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Another tax credit querie

Oh dear, just been reading some of the stories from other posters - not looking so good then.

We received the 'alledged' over payment notice in 2005 after the application, along with several demands for repayment. Once I wrote and pointed out we had not given any incorrect information etc and also just how much distress was being caused by the letters sent to us we received a letter back saying 'this was our error, you will NOT be required to pay back'. We then received a notice telling us we will receive no money for 2005/06 due to having to pay back what we owe:confused: I just had not got the energy to fight anymore and decided to struggle on without it.
When the new forms were completed in April 06, we received the same telling us '0' award due to paying back an overpayment. This time I decided to fight, I finally found how to download the dispute form and off it went with a copy of their letter admitting responsibily for the error.
Four weeks later (this week) I get a letter back saying they will investigate the claim, and stop the award while they do (that will be a mean feat as they give me ****** all anyway).

How can they investigate anything when it clearly says in their own letter it was their fault, so why am I still having to pay back?

What do I do next? I have been to sign the petition mentioned in the sticky thread already.

I had hoped to get the money back so I can pay off the gas arrears that is steadily climbing due to the hardship - from reading experiences from others not looking very likely is it?

Jaja

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it deffinetly an admission on their part ?, I ask as some letters state words to the effectof 'you will not have to pay back if it was their error AND you could resonably expect the award to be correct'.
    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.
  • jaja_3
    jaja_3 Posts: 130 Forumite
    Thank you.

    I have just dug out the letter, it reads as follows;

    Dear ******

    You asked us to look again at how your tax credits overpayment of £1660.99 for the above tax year arose and to consider whether we should ask you to pay it back.

    We have done this and decided the whole amount arose from an error on our part and so you will not be asked to pay it back. We are sorry for our mistake. If we have already recovered any of this amount, we will refund what you have paid.

    Yours sincerely

    Tax Credit Office


    Looks plain enough to me?? but I am aware they seem to follow a different script to the rest of us:confused:

    jaja
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It looks like a cast-iron admission to me, and as long at they are talking about the same overpayment then you shouldn't have anything to pay back.

    If you dont get any luck, contact your MP and give them a copy of the letter.
    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.
  • jaja_3
    jaja_3 Posts: 130 Forumite
    Thank you again.:beer:

    Will try the MP next week then - I think they have had long enough now, I have been bleating on to them since April and just been ignored until I discovered the dispute section.

    Will update for others if I make any progress.

    jaja
  • pink_phantom
    pink_phantom Posts: 733 Forumite
    They aren't talking about an overpayment for different award periods are they? I mean, the money that they are taking back off you now isn't for a different period is it?
    Wildly my mind beats against you, yet the soul obeys. :heartpuls

    Murphys "No more pies club" member #70


    Vivit post funera virtus
  • jaja_3
    jaja_3 Posts: 130 Forumite
    Thanks Pink Phantom,

    No its the same one. The letter states 2004/2005 which was why I received no credits for 2005/2006, then they used the same reasoning as I alledgedly still owe half from that year and therefore am entitled to nothing till 2007 - is what the award print outs stated (of which hubby and I received 2 each, that was FOUR lots of post stating the same thing)

    I have emailed my MP to see if I can get the ball rolling, decided I had waited long enough really.

    jaja
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