Child benefit/ctc overpayment - HELP!

Umm_Yoosha

I have a quick question regarding child benefit/ctc overpayments.

Back around November 2010 I recieved a letter stating I had been overpaid for child ben. Then around the same period a similar letter about ctc. I called to sort out the problem with child ben. and ended up agreeing to repay monthly. However, I didnt pursue the second letter (about ctc overpayment) but they chased me up a few weeks ago.

I recently found out that I could have requested an explanation for the overpayment and if the mistake in overpayment wasnt mine then the debt should have been written off. So my question is:

1. how do I proceed?
2. can I call them back up and get the debt written off?
3. how shall I proceed with the ctc overpayment letter?

AnxiousMum

You're asking about having it written off......was it their fault?
Was the fault you continued to be paid child benefit the fault of the Child Benefit department?
Was the fault you continued to be paid Child tax credit the fault of the CTC? Or......did you forget to notify them both of a change in circumstances? What is the reason for the overpayment?

Umm_Yoosha

"You're asking about having it written off......was it their fault? "
Its their fault for both CB/CTC.

They said the reason for the overpayment was because of a change of circumstances (for both CB and CTC). We definately notified them of the change in our circumstances - to which they said the payments would automatically stop (on a designated date). However, they still continued.

"Was the fault you continued to be paid child benefit the fault of the Child Benefit department?"
Yes.

"Was the fault you continued to be paid Child tax credit the fault of the CTC? Or......did you forget to notify them both of a change in circumstances? What is the reason for the overpayment?"
Their fault... we notified them more than once and when asking if records/files would be updated they assured us that they would.

Umm_Yoosha

How do I proceed anyone? This is quite worrying/stressful?

AimeesMum_2

Umm_Yoosha wrote: »

How do I proceed anyone? This is quite worrying/stressful?

If the payments were supposed to stop on a designated date...did you inform tax credits that you were still getting them?

Umm_Yoosha

Yes, I called them when I saw that the payments were still coming through. They said it was on their system and it would stop automatically and i didnt need to call them or take any further action.
(for both ctc and cb.)

Umm_Yoosha

is there a guide on this site? Read through a few things (including a sticky) but nothing seemed to cover it.

nannytone_2

the fact that there was a delay on their system makes no difference.
if youre having to make monthly payments then i assume you spent the money you received after the designated date?
that makes you totally in the wrong!
you spent money that you KNEW you werent entitled to.
you have no case to have this debt written off. if you hadnt spent money that didnt belong to you, you woullsnt have an overpayment.

AimeesMum_2

Agree with Nannytone on this one. It is extremely unlikely they will write the debt off. You should have put the money into a savings account as you knew you weren't entitled to it and when they came knocking (which they always do!) you would be in a position to pay it back x

lauzellen

I've had problems with tax credits where my update got stuck - I didnt know until I got the extra payment so I rang them up straight away and they processed it there and then. I did get an overpayment but just kept the money separate in another account to top up the reduced weekly child tax credits. I would urge everyone to do this as it can put people in financial trouble when they take overpayment back via your award or demand it back in full if no longer entitled if you just spend it.

Umm_Yoosha

Thanks for all the advice.

However, I think some people need to be careful about what they say (and how they say it) as I dont appreciate being replied to in a way which comes across as being told off like some sort of criminal (besides sounding harsh and condesending).

Remember, we're talking to absolute strangers here (who we know far too little about to be able to communicate in a particular tone so suddenly). I myself in particular am a newcomer and would expect to be dealt with far better (rather than being put off this forum). Isnt it wise to use good manners with each other? The purpose of these forums are to help each other afterall.

Getting back to the original issue then. It was an honest mistake... not a calculated, premeditated crime. If someone at the benefits office had the ability/experience to explain the situation correctly (and not poorly advise me that the payments will automatically stop and not to chase us up any further) then of course we would been able to sort things out.

Please also bear in mind that we left the country for a few months, came back and restarted our claim which adds to the confusion.