Tax Credits Overpayment...how to fight it??

tax_credit_frustrations

Hi,

After years of claiming tax credits since they were introduced my frustrations have got to the better of me. Without fail I have been overpaid every year despite keeping the TC office informed of any changes in circumstances.

I have always repaid these overpayments until my claim of tax year 07/08 and 08/09 where they have in total managed to overpay me £2,803.51 through no fault of my own, various checking with them over the phone that my payments are correct and that I won't receive anymore overpayments.

I have went down the normal course of action of completing the dispute form and receiving back the letters saying nope you still have to pay it back....I've now done this a couple of times for the 07/08 claim and just once so far for the 08/09......I intend to write a letter of complaint regarding the advice and delay in being notified of these large overpayments.

Has anyone managed to have overpayment amounts reduced of successfully had the TC office drop the overpayments.....is my fight worth continuing...anyone with any hints and tips????

I'm a single parent with 2 kids and my tax credits cover my childcare every month. Without them I would be a single mum on benefits though as it is I do ok with my own home no debts apart from this and I work hard at progressing my career so hopefully I get to a stage where i won't rely on claiming tax credits.

Cheers in advance for any help and advice

Emma

pingua

If you do a quick search on here on tax credit overpayments, you should come across a link for another site within one of the posts. This site which I can't remember the name of will be the one to help.



Perhaps someone will be along to give you the name.

Good luck with it all !!!!!!!!!!!

clairehi

Keep going!!! If you have given them the correct information and they have still overpaid you, it is possible to write off the overpayment (from my own personal experience).

Have a look at this website, they have step by step instructions on what to do.

www.taxcc.org/

I got my case resolved in the end by writing to my MP, using a template from the above site. There is a special MPs hotline at TCO so any complaint coming in from an MP gets fast tracked.

Good luck!

Kimberley

Claire is right. I had an overpayment written off. I argued that if they can make the mistake in the first place then how am I supposed to inform them that they have. If it is their mistake then you should appeal.

[Deleted User]

If it was so clearly their fault it would have been written off by now. Unless you haven't disputed clearly enough - you need to make sure to be very clear on what grounds you are disputing.

The most 'popular' reason for disputing is "I always kept you up to date" but this is not neccessarily true. If you declare your income has gone up, you can tell TCO - great! But if you tell them once they have already overpaid you it makes no difference as they will still want the money back.

This is not neccessarily directed at you as you havent given the actual reasons but overpayments are NOT always the fault of TCO.

Have you been provided with a full explanation as to how it happened?

If not, call up and request a written breakdown.

tax_credit_frustrations

The reason for both overpayments is for going from a single to a joint claim, then from a joint to a single. In both cases I told them on time either on the day of the change or a day or 2 after the change. for the 2007/08 overpayment I was advised at the time I would likely be overpaid by a day or 2, so I budgeted a bit extra expecting the overpayment to be a maximum of £100-200 however got the shock of my life when it came in just under £2k.

In both cases the change was made mid tax year and the ended that claim there and then starting a new one. So can't understand how it is possible to have such huge overpayments more than I receive on a 4-weekly basis.

[Deleted User]

I would hazard a guess that you and/or your partner may not have complete an annual renewal declaration for the ceased claims which would have resulted in an overpayment from the start of the tax year.

If you still have the paperwork can you check the dates? You would be looking for the "period ending" date.

tax_credit_frustrations

subsoniccoyote wrote: »

I would hazard a guess that you and/or your partner may not have complete an annual renewal declaration for the ceased claims which would have resulted in an overpayment from the start of the tax year.

If you still have the paperwork can you check the dates? You would be looking for the "period ending" date.

Nope def completed the annual declarations for all individual claims, I'm careful at checking all paperwork I receive from taxt credits and actioning anything I have to.

clairehi

subsoniccoyote wrote: »

If it was so clearly their fault it would have been written off by now. Unless you haven't disputed clearly enough - you need to make sure to be very clear on what grounds you are disputing.

The most 'popular' reason for disputing is "I always kept you up to date" but this is not neccessarily true. If you declare your income has gone up, you can tell TCO - great! But if you tell them once they have already overpaid you it makes no difference as they will still want the money back.

QUOTE]


Op - please dont give up, despite this post!

Of course they "want the money back" but if you can prove you updated them and they STILL overpaid you, the money may be written off.

Speaking from personal experience here.

[Deleted User]

Op - please dont give up, despite this post!

Of course they "want the money back" but if you can prove you updated them and they STILL overpaid you, the money may be written off.

Speaking from personal experience here.

Could you explain what you mean by "despite this post".

I am offering advice. The 2 most common causes for overpayments when people have switched between joint/single claims are - a) late notification and b) not completing the declaration for the old claim.
From what the OP said it seems that it is not due to late notification so I "hazarded a guess" for the reason. The OP has not given the reason why TCO have overpaid her and I also stated in a previous post to request a written explanation.

I think you have mis-read my post due to your own personal experience with TCO.

If the OP can prove she was not at fault they can remit the overpayment. Notfying TCO of changes is not always enough as you need to make sure to tell them quickly and give them accurate information.

OP, have you asked how you were overpaid? What reason were you given? You need to make sure to dispute using detailed evidence if required. If you were given incorrect information on the phone you would be best to sumit a Subject Access Request to get a copy of the calls you made. That way you can pin-point what information you were given that was incorrect.

leveller2911

The whole "tax credits" system is a nightmare.We have also had "overpayments" the largest one which they told us about dates back to 2004-5.We have had to get copies of our bank statements for the last 8 years so we could check the amounts we actually received.

Our problem is I am self employed and tax credits are based on your previous years earnings.The overpayment arose when I had a "good year".My books this year went in to the accountant in April, then to the tax office at the beginning of June and my accounts were finalised by the TO 1st week in October.This is crazy,it shouldn't take that long.The TCO say we can "Estmaite" the figues but If thats wrong and we don't get the figures back from the HMRC we are possibly then overpaid again.

The system is not fir for purpose, what was wrong with "married mans allowance"? it was run by HMRC and done through the tax codes.

We were so !!!!ed off we haven't filled the forms out for the last 3 years(yes I know we should have,but through frustration we didn't). Not received a penny in those years but that hasn't stopped them telling us we have been overpaid in 08-09 by £200-00, even though they haven't paid us a single penny.......

Oh and talk about being pushed from pillar to post on the phone.............. rant over..........good luck OP :rolleyes: