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HMRC refuses to refund PAYE overpayment - Advice please
AJB101
Posts: 30 Forumite
in Cutting tax
At the end of my tether with HMRC and can't see any other way than Small Claims action... unless you know better?
Today they claim that it's 'complicated' by my BR in March 2009 (dischared March 2010) but the Trustee has confirmed that it's from earned income after my BR and not relevant.
My 2009/10 P60 shows an overpayment of £712 (as a result of a D0 code) when I started work. Having been unable to get through by telephone, I wrote to HMRC requesting the repayment and, although not in receipt of written confirmation, a telephone call subsequently acknowledged a refund due.
Despite writing and numerous calls, HMRC have consistently refused to make the refund or to adequately explain what action they are taking to expedite my claim.
They are also aware that my PAYE income is from a p/t job, that this is a significant sum for my finances and that the delay is causing stress and hardship (I have been unable to take my son on holiday over the summer, have had to borrow money for school uniform and have road fund licence due).
HMRC define the turnaround time for refunds as 4 weeks (as of today this has been ongoing for 19 weeks)
Is it reasonable to claim compensation, since they've met none of their undertakings too?
Today they claim that it's 'complicated' by my BR in March 2009 (dischared March 2010) but the Trustee has confirmed that it's from earned income after my BR and not relevant.
My 2009/10 P60 shows an overpayment of £712 (as a result of a D0 code) when I started work. Having been unable to get through by telephone, I wrote to HMRC requesting the repayment and, although not in receipt of written confirmation, a telephone call subsequently acknowledged a refund due.
- In May 2010, a telephone call to the enquiry centre confirmed my letter had been received and I was given the explanation that processing would be towards the end of June.
- On 27 July 2010 I called again to be informed that I would receive a call back within 5 working days; this did not happen.
- On 11 August 2010 I called again to request the refund of the PAYE and to explain I had not received the call back. Again, I was informed that I would receive a call back within 5 working days. At this point I raised a formal complaint and explained that I would raise a court action to recover the overpayment if it was not forthcoming.
- On August 20 2010, I called again to request the refund of the PAYE and to explain I had not received the call back.
Despite writing and numerous calls, HMRC have consistently refused to make the refund or to adequately explain what action they are taking to expedite my claim.
They are also aware that my PAYE income is from a p/t job, that this is a significant sum for my finances and that the delay is causing stress and hardship (I have been unable to take my son on holiday over the summer, have had to borrow money for school uniform and have road fund licence due).
HMRC define the turnaround time for refunds as 4 weeks (as of today this has been ongoing for 19 weeks)
Is it reasonable to claim compensation, since they've met none of their undertakings too?
Remember:
Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.
Dale Carnegie
Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.
Dale Carnegie
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Comments
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I can't help as to your answer, but I've been waiting 21 weeks so far for my refund. I know it has gone through to be issued now, but it was as a result of calling, calling, calling and pestering. It has been a real annoyance.
I hope you get it sorted.
KiKi' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".0 -
Write a formal complaint addressed to the District Inspector at your tax office and head it "formal complaint". Briefly summarise the situation as you have in your post. It's the only way to by-pass the ridiculous call centre mentality and get some direct action from staff who know what they're doing and can actually "do" something rather than just pass on messages to others. Not only will it get action in your case, it will also be formally logged which can only be a good thing to highlight the sheer incompetence of HMRC and help put pressure on them to improve what they laughingly call their "service". Formal complaints are already at a record high so hopefully, eventually, steps will be taken to remedy their poor service as they can't ignore high levels of complaints for ever. Complaining to the call centre staff won't do any good - probably not even logged or recorded so just a waste of breath really.0
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HMRC no longer have district inspector's. They went a long time ago. Normal rules are, no repayment to be made in the year in which you were made Bankrupt. If any repayment is due, then it is offered to the Offical Rec, if he is not interested in it then it is next offered against any Crown debts. If neither parties want it, then it can be repaid to you. Unfortunately, this is a long drawn out process as all departments have huge volume of post on hand.
Ex HMRC dealing with PAYE/SA/BANKRUPTCY0 -
Write a formal complaint addressed to the District Inspector at your tax office and head it "formal complaint". Briefly summarise the situation as you have in your post. It's the only way to by-pass the ridiculous call centre mentality and get some direct action from staff who know what they're doing and can actually "do" something rather than just pass on messages to others. Not only will it get action in your case, it will also be formally logged which can only be a good thing to highlight the sheer incompetence of HMRC and help put pressure on them to improve what they laughingly call their "service". Formal complaints are already at a record high so hopefully, eventually, steps will be taken to remedy their poor service as they can't ignore high levels of complaints for ever. Complaining to the call centre staff won't do any good - probably not even logged or recorded so just a waste of breath really.
District Inspectors disappeared about 10 years ago. There is no way of bypassing the complaints procedure either. All calls to the call centre are recorded and can be retrieved if required.0 -
My Trustee says this wouldn't apply because it was earned income and the deductions were the result of the wrong tax code - any thoughts?
(Rhetorically) Why hasn't anyone from HMRC told me any of this?!?
In the meantime, I've requested a face-to-face meeting and I'll just submit the Small Claims action and see where that goes.HMRC no longer have district inspector's. They went a long time ago. Normal rules are, no repayment to be made in the year in which you were made Bankrupt. If any repayment is due, then it is offered to the Offical Rec, if he is not interested in it then it is next offered against any Crown debts. If neither parties want it, then it can be repaid to you. Unfortunately, this is a long drawn out process as all departments have huge volume of post on hand.
Ex HMRC dealing with PAYE/SA/BANKRUPTCYRemember:
Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.
Dale Carnegie0 -
I can't help as to your answer, but I've been waiting 21 weeks so far for my refund. I know it has gone through to be issued now, but it was as a result of calling, calling, calling and pestering. It has been a real annoyance.
I hope you get it sorted.
KiKi
Sounds like you need as much luck as I do! thanks anyway.Remember:
Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.
Dale Carnegie0 -
Has your Tustee's informed HMRC this? If so thats all HMRC need, if they wrote and told HMRC this then Im afraid it will be stuck in the back log of post. I have friends that still work there and they just can not keep on top of it all. Theres at least 4 months of a back log of post. the only other option is to get your Trustee's to write you a letter stating they are not interested in the repayment and then fax it to HMRC. Please dont blame the staff its the system and red tape, they are as equally as frustated as you. With more staff cuts to come it will only get worse. Chin up, you should get your repayment eventually.0
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Sorry to hear about your HMRC issues, I had problems last year with HMRC miscalculating my refund and then not acknowledging that they were wrong (I even broke down my income and tax payments in a letter linking this to my tax code!). In the end I got my MP involved, and he was able to get the ball moving, might be worth getting them involved, without his help I dont think that it would have been sorted. :beer:0
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The HMRC aren't refusing to repay you, they are just taking their time about it - which is nothing new. By all means get flustered, waste money on calls chasing, writing complaints etc, but it's just the system and the way it works.
I would say you'll probably get paid in the next 6-8 weeks or so.0 -
Contact HMRC (complaints) and ask them to send an internal e-mail to the relevant dept. - this sometimes speeds things up0
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