Tax Credit - Over Payments Of 6000 Help!

[hyper]

Hi

 

After checking my tax credit letters, I noticed they were paying me as a single parent as apposed to a couple.

 

I notified them, and now they have sent me a big bill (over 5k).

 

I disputed this but they rejected my dispute and are demanding the money back.

 

I am mortified about this and dont know what to do.

 

I called them and sent them letters about this before, but they claim they only have a record of one phone call from me, when they immediately stopped the payments.

 

I strongly believe I provided them with accurate info and made them aware numerous times of their error, but they continued to pay me. How can they expect me to pay them 6000 pound back, this is crazy!

 

I dont know what to do to resolve this? Any ideas? Any solicitors I can contact?

 

Help !!!

[hyper]

But I strongly believe I met all of my responsibility's by advising them on several occasions of their error. I believe the application was correctly filled at the time of the claim and believe they failed to meet their obligations by incorrectly updating their system and awarding incorrect payments.

 

Based on this, what chances do I have of rightly winning my case?

[DX2]

So when you phoned them to close down your single claim did you get a new claim form in the post? As I believe you can't do a new joint claim over the phone.

[hyper]

Hi

 

I originally wrote to them but got no reply so followed up with 3 calls. the 3rd call is when the action began and the payments were stopped.

 

I feel I am paying the price for their incompetence. They registered me as a single parent, I did not request it, and only after my 4th attempt to inform them, did action begin.

 

But they are still demanding this large sum of 6k, which I dont have and now I am also out of a job.

 

I am very stressed, haven't actually slept properly for the last 3 days....

 

Is their any hope of resolving this in my favor? Any one recommend a solicitor who has successfully resolved these such case's? How much would they charge in such a case?

 

Thank you for your advice and support so far, I really do appreciate it.

[hallowitch]

there is a free web site called Tax Credit Casualties you may get more help there

[kinkyklee]

dont panic if its there fault it will get recognised,surley the form u filled in will state wot you have written so ask them to refer back to your original claim form to see if it was your error or go ahead and act dumb and say u was single they have missheard you..

ring cab next week to see wt they can suggest or maybe erika could help she is best on here

hope it all goes ok

[hyper]

thanks for the support guys / gals, appreciated.

 

hi kinkyklee

 

thanks for the suggestions. if i make it out that they misheard me and in fact I rang them to advise them I just got married, wont they get suspicious? I have already sent a disputed letter and they have responded saying I gotta pay back the money.

 

I think its scandalous that they are trying to force me to pay them when they screwed up....where the heck am I gonna get 6k from??? I have 2 kids!

 

[Loser4u]

Had similar and it was down to their error. They settled on not making any future payments until the overpayments are cleared. - Will be in about another 2 years.

Whenever you talk to them or reply to them keep pointing out that you informed them, it was their error and you don't have that sort of money available.

[hyper]

Had similar and it was down to their error. They settled on not making any future payments until the overpayments are cleared. - Will be in about another 2 years.

Whenever you talk to them or reply to them keep pointing out that you informed them, it was their error and you don't have that sort of money available.

 

thanks for the tip

 

in the letter they state the only time I contacted them, was the one and only time, and they immediately canceled the payments, but that's not true at all as I contacted them many a times.

 

The previous letters I have sent them, which they claim they never received, were not sent via recorded delivery, which is a shame. but I have copies of the letters on my laptop, will these be any good? will these support my case?

[Loser4u]

I would use them and send them a copy of them along with a summary log of when you contacted them by phone and letter and a brief outline detailing the contact type

[ErikaPNP]

Hi hyper. What you need to do is get enough supporting evidence together to show that this was an error on their part. There is one very important document that will show this. Your original claim form. This in itself will show that they have paid you as a single person in error. That's the first part.

 

The next part is that when you receive your award notification, it is your responsibility to inform them if any info they have on the award is incorrect, you did so but did you do so within the one month time limit? If yes, then it is their error entirely and you should submit a subject access request to receive papers in relation to your claim.

 

The SAR will come in a bundle, and should include copies of everything; your original claim form, any letters you or they have issued, screen prints of your claim and matters relating to it. Once you receive your bundle, you can search through it to see if there is anything within it which indicates that they were made aware of your status as a joint claimant before they claim to have been made aware.

 

To make a SAR, Send them this letter by recorded delivery (and all other communication with them by recorded delivery):

 

Dear Sir/Madam

SUBJECT ACCESS REQUEST IN ACCORDANCE WITH THE DATA PROTECTION ACT 1998

 

My REF: (National Insurance Number)

 

Please supply me with copies of all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. A copy of the initial original signed claim form. (and copies of any subsequent claim you have made)

2. Where there has been any event which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

3. Copies of letters exchanged between Tax Credits and myself in relation to all aspects of my business with you since the commencement of my initial claim.

4. Recordings of all phonecalls exchanged between Tax Credit and myself since the commencement of my original claim.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

In addition, get an itemised bill from your telephone service provider to get the exact dates and times you have contacted them. If any of the dates of contact are missing from your bundle, you can then challnge this by sending them the itemised bill showing that a call was made on xxx date, and would like them to provide copies of the discussion which took place.

[hyper]

Hi hyper.

 

Hi Erika

 

Much thanks for your reply.

 

The phone records...I spoke to my mobile provider but they can not seem to find the records as its older than 3 mths (my early calls to them).

 

Do you think they will have original copys of the applications??

[deathbycrayons]

Erika rocks - you'll be just fine if you follow her advice

[deathbycrayons]

Hi Erika

 

Much thanks for your reply.

 

The phone records...I spoke to my mobile provider but they can not seem to find the records as its older than 3 mths (my early calls to them).

 

Do you think they will have original copys of the applications??

 

The subject access request means they have to send you EVERYTHING they hold on record for you, including phonecalls and copies of everything.

[rds60h]

Hi Hyper,

Did you keep photostats or copies of the letters you sent?

Also, I would advise you to NEVER do any correspondence with them over the phone and state this fact to them in your next letter telling them that by only corresponding in writing that you have proof of what information has been given to them and that they cannot deny that you have supplied that information, which they could do with a telephone call.

I would also advise that you keep the copies of all correspondence to them for several years!!!!

I was overpaid by about £5000 in the first year that the Tax Credits began and had been telling them from the outset that I thought I was being overpaid. Fortunately I had kept copies of the forms and all correspondence with them and so could prove the overpayment was their fault and so did not have to pay back, with letters from the Tax people stating I was not liable. But each year up until this year (well so far anyway) they tried again to say I had been overpaid and needed to pay back to which I just sent them a nasty letter saying how useless they were and asking why these claims of overpayment kept coming from different Tax Offices in different areas of the country - did they not communicate which each other ! and I then enclosed a copy of all the correspondence I have had with them from day 1 (which is now nearly 5 inches thick) and then wait for them to send yet another letter stating I am not liable for repayment.

Edited January 10, 2010 by rds60h
missed a space between words

[hyper]

they still have not got back to me, how long can they take

[ErikaPNP]

If you sent a subject access request and enclosed the statutory maximum fee of £10, they have 40 calendar days from the date of receipt in which to comply.

[hyper]

OK, they have sent me a load of paper work which includes applications, thier internal memos etc. I dont know where to start?

 

I have noticed:

 

On my 1st application only my details are filled in but I have ticked the COUPLES ONLY section (6.2, page 9 of application) to say who is the main career (ME) which is what the agent told me at the time of filling the application. this is because my wife did NOT have a NI at the time, and he said I can fill in her details when she gets her NI.

 

they have yet to send the telephone records though.

[marie72]

Something similar happened to me. When I left work due to sickness, I rang them and told them straight away. They said they would continue to pay my working tax credit for four weeks after the date. They kept paying it after then, so I called them and asked them to stop. The woman I spoke to said I had never called her in the first place to say I had left work and therefore would have to repay all the money back. She was incredibly rude on the phone and basically called me a liar, saying there was no record of my call, so I didn't phone in. Well, an intemised phone bill soon resolved that matter!

 

In the end, it turned out they owed me nearly £2,000 as they never had my daughter who was in full-time education on my claim.... even though I made them aware of this when I first went back to work.

[hyper]

OK, they have sent me a load of paper work which includes applications, thier internal memos etc. I dont know where to start?

 

I have noticed:

 

On my 1st application only my details are filled in but I have ticked the COUPLES ONLY section (6.2, page 9 of application) to say who is the main career (ME) which is what the agent told me at the time of filling the application. this is because my wife did NOT have a NI at the time, and he said I can fill in her details when she gets her NI.

 

they have yet to send the telephone records though.

 

 

any ideas on this one ?

[ncf355]

I just cannot believe the amount of errors made on Tax Credits, I dont have kids but the few people I know that get TC's have all had issues

 

Disgusting

 

[surreyguy]

Hey , sorry to hear about your over payment.

 

i just read that you are unable to get the details of calls made from your mobile phone?

 

You CAN get a detailed print out of ALL calls made from your mobile but to do this you need to send a SUBJECT ACCESS REQUEST to your phone provider.

 

I have just done this with my provider as i needed it to use in an employment tribuanl my partner is going through.

 

So , sent the request off and at least that will prove you made the calls to tax credit office.

 

Guy

[Dragon2020]

When you filled in the form you should have been advised that your partner needed a temp NI number and her full details also documented.

 

As you have said you informed them as soon as you noticed the error which I assume you noticed on your acceptance award.

 

Your main problem is gettinf the proof you need and all calls should be recorded and stored in a database and your account will have a ID number for that specific call.

 

Now you said your wrote to them on several occasions , do you have a copy of the letters you have sent ?

 

You really need to get some legal help or even talk to a local CAB advisor.

[hyper]

Is their any legal advisors who you have used in the past that you may be able to recommend?

 

What are the costings of this ?

[hyper]

HI all,

 

This still has not been resolved. I requested further recordings and letters from them, though they did state they never had all the recordings and corrspondence...I never heard from then for 5 mths, they have now sent me a warning letter informing me they will involve collection agency to collect pyament...

 

I don't know what to do, I can't pay this 6k..I cud pay small amounts but even still I could not afford it. Can anyone recommend a solicitor to help ik this situation pls?