What are the chances of having a Tax Credit Overpayment, written of completely

Icequeen99

oldboy64 wrote: »

That is outrageous! Somebody receives more than they should have from HMRC, spends it, then tells HMRC that they are penniless and has the whole lot written off?

Yes. There are a few ways to get an overpayment written off. Most common us a dispute where HMRC make. Mistake but you have met your responsibilities.
The financial hardship route is only bout ability to pay and not whether HMRC made a mistake.

IQ

oldboy64

Icequeen99 wrote: »

Yes. There are a few ways to get an overpayment written off. Most common us a dispute where HMRC make. Mistake but you have met your responsibilities.
The financial hardship route is only bout ability to pay and not whether HMRC made a mistake.

IQ

but you have met your responsibilities.

Thanks, it would be very interesting to read what these responsibilities are?

In the case in question that I posted about, the guy received money which wasn't his. HMRC accepted fully that it was completely down to them and caused by the error of one of their staff. The guy told HMRC immediately that it was all wrong when he received the money, but HMRC continued to offer him more money every four weeks throughout 2013/14.

It was only when he eventually got through to someone more senior did they say that they had made a complete mess of everything and that he was right in what he was saying. HMRC also said that no blame was attached to the guy.

Yet HMRC are now threatening action if the money isn't returned.

I would add that at the end of the conversation (it was all carried out on speakerphone) HMRC said that he should dispute any request for repayment as it was clearly the fault of HMRC.

HMRC wouldn't listen when he telephoned them again to dispute the debt. Hence why he has arranged to repay it.

Icequeen99

oldboy64 wrote: »

Thanks, it would be very interesting to read what these responsibilities are?

In the case in question that I posted about, the guy received money which wasn't his. HMRC accepted fully that it was completely down to them and caused by the error of one of their staff. The guy told HMRC immediately that it was all wrong when he received the money, but HMRC continued to offer him more money every four weeks throughout 2013/14.

It was only when he eventually got through to someone more senior did they say that they had made a complete mess of everything and that he was right in what he was saying. HMRC also said that no blame was attached to the guy.

Yet HMRC are now threatening action if the money isn't returned.

I would add that at the end of the conversation (it was all carried out on speakerphone) HMRC said that he should dispute any request for repayment as it was clearly the fault of HMRC.

HMRC wouldn't listen when he telephoned them again to dispute the debt. Hence why he has arranged to repay it.

Responsibilities are set out in leaflet COP 26. In the example you give I would suggest he repay to stop action but continue the dispute. If it is as you say then COP 26 says it should be written off.

MSE have an article that suggests it can be written off if it was the fault of HMRC. That's not correct. There must be a HMRC fault and the claimant must meet their responsibilities. Most people fail because they don't spot the error on the award notices and tell hmrc about it.


IQ

joe65

Icequeen99 wrote: »

Most people fail because they don't spot the error on the award notices and tell hmrc about it.

So with my award, would there have been anything else I could have done

Got my award, checked the award was correct, next 2 years was paid weekly

2012, lost my form, so phoned the tax office, was asked, do I get DLA, No...claim mow closed, and overpayment of around £4000

Personally I think from day 1, the tax credit office made the mistake, and when it came to renewal, my DE should automatically be renewed

Icequeen99

joe65 wrote: »

So with my award, would there have been anything else I could have done

Got my award, checked the award was correct, next 2 years was paid weekly

2012, lost my form, so phoned the tax office, was asked, do I get DLA, No...claim mow closed, and overpayment of around £4000

Personally I think from day 1, the tax credit office made the mistake, and when it came to renewal, my DE should automatically be renewed

The dispute rules I talked about above aren't really applicable here unless the appeal fails.

Your issue is about wrong entitlement, you are saying that there should be no overpayment because you were actually entitled to the amount.

Dispute cases under COP 26 are for cases where the person has actually been overpaid and their entitlement decision is right.

Have you got someone helping with your appeal? The disability element is tricky.

IQ

joe65

Icequeen99 wrote: »

Have you got someone helping with your appeal? The disability element is tricky.

IQ

Yes, someone was helping me, but I did most of the work, writing the various letters, explaining why I thought I was entitled to the disability element, and chance of winning my case was good

Now today 2 Sept 2013, I received my statement for my National Insurance Credits, and all I can say is... Whoopeeeeeee, so come Tue morning, I'm of to had this piece of evidence in tot he tribunal court
:T :j :j :j :T

My statement reads as follows

2009-2010......... 11 National Insurance Credits
2010-2011......... 52 National Insurance Credits

So I'm very confident I'm going to win my case, and to have to wait at least 2 years for this to be sort, its going to be a big relief, especially right now when my health isn't that good

Now I just wonder if the tax office could have sorted this out 12 months ago, instead of sticking to there heels, and saying Im not entitled to the DE

If I made these mistakes in my work place, I would be sacked for incompetence, so how someone in the tax office is still in there job, is beyond believe, only thing I can see, is there encouraged to do this, get claimants of the benefits