which case a Regution 8 calculation can take place. Overpayments on closed cases can be paid back through the Secretary of State. They use the above policy in hope the NRP says he doesn’t want it collecting. At no point during the procedure will they inform you of how much the overpayment is. They only time they will is after they are confident the figure is correct and the NRP asserts his request to the amount. Picture this: They call an NRP and advise ‘if there’ is an overpayment (bare in mind at this stage they know there has) do you want it collecting from the PWC (Guilt trip) you say no assuming if there was it’s probably going to be a quid of two, when in actual facts it’s over £1000, in which because you said no try close the case and not pursue refunding back. This happens, frequently. My advice to you all. Whenever you are advised of a potential overpayment treat it like there had been one and always say you want it collecting. If it turns out to be only a couple of quid or so, you can tell them after you don’t want it collecting. Unfortunately for you though, if you have overpaid on a close case but a new case has been made against you in which you have arrears they will attempt a reallocation of funds from your overpaid case to your new case in order to clear the arrears. And refund you the difference if there is any.

  • Izzy says:

    well, sent my letter off today for an explanation and asking for the money back.

    I’ll keep you all informed.

  • john says:

    there response is if you over pay there’s no point in trying to get it back as its the stat that has to pay it back and they have to try chance the over paid parent .they don’t want the hassle pure and simple because most cases the other isn’t working .I pooshed the matter and manage to get them to suspended payments till the amount was back on track. you can ask for that to be done they don’t like it and it might take a few months but means you wont pay as much or nothing for a period till its levelled out.

  • Izzy says:

    Well, what I was informed verbally by CSA was that “They just made that figure up so they could close the case”

    I asked for that in writing as I was now going to take them to Court to recover the funds.

    I’m no expert…but I’m pretty sure you don’t just invent mad figures just for the sake of closing down a case. I hope they read these web pages because they will know who I am and they will also know that I am coming for them.

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