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Advice needed on Child Tax Credit Overpayments

Hi everyone.

I was hoping I could get some advice on a situation I'm going through with my Child Tax Credits.

I first applied in the beginning of September 2009 for CTC and they have only now awarded me anything.
It took me phoning every single week since October, a complaint letter from me, and a complaint letter from my MP for them to deal with it.

But now, it's all going pear-shaped again.
I recieved 2 lots of cheques from them. Each amouting to £1,443 each. Plus an amount of £1,100 go directly into my bank account.
Now, I know this a gross overpayment.
I rang them on 12th January to quiery this amount and the customer service agent I spoke to told me that the full amount (over £3,000) was correct. I asked him several times if he was sure, and he said he was.

Today, I have recieved a letter asking for their overpayment to be paid back.
Where do I stand on this?
Can I tell them no as it was their mistake? And how would I prove this?

I havent spent all the money, as I was worried they would do something like this. But a good chunk of it has gone on paying off debts that I got into whilst they took their time processing my claim in the first place.

Any help/advice that could be given would be greatly appreciated.
Thanks. :)

Lucy.

Comments

  • karenx
    karenx Posts: 4,988 Forumite
    Hmmmm strange one, maybe they meant to just make one payment which was backdated to when you first made the claim. But in error they sent 2 giros and a bank payment, and now realised their mistake!
    You do have to pay it back though, you cant just say no it was your mistake Im keeping it type of thing! IF you have the money then just pay it back, if not I think they will just take it from future payments.
  • I feel for you.I too had payments allsorts of problems I have been told over the phone & also a notice from them that they owe me 6,000
    Also had demands for overpayment who knows,The mind boggles.
  • djbum_syd
    djbum_syd Posts: 140 Forumite
    Yes. I wasnt sure wether I could say no to paying back. I rang them and asked if the 2 lots of cheques and back credit was correct and the guy said yes. So its that classed as their mistake? Because I verified it with them.
    Not sure what to do. I still have some of the money, so I can pay that back if I need to. But the rest they'll have to take from future payments.
  • mitchaa
    mitchaa Posts: 4,487 Forumite
    edited 29 January 2010 at 6:27PM
    Lucy, with all due respect did you seriously think that you were due a payment of near enough FOUR THOUSAND POUNDS?

    Im sorry but claiming ignorance is not a get out clause, you knew fine well that this level of payment for such a small period of 4mths was extravagant.

    If you had bothered to look on the government website to determine what you would have been entitled to, you would have found that the child tax credit award for 1 child is.

    £545pa family award
    £545pa baby award
    £2235pa child element (depending on household income)

    http://www.hmrc.gov.uk/rates/taxcredits.htm

    So that would be £3325 for the whole year if fully entitled. You however got £4k after 4months. I suspect the £1100 payment was correct and the 2 cheques of £1443 were not. (£3325/12 x 4) I take it you now owe around £2900?

    Were alarm bells not ringing? Did you not carry out research as to what you were entitled to beforehand? Sorry, but it's upto the claimant to do this kind of work. I hate threads like these blaming HMRC for overpayments but having failed to carry out basic research work themselves. It's a little thing called personal responsibility.

    Yes, you will need to pay it back. You were not entitled to it, you spent it, and it's caught up with you.

    Sorry for being so blunt but come on you are an adult, not a child.
  • Can i just say to the OP that this has happened to me to. Like you i queried .....3 times in fact when my son started an HNC It was only after someone on here told me i shouldnt be getting ctc for him and i called them back told them about this website and they then stopped the money. I owe them 800.

    You can dispute it with them, apparently all calls are recorded. Im not saying you wont have to pay it back but dispute it......write to them and keep fighting because i will be doing just that as well.

    To the person who said basically it was the OPs own fault....they queried it, im assuming they dont work for HMRC so how would they know wether it was right or not. It is up to us to provide the correct information, not to work out what we are entitled to. If that was the case just cut out the middle man, work it out, phone them up and tell them you already know what you should get........I dont think it works like that.

    I had to reply here as i have been in the situation not just once either and we come on here for help not to be spoken down to.

    I hope you manage to work something out OP.
  • mitchaa wrote: »
    Lucy, with all due respect did you seriously think that you were due a payment of near enough FOUR THOUSAND POUNDS?

    Im sorry but claiming ignorance is not a get out clause, you knew fine well that this level of payment for such a small period of 4mths was extravagant.

    If you had bothered to look on the government website to determine what you would have been entitled to, you would have found that the child tax credit award for 1 child is.

    £545pa family award
    £545pa baby award
    £2235pa child element (depending on household income)

    http://www.hmrc.gov.uk/rates/taxcredits.htm

    So that would be £3325 for the whole year if fully entitled. You however got £4k after 4months. I suspect the £1100 payment was correct and the 2 cheques of £1443 were not. (£3325/12 x 4) I take it you now owe around £2900?

    Were alarm bells not ringing? Did you not carry out research as to what you were entitled to beforehand? Sorry, but it's upto the claimant to do this kind of work. I hate threads like these blaming HMRC for overpayments but having failed to carry out basic research work themselves. It's a little thing called personal responsibility.

    Yes, you will need to pay it back. You were not entitled to it, you spent it, and it's caught up with you.

    Sorry for being so blunt but come on you are an adult, not a child.


    can i just say i think this is a bit harsh the op has said she queried it and was told that it was correct what was she supposed to do keep ringing them until they took the money back??
  • Something must have happened between getting the payments and then getting the overpayment letter.

    Did you fill out the form incorrectly then make corrections after you had received the payments?

    The helpline adviser can only confirm the payments are correct in accordance with the details you put on the form.

    If you don't know how the overpayment happened you should find out the reasons to ensure the same mistake is not made again. If TCO were at fault you may not have to pay back some or all of the overpayment if you successfully dispute.
  • boltonangel
    boltonangel Posts: 1,018 Forumite
    If you filled all the details in correctly on the forms then I would take it up with your MP.

    They overpaid us about 5 years ago after I too rang up to confirm the amount was correct and they said yes. This call was used as proof that it was THEIR mistake not mine. It was a few hundred pounds not £4k but the same stupid tax credit system.

    I'd give it a go anyway! :)
    Lead me not into temptation, I can find the way myself.

    wins - peroni bottle opener, peroni bowl, peroni coastersx2 and a vodkat cocktail kit,
    would love to win something 'proper'!!
  • djbum_syd
    djbum_syd Posts: 140 Forumite
    First and formost: mitchaa, please read comments carefully before putting your input in. I rang them asked if they were correct as I knew it was too much. They told me it was correct. So before you try to have a pop, get all your facts right.

    Secondly.
    Thank you to everyone else for your very helpful replys.
    I've emailed and written TC a letter (sent recorded delivery of course, lol), so will wait for a reply.
    I had filled in the form correctly as far as I am aware. Everytime I rang them I asked if any more information was needed, and I was told no. My award notice and the info alongside it appears to be correct, so I have no idea why it took them so long.
    Mistakes were deffinatly made somewhere, I just hope to sort it out one way or another.
    Thanks again everyone. :)
  • I did research into what I was owed, thank you.
    Hence why I knew it was wrong and was way overpaid.
    They told me it was correct. That was their mistake, not mine.
    I knew I would get them calling for it to be paid back. So I am now sorting it.
    I am also quite capable of filling out a form correctly - hence, again, why no more information was needed from me by TC.
    The apologetic letter my MP recieved from them explains all that.
    I havnt spent all the money either. Another thing you failed to get correct even after I wrote my story.
    I'm not claiming Child Tax Credit through choice. I'm not an out-of-work, single mother by choice. And I have paid my taxes like everyone else, so in times of trouble I should get extra help.

    After reading some of your previous threads, I found you are very argumentative and sometimes insulting.
    Maybe being rude is something best left off these forums? I am sure you are not so high up on that pedestal as you like to think you are.
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