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How much can we claim in compensation from the Child Support Agency?
My husband recently found out that he has overpaid the Child Support Agency (CSA) to the tune of £25,000 over the last 7 years.
My husband was not aware that he had a son until he received a letter from the CSA whilst serving in Afghanistan. He has never met the child and the CSA have always refused to give him any contact details for the mother so that he could try to arrange to meet.
Around the time his son turned 16, my husband insisted that the CSA find out whether the lad was going to college or not, and therefore whether his payments would stop or not. It turned out that the mother had not claimed Child Benefit since 2003, and the CSA say that because of this my husband should not have made any payments after that date. The CSA refuse to tell us why the mother hasn't claimed Child Benefit, and we are actually worried that the boy has died. We have no way to find out what has happened.
Anyway, the CSA told us over two months ago that they owed us £25,000 and would pay it back to us with interest within 21 days. The only payment we have received from them is approx £600 pounds and they promptly claimed it back from my husband's salary.
The CSA have breached their own guidelines so many times and they have specifically offered compensation after the overpayment and the interest are finally paid back to us. The thing is, we have no idea how much compensation we should go for. We are looking for compensation for the following:
If we had not paid Child Support for the last 7 years we would have no debts and a much cheaper mortgage.
My husband fell behind with his payments whilst his mother was dying from cancer and he was travelling to see her every weekend. The CSA basically said that it wasn't their problem and took the money from his salary instead. It was very distressing for him during a very difficult time and it was humiliating for him that his employers were approached to pay the CSA from his salary.
His son may have died 7 years ago and the CSA may have been making him pay for a dead son all that time without telling him.
We have been waiting two months for money that is owed to us and we are still seeing no sign of it coming back.
The hassle of trying to find out what is going on is making my husband very stressed and irritable - it's becoming like an obsession for him.
Bearing all this in mind, what would be an appropriate level of compensation, do you think?
@ Donna and Hal. Sorry the question was so long and you didn't get a chance to read it all before you answered.
If I can re-iterate, we have paid the CSA as required for 8 years. We asked them to review whether the case should still be open or not as the boy was 16. The CSA reviewed and told us that we had overpaid by £25k and that they would pay it back with interest. We were not asking for a refund or anything, just an update on the status of the case. The CSA have failed to pay us as THEY said they would and senior managers have rung my husband to apologise and have told him to claim compensation. We initially said no, just give us what you owe us, but things have got so ridiculous that we are now looking at claiming compensation AS SUGGESTED BY THE CSA. Looking back, our lives have been badly affected in many respects by the CSA and if they are still being this incompetent, why shouldn't we claim for what we have lost out on?
As for my husband's son, we are not able to have children ourselves and would have loved to have contact with him. However, he was already 8 years old by the time we even knew he existed. The mother has never contacted my husband personally and the CSA refused to give him any onformation at all. They even contacted us recently to ask if we knew where she was. We have thought about approaching a solictor or even a private detective in the past, but in all honesty, money was too tight to make this an option. We were paying over £300 pounds a month to the CSA and they always refused to review what my husband was paying even when things got very tough for us financially.
I hope the people who have decided to take such a moral high ground never have to have any dealings with the CSA because they are utterly incompetent and offer very little benefit to either parent.
9 Answers
- TavyLv 71 decade agoFavorite Answer
We do know in the UK just how incompetent the CSS is. I do suggest you visit a Solicitor. If more people sued them they just might just pull their socks up. First thing tomorrow Google the MP for your area and either write to them, or visit their next surgery.
Good Luck.
- MeLv 71 decade ago
CSA doesn't owe your husband anything. They only collected the money then paid it directly to his sons mother. It is the mother he needs to go after, not CSA. I can guarantee you without a shadow of a doubt if this went to court, your husband would lose, as he would be suing the wrong person/entity. He needs to sue the mother.
I am sure he knows her name. Also even in the UK a father can request a paternity test. He also has rights to see his child. It sounds like he is more than a bit lax or plain just doesn't care. He could have gotten a solicitor and he could have taken the mother to court for visitation. Just because CSA would not release the address does not mean a solicitor could not have found out and got a court date.
I also agree with another poster. It seems like he never really cared whether he had a son or not. Now the possibility arises that the child may have died 7 yrs ago, and you 2 are more worried about compensation that the dead child.
I say there should be NO level of compensation from CSA. Take the mother to court if you want to get compensation from someone.
Donna
EDIT>>>>
Yes your question was long....but I read every single word of it before I answered your question.
Now, just because you have been told by CSA that they are going to pay back the £25,000 .. I wouldn't hold my breath. There are people in every office, every business, every organization..be it private or govermental...that don't know what the he** they are talking about.
If you feel froggy and want to leap..then by all means do. I just was trying to forewarn you that you are barking up the wrong tree.
Look..contact a solicitor and see what they tell you. I can guarantee you a dime to a dollar they are going to tell you the same thing I have.
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- Confused HalLv 71 decade ago
I find it rather strange that the first thought when finding out that your husbands son may have died is how much can we claim back from the CSA and can we get compensation.
It is the mother that is responsible - the CSA dont keep your husbands payments for themselves they pay it to the mother she is the one responsible for informing the CSA of any changes.
If your husband was serving in Afghanistan it must have been around 2002 or 2003 - who was paying for the upkeep of his son until that time? I realise that your husband didn't know but his son still required feeding and clothing.
- 1 decade ago
You need an attorney, right away! Make sure the attorney you retain has experience dealing with the CSA.
I don't live in the UK, but if the government agencies are anything like they are in the US, an attorney is the only way you'll be able to settle this matter.
Good luck!
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- 5 years ago
It shouldn't make your CS any employ. it truly is a one lump sum. mostly regardless of the truth that, in case you had toddlers, there is like a $10 a month that you get in accordance to newborn a month, so verify and observe in case you've been paid this in the lump sum and make certain the youngsters get their percentage.
- Anonymous1 decade ago
Tell them you'll take 50% and not drag things out in court....
