dispute or appeal?? and what form??

Ronnietink

Newbie here folks so pls be patient

Firstly WOW what a great site!! I was absolutely pulling my hair :eek: out worrying how I was going to pay back nearly four grand in overpayments but reading other threads I now realise I am not the only one having probs.

What i need to understand is...Am I appealing their decision or disputing it?? apparently (according to an advisor on helpline ) they r two different process's...

I'm now really confused as thought i was appealing.

Basically joint claim on and off since 02. I have always provided all of my details but OH didn't. Now single (thankfully!!) but they are attempting to claim it back via me - (jst seems unfair that I am facing yet another bill which is because of him!) Why won't they claim it back or at least part of it back from him???

any help / clarity gratefully received

Gaz83

First of all, one of the conditions of TCs is that if a joint claim goes wrong HMRC have the right to recover all or part of the debt from one person, as as far as the Government are concerened you both received the money.

There is in essence one main difference between disputing and appealing.

If you dispute an overpayment, you do so on the basis that you claim it never arose. For example, you were overpaid but you didn't receive the funds etc..

If you appeal an overpayment, you do so on the basis that you agree you were overpaid, but you feel there are extenuating circumstances that mean you shouldn't have to pay it.

So what are you trying to do? Are you admitting that you have been overpaid but you don't think you should pay it back for some reason, or are you saying you haven't been overpaid in the first place (and I'm not referring to funds going to your partner rather than you in a joint claim, as technically they're still going to you).

Ronnietink

Thanks Gaz83

I did receive TC to pay towards childcare costs so I suppose I am appealing the decision to pay it back as i don't see why i should be the only one who has too. He should at least have to pay some of it back as he did'nt supply info to them (we had split B4 final info needed and he jst refused to supply it)...I suppose I'm jst angry that it seems like its just another thing he has left me to pay out!

what form would I need??

cheers
R