Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Smcandrews
    • By Smcandrews 19th Sep 16, 8:36 PM
    • 4Posts
    • 0Thanks
    Smcandrews
    Help ! Advice needed ! Overpayment Tax Credit Appeal
    • #1
    • 19th Sep 16, 8:36 PM
    Help ! Advice needed ! Overpayment Tax Credit Appeal 19th Sep 16 at 8:36 PM
    Hi. HMRC have basically said that in 2014 my husband and I earnt more than we did, they say they didn't receive my renewal (which was done online for the first time) so they used the estimated figure. I have paid the overpayment back (2k) and have appealed, the tribunal has confirmed they accept my late appeal and gave HMRC 28 days to respond and either decline the late appeal or submit their response. The 28 days have passed and despite HMRC ringing the tribunal service on day 5 to say they would be sending the paperwork in, haven't sent anything. I spoke to the tribunal service and they said because HMRC haven't replied, it now has to go back to the judge for them to decide how to proceed. Has anyone had anything similar? I can't believe how long this whole process is taking !!!
Page 1
    • Judy1234
    • By Judy1234 21st Sep 16, 11:21 AM
    • 1 Posts
    • 0 Thanks
    Judy1234
    • #2
    • 21st Sep 16, 11:21 AM
    • #2
    • 21st Sep 16, 11:21 AM
    Hello
    Sorry I cant answer your question, but I would like to know how to appeal. We have just received a letter from HMRC saying they have overpaid us by £1000 for the tax year 2015/2016. I cant believe this is possible as we only needed to claim for a couple of months (January to April) while my husband was out of work, I provided details of all income earned up to that date. They now say that we earned more than we said we did .... but as we had no income coming in I cant understand their explanation of how the over payment happened .... I do have all the paperwork they sent to us, we received different statements about every two weeks during the period of our claim. I called within 2 weeks to provide our change of circumstance. We do not have the £1000 to repay them. We no longer claim any tax credits so they cannot reclaim via deductions.
    • Darksparkle
    • By Darksparkle 21st Sep 16, 11:33 AM
    • 3,078 Posts
    • 1,915 Thanks
    Darksparkle
    • #3
    • 21st Sep 16, 11:33 AM
    • #3
    • 21st Sep 16, 11:33 AM
    Hello
    Sorry I cant answer your question, but I would like to know how to appeal. We have just received a letter from HMRC saying they have overpaid us by £1000 for the tax year 2015/2016. I cant believe this is possible as we only needed to claim for a couple of months (January to April) while my husband was out of work, I provided details of all income earned up to that date. They now say that we earned more than we said we did .... but as we had no income coming in I cant understand their explanation of how the over payment happened .... I do have all the paperwork they sent to us, we received different statements about every two weeks during the period of our claim. I called within 2 weeks to provide our change of circumstance. We do not have the £1000 to repay them. We no longer claim any tax credits so they cannot reclaim via deductions.
    Originally posted by Judy1234
    Tax credit is based on the income for the full tax year, not just the period with less income.

    You first need to check the income figures for the tax year in question and the previous tax year are correct.
    Last edited by Darksparkle; 21-09-2016 at 11:35 AM.
    • Smcandrews
    • By Smcandrews 21st Sep 16, 11:33 AM
    • 4 Posts
    • 0 Thanks
    Smcandrews
    • #4
    • 21st Sep 16, 11:33 AM
    • #4
    • 21st Sep 16, 11:33 AM
    Hey ! First of all don't worry or panic. I'll send the link to show you how to start the appeals process. They will ask for you to make some sort of contribution towards the overpayment, even if it's £10 a month. Have you got any P60s that show your income for that year? You need to collate as much evidence and documentation supporting your appeal as possible. You also need to be prepared for it taking a while. Mine so far has taken 7 months. It won't allow me to post the link but hoogle tax credit appeals and it will take you to the website.
    You can also contact the Citizens advice for advice, hope helpful good luck: !
    • Darksparkle
    • By Darksparkle 21st Sep 16, 11:36 AM
    • 3,078 Posts
    • 1,915 Thanks
    Darksparkle
    • #5
    • 21st Sep 16, 11:36 AM
    • #5
    • 21st Sep 16, 11:36 AM
    Hey ! First of all don't worry or panic. I'll send the link to show you how to start the appeals process. They will ask for you to make some sort of contribution towards the overpayment, even if it's £10 a month. Have you got any P60s that show your income for that year? You need to collate as much evidence and documentation supporting your appeal as possible. You also need to be prepared for it taking a while. Mine so far has taken 7 months. It won't allow me to post the link but hoogle tax credit appeals and it will take you to the website.
    You can also contact the Citizens advice for advice, hope helpful good luck: !
    Originally posted by Smcandrews
    An appeal may not be appropriate in this case, it may be a dispute. Or it may be correct. We need to know more first.
    • Smcandrews
    • By Smcandrews 21st Sep 16, 11:38 AM
    • 4 Posts
    • 0 Thanks
    Smcandrews
    • #6
    • 21st Sep 16, 11:38 AM
    • #6
    • 21st Sep 16, 11:38 AM
    Hence why they need to follow the process on the HMRC website..
    • Darksparkle
    • By Darksparkle 21st Sep 16, 11:39 AM
    • 3,078 Posts
    • 1,915 Thanks
    Darksparkle
    • #7
    • 21st Sep 16, 11:39 AM
    • #7
    • 21st Sep 16, 11:39 AM
    Hence why they need to follow the process on the HMRC website..
    Originally posted by Smcandrews
    They can't follow the process until they know what process to follow.

    An appeal is correct in your case because they have the wrong income for you (which I'm assuming they refuse to correct over the phone).

    If the income is correct in their case then it may be a dispute which is an entirely different process.
    • Icequeen99
    • By Icequeen99 21st Sep 16, 12:13 PM
    • 3,141 Posts
    • 2,162 Thanks
    Icequeen99
    • #8
    • 21st Sep 16, 12:13 PM
    • #8
    • 21st Sep 16, 12:13 PM
    Hey ! First of all don't worry or panic. I'll send the link to show you how to start the appeals process. They will ask for you to make some sort of contribution towards the overpayment, even if it's £10 a month. Have you got any P60s that show your income for that year? You need to collate as much evidence and documentation supporting your appeal as possible. You also need to be prepared for it taking a while. Mine so far has taken 7 months. It won't allow me to post the link but hoogle tax credit appeals and it will take you to the website.
    You can also contact the Citizens advice for advice, hope helpful good luck: !
    Originally posted by Smcandrews
    Not quite correct.

    Firstly, if the actual income figures used in the final award are correct this will be a dispute and not an appeal. Only if HMRC have the wrong annual income figures will it be an appeal.

    If it is a dispute then it is a different form. So the first thing the OP needs to do is check the final award notice that shows the overpayment and check the income figures.

    Secondly, if it is an appeal then you don't have to make any repayments on the debt because recovery is suspended when you submit an appeal.

    If it is a dispute that is sent in, recovery will continue and you will need to arrange some repayment.

    (Sorry DS - didn't see your last response)

    IQ
    • Smcandrews
    • By Smcandrews 21st Sep 16, 12:35 PM
    • 4 Posts
    • 0 Thanks
    Smcandrews
    • #9
    • 21st Sep 16, 12:35 PM
    • #9
    • 21st Sep 16, 12:35 PM
    mine was an appeal and I had to make a contribution, they said it wouldn't be suspended. Anyway, hopefully someone can help advise on my original post as that's why I have posted on here. Fingers crossed
    • skyepark
    • By skyepark 22nd Sep 16, 6:51 PM
    • 395 Posts
    • 114 Thanks
    skyepark
    I got sent two letters and i called to ask them to explain why, they couldnt , they said they would investigate and get back to me. They never did.
    • Icequeen99
    • By Icequeen99 22nd Sep 16, 6:54 PM
    • 3,141 Posts
    • 2,162 Thanks
    Icequeen99
    mine was an appeal and I had to make a contribution, they said it wouldn't be suspended. Anyway, hopefully someone can help advise on my original post as that's why I have posted on here. Fingers crossed
    Originally posted by Smcandrews
    Appeals get a suspension - they have advised you incorrectly.

    If the overpayment relates to the period between April and when they ended your payments for non-renewal then you may have some difficulty because there is a lot of legal argument needed to see if there is even an appeal right in that case under the Tax Credits Act.

    You might want to get some specialist help for your hearing.

    IQ
Welcome to our new Forum!

Our aim's to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

98Posts Today

2,134Users online

Martin's Twitter
  • If you know you're bust you must declare it asap. So no firm ever says "yes we plan to go insolvent". So you never? https://t.co/w8aIKOqHzq

  • Some people misreading... it's NOT the rumours of insolvency of the Monarchy! Its Monarch airlines (again tho I've no idea of its validity)

  • Also re #monarchinsolvency rumours it's important to state Monarch are firmly denying it... https://t.co/N27MENRjY9

  • Follow Martin