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P800 wrong? What now?

Hopefully someone can offer advice. I've had an ongoing issue with my tax for ages now. Paye. In July 2010 I received a refund for overpayment in the year 2008-2009. In December 2011 I received another p800 stating I've underpaid in 2009-2010. By the same amount as the overpayment they refunded me thr previous year.

Anyway after 9 months of writing to them them not acknowledging or replying to letters, spending hours trying to phone them I gave up and went into my local office. Who were baffled and could not understand it photocopied the paperwork sent it off to hmrc.

Today I received a reply finally to my complaint. Some 9 months since the first was paid.

It basically states the figures on the first p800 are completely wrong I didn't overpay at all it's their error which they apologise for but I still have to pay the money back. They're saying when I received the refund and the p800 I should of checked it with my p60 to make sure the figures matched. I did call them to check its correct and they confirmed it was over the phone at the time before I banked the cheque. The amount they claim is owed is currently being deducted from my wages each month as they've amended my code to cover it.

Is it worth me appealing against this decision and asking for another complaints handler to look at it as per their complaints procedure and then if necessary go to the adjudicators office?

I don't have the p60s from that year so can't prove otherwise. But I think it's unfair that they can make an error then ask for the money back 2 years later when they finally realise they made it. I also think its ridiculous they have taken 9 months to acknowledge and reply to a complaint.

Do I have a leg to stand on?

Comments

  • s1h
    s1h Posts: 491 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    60 views no replies? Anyone offer any advice.
  • s1h
    s1h Posts: 491 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Well I've wrote to them again asking for a different complaint handler to review the case, and if not successful I'll go to the adjudicator I've got nothing to lose other than the price of a few stamps and a bit of time writing letters.
  • CTA_2
    CTA_2 Posts: 120 Forumite
    s1h wrote: »
    Hopefully someone can offer advice. I've had an ongoing issue with my tax for ages now. Paye. In July 2010 I received a refund for overpayment in the year 2008-2009. In December 2011 I received another p800 stating I've underpaid in 2009-2010. By the same amount as the overpayment they refunded me thr previous year.

    Anyway after 9 months of writing to them them not acknowledging or replying to letters, spending hours trying to phone them I gave up and went into my local office. Who were baffled and could not understand it photocopied the paperwork sent it off to hmrc.

    Today I received a reply finally to my complaint. Some 9 months since the first was paid.

    It basically states the figures on the first p800 are completely wrong I didn't overpay at all it's their error which they apologise for but I still have to pay the money back. They're saying when I received the refund and the p800 I should of checked it with my p60 to make sure the figures matched. I did call them to check its correct and they confirmed it was over the phone at the time before I banked the cheque. The amount they claim is owed is currently being deducted from my wages each month as they've amended my code to cover it.

    Is it worth me appealing against this decision and asking for another complaints handler to look at it as per their complaints procedure and then if necessary go to the adjudicators office?

    I don't have the p60s from that year so can't prove otherwise. But I think it's unfair that they can make an error then ask for the money back 2 years later when they finally realise they made it. I also think its ridiculous they have taken 9 months to acknowledge and reply to a complaint.

    Do I have a leg to stand on?

    Good article here http://www.moneysavingexpert.com/news/reclaim/2011/03/thousands-get-tax-demands-written-off-using-hmrc-loophole
    DISCLAIMER - Whilst I am a qualified and practicing CTA any advice i provide should not be relied upon as i have no possibility of confirming individual circumstances. Any advice i provide is merely a guide and provided in my free time.
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