HMRC tax credit overpayment demand

Icequeen99

thelaststraw wrote: »

its not looking good then ?

Not in my view from what you have posted. I have dealt with hundreds of disputes, with an extremely high success rate. But that is because I choose which ones to fight, and therefore a lot of them I wouldn't represent someone on because i know it won't be written off.

However, what I always say to people in those cases is that it costs nothing to dispute and there is always the chance that something will come up that gets the overpayment reduced or written off or you may just hit upon a staff member who has empathy and writes it off even though it wouldn't be under strict application of the guidance. So I encourage them to do it themselves.

IQ

thelaststraw

Icequeen99 wrote: »

Not in my view from what you have posted. I have dealt with hundreds of disputes, with an extremely high success rate. But that is because I choose which ones to fight, and therefore a lot of them I wouldn't represent someone on because i know it won't be written off.

However, what I always say to people in those cases is that it costs nothing to dispute and there is always the chance that something will come up that gets the overpayment reduced or written off or you may just hit upon a staff member who has empathy and writes it off even though it wouldn't be under strict application of the guidance. So I encourage them to do it themselves.

IQ

thank you for being honest. I will try and persue it, but also have in the back of my mind that it will be a long shot. If/when I have no more avenues to go down, will HMRC still look at options to pay this weekly/montly as apposed to the one off payment that they are demanding now ?

Jo-jo

This happened to us, salaries entered as zero & an overpayment issued. What I suggest is that you call them & request a transcript of the conversations on CD, it takes about a month to get it. Find the bit where you told them you earnt zero (it won't exist) then take the matter to your MP.

After 6 years of battling, they wrote ours off after the MP wrote to them after listening to the CD's. We'd kept the money aside ready to re-pay, I guess you didn't? They told us we couldn't just send a cheque back, it had to done as an adjustment over the next award periods until it was recovered and I have it on CD, being told to put it in the building society & earn interest off it!!!!

I understand that if you can prove the problem started with their incompetence, it goes in your favour, unless that's changed in the last 2 years.

Good luck

thelaststraw

Jo-jo wrote: »

This happened to us, salaries entered as zero & an overpayment issued. What I suggest is that you call them & request a transcript of the conversations on CD, it takes about a month to get it. Find the bit where you told them you earnt zero (it won't exist) then take the matter to your MP.

After 6 years of battling, they wrote ours off after the MP wrote to them after listening to the CD's. We'd kept the money aside ready to re-pay, I guess you didn't? They told us we couldn't just send a cheque back, it had to done as an adjustment over the next award periods until it was recovered and I have it on CD, being told to put it in the building society & earn interest off it!!!!

I understand that if you can prove the problem started with their incompetence, it goes in your favour, unless that's changed in the last 2 years.

Good luck

Thanks for that Jo-Jo. I asked yesterday for a copy of the telephone conversations. (at least I get another month to put it at the back of my mind)

Icequeen99

Jo-jo wrote: »

This happened to us, salaries entered as zero & an overpayment issued. What I suggest is that you call them & request a transcript of the conversations on CD, it takes about a month to get it. Find the bit where you told them you earnt zero (it won't exist) then take the matter to your MP.

After 6 years of battling, they wrote ours off after the MP wrote to them after listening to the CD's. We'd kept the money aside ready to re-pay, I guess you didn't? They told us we couldn't just send a cheque back, it had to done as an adjustment over the next award periods until it was recovered and I have it on CD, being told to put it in the building society & earn interest off it!!!!

I understand that if you can prove the problem started with their incompetence, it goes in your favour, unless that's changed in the last 2 years.

Good luck

If you put the money aside, then I presume you knew HMRC had made a mistake and told them about it.

That is where the OP might find it more difficult. Where people don't tell HMRC they have made a mistake or notice that there is a mistake is where it is difficult to have it written off.

IQ

thelaststraw

Icequeen99 wrote: »

If you put the money aside, then I presume you knew HMRC had made a mistake and told them about it.

That is where the OP might find it more difficult. Where people don't tell HMRC they have made a mistake or notice that there is a mistake is where it is difficult to have it written off.

IQ

This is why it is so frustrating. You call HMRC as soon as changes are made to income and then I expect them to do their bit. When the award notice arrives, i dont know if it is correct or not, I have good reason to belive the payments are correct. I checked the award notice every year and could not tell if there were mistakes, I would not know what to look for. I simply did not know we were being overpaid. On one occasion we did identify a error (which was obvious) and told them about it. This is mentioned in their letter last week, but we still have to pay back the overpayment from that period. I understand "IQ" that it would probably only mean a minimal reduction, but any reduction would be welcome with the amount they say we owe them.
I still belive that the overpayments were their fault in that they failed to act on the information I gave them regarding the changes in circumstances.

thelaststraw

This maybe clutching at straws, but I have just read a bit about "exceptional circumstances".
In 2009 I was involved in a serious incident at work and sustained a permenant injury. This is the reason why my salary has dropped. Could I use this as an "exceptional circumstances" option, if they say I have not acted on the award notice (clutuching at straws ..... as I said)

Icequeen99

thelaststraw wrote: »

This maybe clutching at straws, but I have just read a bit about "exceptional circumstances".
In 2009 I was involved in a serious incident at work and sustained a permenant injury. This is the reason why my salary has dropped. Could I use this as an "exceptional circumstances" option, if they say I have not acted on the award notice (clutuching at straws ..... as I said)

Yes, if the accident happened around the time of the award notice you can certainly try. However, if you are on a joint claim the standard answer from HMRC is that they accept you had exceptional circs for not meeting your responsibilities but your partner could have done it. So in your letter you need to explain your partner's exceptional circumstances as well.

Also, the fact that you made some contact (ie to report the salary fall) does suggest you were able to deal with the tax credits.

I have mainly used this argument when people have not taken any action as a result of say a cancer diagnosis or mental health breakdown.

IQ

princessdon

If they had underpaid you - would you have noticed from the award?

pmlindyloo

Icequeen99 wrote: »

Not in my view from what you have posted. I have dealt with hundreds of disputes, with an extremely high success rate. But that is because I choose which ones to fight, and therefore a lot of them I wouldn't represent someone on because i know it won't be written off.

However, what I always say to people in those cases is that it costs nothing to dispute and there is always the chance that something will come up that gets the overpayment reduced or written off or you may just hit upon a staff member who has empathy and writes it off even though it wouldn't be under strict application of the guidance. So I encourage them to do it themselves.

IQ

I agree that this is worth disputing.

Do you live near a large CAB?

Our local CAB deals with tax credits overpayments and will assist people who wish to dispute the overpayment.

However, usually, the Benefits and Welfare specialist only can help people who meet the criteria as regards their household income/savings.

Our CAB is fortunate to have a specialist who will also help people who are not financially eligible.

If you would like some help with this then it is worth telephoning or visiting CAB to see if they have anyone who could assist you.