over payment of tax credits

deakinwoods

I have recently received a letter from Her majesty revenue and customs.
This letter states that I have been paid too much through tax credits, an amount of £1388.49p.

I haven't received tax credits since 2012 due to the new threshold and myself and my partner earning over £30,000 per annum total gross wage.

The letter does not contain any details of how they have worked it out, what the period is I was overpaid, what they based the calculation on etc etc. This is the 2nd time I have had this problem and to be honest I'm rather fed up of it!!

So what I want to know is do I have a right to demand that I am shown evidence of calculations and why they think I was overpaid. Do I have a right to question it and what are the implications likely to be if I refuse.

Thanks in advance.

Si

[Deleted User]

Yes you have the right, so you need to make the requests and keep proof - best to use "Special Delivery" and keep copies.

When you send the letter I wouldn't expect a quick reply, maybe even over 12 months. But it's important to keep in contact with the via mail and keep copies and proof to demonstrate your clear intention to resolve this "mistake" on their part.

If you simply refuse, then I imagine the debt will be passed on for collection (see threads on debt recovery of Tax Credits) as it will be looked at as refusal to repay the debt owed (because you haven't challenged it)

deakinwoods

Thank you for your help.

compoff

You have indicated an increase in your income, did you keep them notified of all income rises, or did you just wait until your end of year renewal to tell them. If the latter, this may be the cause. You should ring up and ask for award notices for the years in question and see what figures they were basing your awards on.

baloo

I can empathize with OP.
Last year I started a new full time job (after working p/t). I immediately informed the Tax Office as we received Child Tax Credits. I told them that our combined incomes would now take us over the threshold. They told me not to worry and to fill in the renewal with all new wage details etc.
We did this and it came back with an award! So I rang again and explained the situation and said that I was concerned that we weren't entitled to anything. They told me that as long as the correct details and info had been sent to them then the award stands.
ALL details were correct
ALL paperwork sent to them was 100% truthful
Two calls were made to them by me.
And now I return from holiday to find numerous letter from them saying that we have been.......you guessed it - OVERPAYED!
Each letter says a different figure - one says we owe £2560.82. Another says £1736.81. Another one £2607.34:eek:
I have tried calling them today but just get a recorded message saying that "we can't deal with you call at the moment" and then hangs up:mad:!!!
What should I do?

zaksmum

This happened to my friend too. HMRC say she was overpaid by over £1200 and it turned out that she had given them her take home pay on the phone rather than her gross (pre tax) pay.

She'd never claimed anything before so had no idea of the procedures. She asked for the recording of the phone call as she was convinced the staff member had asked her what her take home pay was, but HMRC said they were unable to find it.

Over a year later they are still demanding repayment.

Hope you get sorted, OP

xylophone

Write and set out the situation as you have in your post. Ask for explanation/calculation.

Keep a copy of your letter which you should send first class recorded delivery.