Tax credits overpayment question?

pooky73

Hi I am new here but need some advice please if you can

In 2007 - 2008 I was overpaid by tax credits to the tune of £5000, it came about because I returned to work and renewed my claim both at the same time and added childcare to the claim. However unknown to me the person on the phone had put a balance of £0 where my husbands wages should have been!! So I was getting the maximum entitlement I did think it was a lot but as I had renewed on the phone and been 'talked through' the renewal process I assumed it was correct. I have asked (and recieved) a transcript of all my phone calls to them and am clearly heard asking them to talk me through the whole claim and also telling them my husbands wage figure.

They however are saying that because when the paperwork came through I didn't realise my hubbys figure was £0 it was my fault and I will have to pay it back so they have taken my whole tax credits allowance back now to pay it leaving me recieving zero.

Should I appeal and quote the transcript where I clearly say my hubbys wage and say its their fault or should I just hold my hands up and say 'oh well i was overpaid'?

Sorry for the long post

Please advise

System

You can appeal but you will lose.
After you gave TCO the details over the phone they sent you an award notice which would clearly have shown that your husbands income was incorrectly input as zero.
Award notices include a separate paper to help you check that the award is correct. It has a series of questions and tick boxes and you are expected to use that and then report any errors as soon as possible.

One thing though, you can negotiate with them to reduce the amount they are recovering from your current award. Effectively you would pay it back over a longer period.