Tax Credit overpayments

Options
CIS
CIS Posts: 12,260 Forumite
Name Dropper First Post First Anniversary
in Benefits & tax credits
I was overpaid and ruled eligible to repay the money as I was aware that an overpayment was in payment, I had contacted them many times and still they paid for 2 month.

My appeal was thrown out on grounds that as I was aware it my was my problem for not getting the payment stopped.

Ive now found this on HMRC website as a reasonable appeal;

Did the claimant contact us several times, and we failed to take the appropriate action, for example, to amend a tax credits award to reflect a change of circumstances that had been reported.

Where do you think I would stand if I re-appealed and stated this in my argument ? Has anyone managed this yet ?.
I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
«1

Comments

  • Fran
    Fran Posts: 11,281 Forumite
    First Post First Anniversary Combo Breaker
    Options
    I would definitely go for it with the backup of Citizens Advice or similar to represent you.

    I received yet another tax credits letter today (including yet another green book) which doesn't appear to conflict with previous letter so I'm worried about what it means. What a waste of paper! :mad:
    Torgwen.......... :) ...........
  • fatblokexl
    fatblokexl Posts: 456 Forumite
    Options
    cis,
    if you sent in a COP26 and the decision was made that you had to repay, you cannot appeal that decision. if you sent in an APPEAL in the belief this would overturn an overpayment the appeal will not be sucessful as you cannot appeal an overpayment via the appeal route, it needs to be cop26.
    fatblokexl
    :EasterBun:
  • shykins
    shykins Posts: 2,758 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Options
    i have continuoisly told them that i have a partner (now husband) living with me and they have issued me paperwork as a single person and as a couple.. i have rung them and sent every bit of single paperwork back saying already told u about this and copied papers they have sent ot me with his name on but still i get papers as a single person

    i seem to have forms from them every week ..i shudder to think how many of those green booklets i have had and thrown away .... i have no idea if they are over or under paying me as i cant seem to make them understand

    i wish u luck with yr appeal cos it seems to be a complete mess from what i can tell and i am hoping that i dont get a huge bill at some point saying i owe them.. incidentally the latest letter from them says they overpaid me as a single person £6.79 but as it was so small they werent goin to collect it... joke isnt it??

    good luck xxx
    When you know better you do better

    Atkins since 2004 - 8 stone loss maintaining
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    I received the award notice showing the overpayment and sent in a letter questioning why and asking that it be considered as an official error.

    I received a letter saying that I could not appeal and the recovery was final.

    I know that the decision makers are working according to the rules, but to say that an error that occurs even though you notified them is grounds for appeal and then to send a letter saying the no appeal is a bit much.

    If they dont/wont cancel overpayments caused by TCO errors why dont the powers that be just come out and say categorically that all overpayments will be recovered regardless of reason. :confused:

    One of the problems seems to be the Tax menetality and not a benefit mentality, ie: official tax errors are recoverable, official benefit errors usually are not. They need to make up their mind whether its Tax or Benefits. :mad:
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • fatblokexl
    fatblokexl Posts: 456 Forumite
    Options
    shykins wrote:
    i have continuoisly told them that i have a partner (now husband) living with me and they have issued me paperwork as a single person and as a couple.. i have rung them and sent every bit of single paperwork back saying already told u about this and copied papers they have sent ot me with his name on but still i get papers as a single person


    you will continue to get paperwork as a single person until your single claim has been finalised. the process for this being:

    1)you tell them the date your single claim is to end
    2)they send you a final award notice notice stating how much you are due from the 6th april that year until that date, (compared to how much you have actually received rightly or wrongly)
    3)at the end of that tax year (following april onwards) they send you a declaration form where they ask for your earnings
    4) when you tell them all the details they need they finalise your award
    5) they then send a FINALISED award notice showing exactly how much you were due (refer to (2).
    6) if you happen to be overpaid they cannot interfere with any new claim so will pursue you for this money.
    7) if no overpayment, there will be no need to contact you under "that" claim anylonger, unless you revise your declared income.


    the same thing applies if you are a couple.

    so in theory, if your single claim ended on 7th april 04, you could do your declaration as late as 30th sept 05 and be told in october 05 your claim has finalised,
    fatblokexl
    :EasterBun:
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Options
    Ive just had a reply from the TCO via my MP.

    It basically states that the overpayment is not their fault (how ???) and that they have no record of my contacting them. Unless I can provide further evidence they wont reconsider.
    They finish the letter by saying that as it is being recovered from this yrs award, I no longer have an outsanding overpayment. They dont seem to grasp the point.

    Does any one have any further ideas ?, and does anyone know if TCO use a telephone number logging system ? I would love to see a list of inbound numbers and find the exact date and time I called them.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
    Options
    Why don't you check your phone bills and send them copies. I assume your telephone provider details the length of each call on your bill. It's worth a try.

    I'm not sure if they have a telephone logging system but when you call the helpline they usually put a note on the system giving details of the call as well as make any changes you have requested.
  • elaine373
    elaine373 Posts: 1,427 Forumite
    First Anniversary Combo Breaker
    Options
    Appeal again, you just might get a competant person review it... It shouldnt be this hard to be honest , and its clear you have been, therefore its their fault. Good luck, Elaine
    “Love yourself first and everything else falls into line. Your really have to love yourself to get anything done in this world.” Lucille Ball.
  • elaine373
    elaine373 Posts: 1,427 Forumite
    First Anniversary Combo Breaker
    Options
    CIS wrote:
    Ive just had a reply from the TCO via my MP.

    It basically states that the overpayment is not their fault (how ???) and that they have no record of my contacting them. Unless I can provide further evidence they wont reconsider.
    They finish the letter by saying that as it is being recovered from this yrs award, I no longer have an outsanding overpayment. They dont seem to grasp the point.

    Does any one have any further ideas ?, and does anyone know if TCO use a telephone number logging system ? I would love to see a list of inbound numbers and find the exact date and time I called them.

    Sorry posted my first reply without seeing the above. You could go personally down to your local ta office and see if you can speak to some-one( especially if you can produce a prevoius phone bill showing you have called them.) Regards, Elaine
    “Love yourself first and everything else falls into line. Your really have to love yourself to get anything done in this world.” Lucille Ball.
  • fatblokexl
    fatblokexl Posts: 456 Forumite
    Options
    all calls to the helpline are logged (if that side of the system is working, 99% of the time it is).
    when tco review overpayments they look at this and read the notes left by the advisors. if there is any there concerning your point then there is the evidence, next time you call ask the advisor to look back at any dates in particular and read the note attached (if any).
    fatblokexl
    :EasterBun:
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.3K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards