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working tax credit overpayment

can anyone help . We have been over paid by working tax credit and no matter how i try to explain to them they dont believe it was not our mistake we can not win,after many letters we gave in and agreed to pay it back at approx 85 pound per month ( CANT REMEMBER EXACT FIGURE SORRY) now my partner is out of work again and we have had to cancel the agreement with them I have written on three occasions regards the overpayment and have enclosed an income and out going sheet showing them we do not have any funds available to pay them and told them we have financial hardship,but they want us to pay them back within 12mnths £3128.66 they say we owe , I have written again sent it recorded and just received another letter saying we must pay it back but they will contact us in due course to say how much and over how long,what do we do we havent got any spare money we are just about going to cover our living needs ie mortgage gas electric etc , we have written to all our other debtors and they have agreed reduced amount so we can cope,but with what we have got to pay out it dont leave any spare money,can anyone advise me what to do :question::question:

Comments

  • missminx
    missminx Posts: 947 Forumite
    How did they end up overpaying you? I have had several disputes with them and they are a nightmare. You will need to appeal in writing first of all, and if they won't listen speak to your MP. If they are in the wrong you shouldn't let them do this to you.

    They have made this system useless as nobody can calculate what they should be getting, and therefore don't know if they're being paid correctly. When it first began, you could work it out to the penny.

    Lastly, they can't force you to pay what you haven't got - they are menat to take reasonable payments. they are not supposed to leave you in financial hardship, so don't give up yet.
    Still looking for the plot...... Anyone seen it???
  • my friends payment demand was for £26,000 she phoned up and they postponed trying to recover anything for a year
  • NickyBat
    NickyBat Posts: 857 Forumite
    They are an absolute nightmare, my advice would to contact your MP asap and ask them to help, government departments will jump through hoops when an MP's letter is received.
  • lah
    lah Posts: 19 Forumite
    Thanks for all your messages sorry to ask but how do I find out who is my MP and how do I contact him or she thank you
  • NickyBat
    NickyBat Posts: 857 Forumite
    Either your local council website or google it.
  • Orville
    Orville Posts: 1,906 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker PPI Party Pooper
    my friends payment demand was for £26,000 she phoned up and they postponed trying to recover anything for a year

    Your friend was overpaid 26k...? How did that happen..?
  • Nothing makes my blood boil like a tax credits dispute! I spent three years arguing one and the only reason I won was that I hadn't been overpaid in the first place (they said they wanted the money back as I hadn't done my annual claim form which I had and eventually proved). But I digress........! I would wait and see what they come up with repayment wise and then appeal if its not viable. I had a lot of support from my mp so would recommend you get them onside. There is also a tax credits appeal site which stopped me from going completely mad with the stress of it all.
    TRYING VERY HARD TO START SAVING!
    :j:j:j:j:j:j:j:j:j
    Sealed Pot Challenge 4 no:1079!!!!! Target £250
  • lah
    lah Posts: 19 Forumite
    Hi I have had a reply from the tax credit people and they are still asking for full repayment I have asked to appeal and they have said there is not appeal system available,is this true an anyone help or give me the address of the appeal panel,still is all because we didn't know there are two different sorts of JSA one is contribution based and the other is just JSA , How many more people knew that there is two sorts because we didn't my partner never been out of work in 28yrs so how is he suppose to know HELP THERE ARE DRIVING ME CRAZY
  • enabledebra
    enabledebra Posts: 8,075 Forumite
    There is no right of appeal against a decision to recover an overpayment. If you agree that the overpayment has happened but think you shouldn't have to pay it back because it was their error, to challenge recovery you need to use the 'dispute' process- http://www.hmrc.gov.uk/taxcredits/things-go-wrong/overpayments/dispute.htm

    If you agree you should pay it back but want more time/lower repayments due to financial hardship call the Payments Helpline on 0845 302 1429.

    If you disagree that an overpayment has occurred (eg you think you were entitled to the Tax Credits paid) you can use the appeals process. http://www.hmrc.gov.uk/taxcredits/things-go-wrong/complaints-appeals/appealing.htm
  • lah
    lah Posts: 19 Forumite
    HI SORRY TO BE A PAIN BUT I HAVE APPEALED AND THEY ARE SAYING WE SHOULD HAVE KNOWN THE DIFFERENCE BETWEEN TO TWO IE CONTRIBUTION JOB SEEKERS AND JUST JOB SEEKERS WE DIDNT HONEST WE JUST READ THE AWARD AND THROUGH ALL WAS WELL WHAT DO WE DO HELP PLEASE :eek::
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