tax credit debt Help

Victoriageorgina1

Hi.
New to the forum but really need some advice as I can't seem to get any elsewhere.
In July 2014 I had a little girl. I was claiming child tax credits for my two older children. After her birth I called them up and they added her to the claim and I began to recive payments for her.
In April my payments for her stopped and then they sent me my renewal pack saying I owed them £1600. I called to ask why. They told me that in February 2015, 7 months after adding my little girl on to the claim they had written to me for more information on her. I received no letter. As they didn't hear back from me they cancelled her claim and now have it down as an overpayment as she wasn't entitled to it as I didn't supply them with the information they requested. I did dispute this.. explaining I never received the letter and that they should never have agreed to make payments for her if they needed more information/until they had all the information, never mind wait 7 months into the claim to ask for this information. They said I still owe the money.
I contacted citizens advice who told me as long as I give them the information before 31st July 15 when the tax year ends then it should be fine. So when I disputed it I asked could they let me know what the information was so I could get it to them. By the time the dispute had gone through and I heard back from them to say no I still had to pay it was October and well into the new tax year. It has now gone through to a debt collection agency.
Is there anything I can do? Or do I have to pay this back? I have a new claim now with all three of my children on...
This "over payment" was never an overpayment, nor was it any of my fault. I can't talk or get through to anyone and I still have no idea to this day what the information they requested was. All I know is that they say they fulfilled their duty of care and unless I can prove otherwise I have to pay it back.

Darksparkle

What information did they want to know? Dos they not believe the child existed?

Or was there a disputed responsibility by the other parent?

It should have been an appeal rather than a dispute that you made. A dispute is where the overpayment is correct but you don't believe you should need to repay it.

In this case the decision they have made is wrong which has led to an incorrect overpayment.

Write to them asking for a mandatory reconsideration (it should have been done within 30days so explain what actions you have taken so far to explain why it's late).

If that doesn't work then appeal.

Icequeen99

Unfortunately it sounds like the mistake you made was to submit a dispute rather than an appeal

You need to get some advice as it is possible you can still submit an appeal by arguing that the initial dispute was in fact an appeal (HMRC should have realised it was about entitlement)

IQ

Victoriageorgina1

Thanks.
They have never told me what the information they requested was. There was also no dispute by the other parent. There is no information I can see that they needed. Where am I best getting advice? On the phone they tell me nothing but the money is owed and it is my fault.. I wrote to them explaining it all when I logged the appeal (it was an appeal and not a dispute sorry..)

Darksparkle

Victoriageorgina1 wrote: »

Thanks.
They have never told me what the information they requested was. There was also no dispute by the other parent. There is no information I can see that they needed. Where am I best getting advice? On the phone they tell me nothing but the money is owed and it is my fault.. I wrote to them explaining it all when I logged the appeal (it was an appeal and not a dispute sorry..)

Can you please post the exact response to the appeal?

Victoriageorgina1

I am unable to find the letter at this time. But it was basically saying that my case had been reviewed and as they had fulfilled their duty of care I had to pay back the money unless I could prove otherwise.

Darksparkle

The specifics would be important here. I would suggest you speak to CAB.

Icequeen99

That very much sounds like a dispute response not an appeal.

If you had put in an appeal, the debt recovery would have stopped. It doesn't for a dispute.

If they refused your appeal, you would have received two copies of a 'mandatory reconsideration notice' with instructions on how to appeal further to Tribunal. Did your letter contain any of that? If no, it was treated as a dispute and not an appeal.

IQ

Victoriageorgina1

No. It contained non of this.