thery wrote off overpayment, but now want it back

tiredwithtwins

hi,
i wonder if anyone can give me any advice re my situation.
in 2004, i separated from my partner -we have 3 kids - and claimed as a single person. my claim was investigated ( i suspect cos someone called them and said i was claiming fraudulently) and i had to go in with all my nursery bills and wage slips etc, and the officer worked out my claim for me.
my partner and i got back together after 6 months and i duly informed them.
in 05/06 they said they had overpaid me and us, and it totalled around £4200. I appealed against this, and in may or june last year got a letter saying that the overpayment was being written off and i hand nothing to pay.
didnt hear a thing until i got a phone call yesterday from the debt recovery dept saying i still owed £4200 .... the bloke was sympathetic and told me to ring the wftc helpline to sort it out.
but to be honest, im so annoyed i really dont trust myself to be calm when i do ring ... im annoyed with myself too cos i cant find the letter they sent me, so i guess i will end up with a whopping bill to pay now!

does anyone have any advice they can give me? would i be better just writing them a letter outlining whats happened?

i dunno whether to laugh or cry!!

thanks in advance for any replies,

sue

donnalove

If you had a letter from them wrighting the payment off, then they should have a copy or it should be on your files.
try ringing the helpline and see wot it says on your records.

I have kept my letter from them and still have all the paperwork just in case they change there mind.

donnalove

System

Fill in a TC846 dispute form: http://www.hmrc.gov.uk/forms/tc846.pdf and send it with a copy of the letter you received telling you it was written off. That should do the trick.

Don't even try to sort it over the phone.

tiredwithtwins

thaniks for the replies

Pam17, im off to get that form now!!!

many thanks

System

donnalove is correct too. If you can't find the letter tell them there should be a note on the computer record and a copy held in storage and request that they obtain all your papers to verify what you are saying.

lebly

You are also entiled to have a copy of everything that they have on file - even computer records. Applied for mine - now I need a storage container. Found an interesting e-mail though betwen staff admitting everything was their fault!!!

Took about 2-3 weeks to get the info.

socks_uk

lebly wrote: »

You are also entiled to have a copy of everything that they have on file - even computer records. Applied for mine - now I need a storage container. Found an interesting e-mail though betwen staff admitting everything was their fault!!!

Took about 2-3 weeks to get the info.

You've just reminded me that I asked for all of mine in February but still haven't got it yet. Just tried ringing but after paying to go through the 'options' I was 'hung up' on because of high call volumes.

I think I'll find the address to write to instead.

mclaren_2

Quite simple this one - you have proof they said they would wipe it - so dont worry, its their fault not yours and you do not have to pay anything back due to the letter

GemA_2

Pam17 wrote: »

If you can't find the letter tell them there should be a note on the computer record and a copy held in storage and request that they obtain all your papers to verify what you are saying.

Technically, this is true. There "should" be a note on the record...

However, if I were you I would search high and low for that letter. Chances are they made a note against the wrong year, or didn't make a note, or maybe they made a note and it's been deleted to make room for newer notes, or their dog ate the paperwork... honest miss.

And yes, it can be worthwhile making a Subject Access Request under the Data Protection Act. You need to write to the team dealing with these requests in Newcastle. I can get the address if you like.

tiredwithtwins

hi, thanks for all your replies :T

I have found the letter, but its actually quite ambiguous - it says 'following overpayment in may, we are writing to tell you etc etc etc' - it doesnt actually refer to a specific claim or date, and may was the date i sent the appeal form back.

ive downloaded the form pam linked to me ... will let you know how i get on.

Gem A, the address would be very useful if you have it near to hand ... if not im sure i will find it on thier site (probably under data protection?)

thanks again for your replies,

sue