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Caught betweem OR & HMRC with a tax credit overpayment
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Tryingsohardtofloat
Posts: 71 Forumite
Argh I'm in a rush so apologies if my post is brusque.
I had some excellent advice from Fermi & others when HMRC overpaid me with the tax credits & it took a while but the OR agreed that the overpayment debt fell within my BR so I wouldn't have to repay it. I told HMRC the same thing & thought it was dealt with.
This morning I've received a letter from HMRC telling me that they are going to retake the overpayment directly from my tax credit awards starting from October, so next month! I've tried to phone HMRC to explain but have been passed around 3 different depts so far none of whom could help or were interested & now I have to leave to do the school run.
Where do I go from here? Should I contact the OR or will they not be interested? Will I have to repay it?
Many thanks
I had some excellent advice from Fermi & others when HMRC overpaid me with the tax credits & it took a while but the OR agreed that the overpayment debt fell within my BR so I wouldn't have to repay it. I told HMRC the same thing & thought it was dealt with.
This morning I've received a letter from HMRC telling me that they are going to retake the overpayment directly from my tax credit awards starting from October, so next month! I've tried to phone HMRC to explain but have been passed around 3 different depts so far none of whom could help or were interested & now I have to leave to do the school run.
Where do I go from here? Should I contact the OR or will they not be interested? Will I have to repay it?
Many thanks
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Comments
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Hi well the OR have accepted it but all they can do it record it as a debt and send a copy of the report to creditors to HMRC which they have probably already done.They can physically make the HMRC change their minds. It is the OR's job to inform your creditors not to defend you against any action they my take, that is your job i'm afraidHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0 -
This is debt doctor's useful reply to another thread.
https://forums.moneysavingexpert.com/discussion/comment/66464881#Comment_66464881debt_doctor wrote: »Hi Pippa,
You should follow the procedure below or ask your MP to intervene now (they all have caseworkers to assist them);
Complaints about HM Revenue and Customs
219 If a client wants to complain about the administration of tax credits, s/he should first complain to the person or office which dealt with her/his enquiry or application. If s/he is unhappy with the response, s/he can complain further to the Complaints Manager at the relevant tax credit office. If s/he is still not satisfied, s/he can ask for the decision to be looked at again. This will be done by a senior official who has not previously been involved in the case. This complaints procedure is explained in the HM Revenue and Customs (HMRC) fact sheet 'Complaints and putting things right'.
220 In some cases, the client may be able to make a claim for compensation, for example, if there has been a mistake or unreasonable delay. This, too, is explained in the HMRC fact sheet.
221 If the client does not receive a satisfactory answer to her/his complaint, s/he can complain to the Adjudicator. The Adjudicator will only deal with a complaint if HMRC has been given an opportunity to resolve it.
222 A client can ask her/his MP to refer a complaint to the Parliamentary and Health Service Ombudsman. S/he should normally have used the HMRC complaints procedure first, and the Ombudsman would also expect a complaint to have been considered by the Adjudicator before deciding whether or not to investigate.
http://www.hmrc.gov.uk/factsheets/complaints-factsheet.pdf
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