Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hope someone can help.
We claimed tax credits 2004/2005. not a great deal as we didn't realise we could claim until Oct, anyway got 510 quid in total. When the renew notice can I phoned them with the details, and it wsn't worth claiming for 2005/2006 was something like 2 quid a week, so I told them our total earnings for 2004/2005 and thought that was that.
In Aug 2007 I was asked to fill in a form about my income in 2004/2005, which I did and I accidiently put an additional 62K in as income, which was infact an additional mortgage, for an extention to the house. They apparently send an award notice in sept 2007, saying my earnings for 2004/5 were 62K more than they were, I don't remember this, I was not claiming tax credits, in Nov they asked for the 510 back and I asked why and since then we have been bouncing it forward and back. They say because I didn't tell them within the 30 days in sept 07, I have to pay back, I say I hadn't been receiving tax credits for 15 months therefore I didn;t expect to get an award notice, and didn't realise I had made an honest error...
I don't see why I should pay the money back, it was a mistake. any help or knowledge of what is reasonly much apprehciated.
I would suggest calling them and disputing the over payment if you are unhappy about it. However i don't think they will remove the over payment as you have said it was a mistake on your part.
Even if you put the wrong figure in and tell them this they will only send it off to there head office to request it be changed to correct income, but due to it being from a previous tax year they are not legally allowed to change the info (unfortunately i'm not sure what law it is that they would breach). It essentially means that although it was a genuine mistake, you more than likely will need to pay this money back.
But there is a right of appeal for cases where an error is discovered after the award has been finalised - you need to speak to the complaints department of the tax credits - don't be fobbed off insist on being given the address (they don't hand out the phone number). If they won't give you it let me know and I'll see if I can find it.
But if it was the claimants mistake then Tax Credits will not be held responsible, they can not be held responsible if someone gives their incorrect income.
If a request is sent to Tax Credits Office to change someones Previous years income then they will look into it, but if it is an error from a claimant they will not make the change, they will issue a letter stating that they are unable to make the change to a previously finalised award, as the law does not allow them too.
There is a right to appeal, if it was an error from tax credits side, but that may not be upheld under these circumastances.
I had a similar situation and managed to get the award reopened, corrected and then finalised again, and I got a payout. I did this through the complaints department and with the help of my MP.
I'm sure any one could get it looked at again if they get there MP involved. All i'm saying is that if it's the claimants fault then Tax Credits won't make the change directly, it has to go to their Head Office and usually they won't do it. There after if it is escalated higher then it may get changed.