Tax credit overpayment - HMRC ignoring me

gonsdad

Hi all, new poster

Last year I got into a bit of a dispute regarding WTC. In July 2011, I was offered a job abroad at short notice and left the country, forgetting to mail back my yearly WTC evaluation in the process.

As a result, HMRC want me to return the whole amount of WTC I was paid between April and July 2011 (about 900 pounds) . Even though I offered to prove via payslips that I was still entitled to the tax credit at the time, they refused, though offered me the opportunity to send in a dispute form to argue my case. Going by my calculations, even if they accepted this I would still owe about 500 pounds due to an increased income in 2010-2011, which I don't mind paying.

The problem is that despite sending them the form in January, along with follow-up letters asking them to contact me by phone, email or post asap (I provided numbers and both my current address and parental address in the UK), I've heard nothing at all back from them. I even got my mum to send copies of the letters from the UK, but still no repsonse. Contacting by phone is practically impossible because I'm at the other side of the world and charges are astronomical, especially as a call to HMRC usually involves 20-30 minutes in a queue.

I'm not that bothered about whether or not I'll have to pay back the full 900 pounds or the 500 pounds I think I owe, but I am worried that they'll lump charges and penalties onto the fee even though I've tried to get in contact several times since the start of the year. I'm also beginning to worry about getting stopped at immigration and forced to pay next time I come back to the UK!

Any ideas why they are not responding?

Icequeen99

What address are you sending the letters to?

IQ

gonsdad

I sent it to

Tax Credit Office
Preston
PR1 4AT

This is the address that it says to send to on HMRC website and the appeal form itself. I've sent at least 4 letters and several copies of the appeal form.

I get the feeling they may be deliberately ignoring it until after the 13 month deadline for appeals, then they'll just say they never received anything.

Icequeen99

gonsdad wrote: »

I sent it to

Tax Credit Office
Preston
PR1 4AT

This is the address that it says to send to on HMRC website and the appeal form itself. I've sent at least 4 letters and several copies of the appeal form.

I get the feeling they may be deliberately ignoring it until after the 13 month deadline for appeals, then they'll just say they never received anything.

You need to be clear about whether you are appealing or disputing. In your case, if it was failure to return a renewal form, then there is no right of appeal because there is no claim. Under the tax credits act, there is no entitlement without a claim and the renewal form is the claim for that year.

All you can do is dispute. I have to say though, having dealt with dozens of these cases I wouldn't get your hopes up unless you have a good reason for not returning the form.

I would suggest you send any letter recorded delivery so you have proof of sending.

With regards to the 13 month time limit, as I say the general view is that there is no right of appeal in this situation (although there could be a legal argument made against this you would need legal representation to even get it into a Tribunal and ask them to consider if they have jurisidction. However, if you do want to try and go down the appeal route, if you can prove you sent at least one letter within the time limit then that is enough. HMRC ignoring you does not delay the time limit for them.

IQ

gonsdad

Thanks for your reply

I'm not all that bothered about paying back the full amount, I know I definitely owe about half of it anyway. I will try and stand my ground and see what happens but if it doesn't work then fair enough. The only reason I've not paid already is to wait and see hat they make of my dispute / appeal (its that long since I sent the form that I can't even remember what one it was).

My main worry is why they are choosing to ignore the letters and forms I've sent, if theres a chance of me getting stopped at immigration and forced to hand over money and I'd they're giving me the silent treatment so they can lump further late penalties or the like onto the figure. Ive heard nothing from them in over a year, have recieved no reminder letters back home or anything so I'm suspicious of why they're doing that.