Tax credit overpayment-appeals

[becky021982]

Hi everyone

 

i received a letter june 2011 asking for proof of childcare costs like invoices etc. The same week i lost my job so rang straightaway to inform them i was no longer working and asked to have all childcare money stopped. Whilst on the phone i renewed for the next year and was advised we earnt too much to be entitled anymore due to the new changes and that i would not receive money going forwards. At no point was i advised i still needed to send the information regarding costs and as i was told i wouldnt get any more money i assumed (maybe stupid i know) that they wouldnt need the information.

 

I didnt even think about it till i received a letter in septemeber 2011 telling me as i hadnt sent the info back then they have revised my previous years claim and now i owe £7600.00!!! Clearly very shocked and angry i rang to query this. I was advised that they are not disputing i was entitled to it as i was but that as there was confusion over the letter than they want the money back. I argued that i never received a reminder letter , if i had off done then i would have realised they still needed it but was nold they no longer send reminders now. What happened if i never received the original letter in the post?? Anyway i was advised to dispute it after getting help from citezens advice and requested my records under data potection act to make sure i hadnt been told in the call that the info was still neeeded. I got the recoirds and double checked. I was correct. I have always rang within 24hrs of any change to ensure my records are always upto date and clearly from my records they sent me you can see this.

 

I have now received a demand letter giving me till 5 june 2012 to pay it back! Rang them last night and got told dispute now been sent to appeals and they have 4 months to deal with but they only have to wait 6 weeks from start of appeal before they can demand i start repaying it?Cant understand how they can demand money yet it is being appealed? Does this sound right? Im so upset and worried. They have said if i win the appeal i will get the money back but not straightaway!

 

I was entitled to the money, never lied about earnings etc yet a simple error in beleiving i had done everything needed of me i have repay £7600!

 

Any advice would be appreciated

[freakyleaky]

Hi Becky and welcome to the CAG.

I am sure the regulars will be along to advise as soon as they can.

[reallymadwoman]

I am not an expert on this, just speaking from personal experience.

 

Stand your ground. As you have no ongoing tax credit award they can't just deduct the money from that, so what are they going to do? Taking any further action whilst there is an appeal going through would just make them look ridiculous.

 

In my case I did eventually 'win', but only after it went to the ombudsman or whatever the tax equivalent is called but in the meantime they had been taking £10-£30 a week from my ongoing award which it took them 6 months to give back.