Tax credit overpayment.

[jonnyb1978]

Going back to the start of 2009.....yes 3 years ago, my partner had a letter from the Tax credit idiots regarding an overpayment that they wanted paying back. Basically it was two payments. 1. A mistake when my then partner (now wife) received the credit through a paye scheme. 2. They say she never sent back an annual declaration so are untitled to any credits....She did return declaration. This was a single claim

 

I disputed this and asked for data protection subject access, transcripts etc. They failed to respond to my last letter dated February 2009 and heard nothing ever since. Today they come back with a letter saying i have been told about the overpayment before and to pay it by April, threatening the usual court proceedings etc.

 

Question is do i dispute it all again using the form T684 i think it is or carry on where we left off enclosing all previous letters.

 

There is an admittance of their mistake for overpayment 1 in their notes from the Subject access request. There are phone calls missing of their staff stating 'dont worry we dont owe anything'.

phone calls from me asking for another declaration form as we never received one. phone calls trying to sort overpayment. The hardest bit is trying to prove she sent the declaration. They say she didnt, she says she did. The overpayment in question was a single claim ending 15.05.2006 where a joint claim was started (i moved in with my partner), i was arguing if a joint claim was started then they were well aware the single claim was to stop as we told them.

 

Any advice please?

 

Reply

[laineynic]

I am haing a very similar problem. Except I rang to confirm the changes. They say they have no recor of this phone call. I remember it so well as they were having problems logging into the sytem. Mine goes back to 2007. My argument is that if the claim wasn't completed why did hey pay it? According to them they never receved the notification in July 2007, but paid me until April. I didn't question it because the amount was the same as the year before and then paid the same to me in 2008. I informed them on the 1st of April to advie tham that my daughter was staying at college and that my wages had changed. The advisor change the deatils to say my daughter was staying in college. The income didn't matter.

 

They have been chasing m since 2008 saying thet the mistake was mine and not theres. I went to the ombudsman and she said just the same as the HMRC. She is no different and waffles on about I should have told them within 30 days. I did tell them and because of the idiot who was on the phone that day I have to pay this money back. I feel like I am banging my head against a brick wall. I have just made a new claim and they will not let me have the tax credits because of what I supposedly owe them the money.

 

I understand your frustration, it really seems unfair especially when you are treated with disbelief. I have no option but to begrudgingly pay it back. I hope you do better than me.:-(

[discod]

I dont understand if yo have to pay back money and they stop your tax credits how on earth do you pay them back?? with fresh air?? and do they take child tax credits into account or just working tax?

[laineynic]

Not sure how they expect us to pay it back. They haven't even offered for us to pay it back by monthly payments. They want there money back and they want it now.