Overpaid Tax Credits - not my fault how do appeal?

Ambiss

I have been overpaid around £1300

Cancelled tax credits via phone after sadly I lost my job
Went abroad on holiday for just under 6 months
Tax Credits kept paying me

Despite cancelling my tax credits of which the tax credits phone people have admitted it was their error - the cancellation was put in a que and left as pending but never actioned

Cancelled tax credits again on return to UK
Recieved £100 after cancelling this and then they stopped

3 weeks ago recieved a 2 letters saying I have overpaid 400 and 900 respectively (different tax and they will ask for it back in the future

As the repayment was not my fault - how do I appeal? - I believe I only have 1 month
and what am I entitled to?

Thanks

CKhalvashi

Ambiss wrote: »

I have been overpaid around £1300

Cancelled tax credits via phone after sadly I lost my job
Went abroad on holiday for just under 6 months
Tax Credits kept paying me

Despite cancelling my tax credits of which the tax credits phone people have admitted it was their error - the cancellation was put in a que and left as pending but never actioned

Cancelled tax credits again on return to UK
Recieved £100 after cancelling this and then they stopped

3 weeks ago recieved a 2 letters saying I have overpaid 400 and 900 respectively (different tax and they will ask for it back in the future

As the repayment was not my fault - how do I appeal? - I believe I only have 1 month
and what am I entitled to?

Thanks

How is it not your fault?

You were negligent for not ensuring they were cancelled, and you decided to spend the overpayment

CK

Ambiss

CKhalvashi wrote: »

How is it not your fault?

You were negligent for not ensuring they were cancelled, and you decided to spend the overpayment

CK

It is not my fault as in I did and it is on their records that I cancelled the payments. It was their error not to process it so I believe that if its their error then I dont have to pay back -

I also contacted them when I realised that they were still paying me to let them know

They have not yet asked for a backpayment (just told me I have been overpaid) yet but I want to appeal before the 1 month deadline is up?

Also I have access to the funds I would owe if needed - I have not touched them as they went into a seperate bank account from my day to day account although I am not is a good general position financially

So the question is how do I appeal or inform them that I believe I can keep the overpayment due to it being their error?

marybelle01

Good luck with that - if you are made a payment, even in error, then they will want it back. So you believe wrong. It isn't your money and if you have the money available then you should repay it. And will - one way or another.

It isn't altogther surprising you are not in a strong financial position though - most people, when they lose their jobs, look for another one and don't go on holiday for six months first.

CKhalvashi

You have taken (and spent) money that does not belong to you.

You have a right of appeal, and you are using this to try and ignore the fact that you did this.

I typed in an account number one digit out; I had to stomach the loss while the bank sorted it out, however the person that did have the money in that time (who is a friend on the other side of Europe) didn't spend the money, knowing that it was mine, not his.

The above is looking at it from the other way around, and surely you'd hope someone would do the same if it was you.

The Gov is not a charity, and is run in the same way as any other large company; the books have to be balanced.

It's not yours, don't waste my money or your time appealing, just make an arrangement to pay it back!

CK

Morglin

In some cases of 'official error' (which this was), overpayments can be written off:

http://www.w4mp.org/html/library/guides/1108_taxcredits.asp#8.__Challenging_overpayments

http://www.revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/appeals/official-error/

http://www.taxcc.org/Dispute_1st_things_1st.html

However, it is sometimes more difficult with the Revenue, than with the DWP.

Lin

CKhalvashi

Morglin wrote: »

In some cases of 'official error'

I disagree that this was official error; see above.

CK

Ambiss

Thanks for the links Lin, will have a read through today

and CX It was actually the person on the tax credits helpline who told me I can and should appeal because it was their error and would be looked at as their error

CKhalvashi

Ambiss wrote: »

Thanks for the links Lin, will have a read through today

and CX It was actually the person on the tax credits helpline who told me I can and should appeal because it was their error and would be looked at as their error

Sorry for the attitude this morning; HMRC had on excess of £300,000 out of the two of us yesterday (we're both company, so I'm a little bitter with them, not you.

By all means appeal, but I can't see it getting anywhere for the reasons above.

CK

Ambiss

No problem CK, good luck with the 300k

From the government website an example

"On 1 September you tell us about a change in your circumstances
but we don’t change your award until 16 October. We won’t
collect back any overpayment that arises after 30 September."

Which is exactly what I did, Told them on this date and they didnt change the award till 6 months down the line

Which suggests I am entitled to some of the overpayment, I just need to know how to convey this properly I guess

FBaby

I don't get it.you are not disputing that you should not have received that money. You have not spend the money it is sitting in an account yet just because they continued to pay that is a reason in your eyes not to give it back and what? Spend that money that you agree you are not entitled to? What if it was the other way around? They agree you are entitled to x but you made a mistake and gave them the wrong account details. Would you think fair enough my mistake they can keep that money?