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Tax Credit Overpayment


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Joan,

 

Why was you daughter overpaid tax credits in the first place? They must have given some reason.

When did she spilt from partner?

Did she tell TCO immediately of split?

Has she got copies of awards for 2003/4?

Ros

Alliance prelim 7th Jan £3270

sod off letter 14th Jan

LBA 19/1/07

N1 taken to local court 6/2/07

Offer recived part amount but already in court

WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!!!!!:D

 

Barclays prelim £1973 7th Jan

No can do letter 14/1/07

LBA 16/1/07'

part offer received and refused 1/2/07

N1 issued 15/2/07

letter received re defence - they have till 22/3/07

Defence received - 25/3/07

AQ received to be back by 11/4/07:-(

 

Lloyds TSB trustcard S.A.R - 12th Jan

claim for £126 prelim 12/2/07

sod off letter recd.

LBA 17/3/07

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Best advice I can give has already been given

 

Phone and request a COP 1 form, however, you do not then need to wait for it to arrive, the COP 1 is available for download on the HMRC website. But by requestiong one from them the record will be updated with this request.

 

With I and E forms, lok around the site and also on Martin Lewises site,there are good tip to filling these in and manipulate it to suit what type of payment you want to make.

 

I would also advise that if you have no solid proof, don't kid yourself into thinking that you will win in court, the Revenue always get the upper hand in court, and you will end up with extra to pay back due to the fees.

 

As I say, the above has been mentioned before, but thought I would put in my 2 pence worth.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Joan

 

when did your daughter get her notice of overpayment.

When you say you can't appeal, how do you know? Have you already tried by letter, or is it just on the phone?

 

Ros

Alliance prelim 7th Jan £3270

sod off letter 14th Jan

LBA 19/1/07

N1 taken to local court 6/2/07

Offer recived part amount but already in court

WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!!!!!:D

 

Barclays prelim £1973 7th Jan

No can do letter 14/1/07

LBA 16/1/07'

part offer received and refused 1/2/07

N1 issued 15/2/07

letter received re defence - they have till 22/3/07

Defence received - 25/3/07

AQ received to be back by 11/4/07:-(

 

Lloyds TSB trustcard S.A.R - 12th Jan

claim for £126 prelim 12/2/07

sod off letter recd.

LBA 17/3/07

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Hi Ros,

 

Sorry this gets a little confusing. She got a notice saying she was not entitled to ctc & wtc for year 2005/2006 addressed to her and her ex.

The same day under a different cover she got a demand for repayment of overpayment of ctc&wtc for year 2003/2004 again to herself and ex.

 

She split with ex in May 2004. She has always informed tax credits of any changes, as she did on this occassion.

 

She cannot find any award letters for 2003/2004 nor any notices advising of her overpayment, etc. Therefore have sent in SAR.

 

When she got the tax credit demand and over notice she wrote advising them she wanted to appeal against this decision but put 2005/2006 in error! They returned her letter stating her appeal was invalid because the notice reflects the fact that she was not entitled with her ex! therefore meaning she can still have a claim in her own right for that year. So why they sent her this I don't know and their letter suggest technical reasons!

 

Aside from that she still has this demand for 2003/2004 which she had received no notice of previously. Only her ex was employed this year and she is in the process of getting copies of his P60's so we can put together an appeal - I have downloaded form off HMRC website. Plus with the SAR this should provide us with the dates and times she was in contact with them re: any changes, etc.

 

Regards Joan.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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sounds like your going along the right lines, you'll have a fight on your hands (they don't like saying their wrong) but just stick in there keep us updated?

 

i got another demand yesterday, i'm on such good terms with the edinburgh inland rev debt collection place now, think they're going to get me a clocking in card hehe have been appealing againist this overpayment since september last year but as usually my case worker at the tax credit office hasn't informed the debt collection department so they started court action, when i phoned to speak to my case worker surprise surprise she was off, and the cheek of it, i was told to phone the debt collection place and suspend my case cause of the appeal, good job i know a few of them, cause they had to just take my word for it, they did ask if i wanted to complain, but to be honest i really can't be bothered with the stress, and hassle, also i'm querying/fighting 3 overpayments already. We keep everyone updated though :)

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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  • 2 weeks later...
i recieved court papers this morning from northampton court.the inland revenue are taking me to court for the overpayment.it is now £1008.17 including court costs.i dont know what to do now.i cant afford to pay this and it wasnt my mistake in the first place

 

 

 

dont worry about it its only county court just offer what u can afford no more. if they dont accept [edit]. if they ask u 2 go to court dont go. dont tell where u work and if they send baliffs just dot let him in. baliffs dont have power of entry attached to warrents. just tell them to do one. dont let anyone intimidate you.

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Go to

 

tax credit overpayment

 

this website is really helping me at the moment. i recieved summons 2 weeks ago and am in the process of getting the court action stopped.

 

We are all victims of a crap system, you should not have to pay and this website will help you fight all the way

 

Good luck

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Joan,

 

Is seems your daughter got an overpayment notice for 2003/4 for a jpint award which referred to herself and her partner . Did the one for 2004/5 also refer to them both?

Strictly, when you separate you should tell the tax credit people. If she told them in May 2004 she should have a joint award from April 6 04 to the date of separation, and a single award from the date of separation to the end of the year.

Look on the tax credit link below to leaflets. Try WCT/AP page 4/5 which gives you appeal times.

Also look at the COP26 which tels you how to go about the overpayment.

HM Revenue & Customs: Tax Credits

 

Also you may need a TC846 which is on the following link

HM Revenue & Customs: Tax Credit Forms and Notes

 

Good luck - PM me if you want

Alliance prelim 7th Jan £3270

sod off letter 14th Jan

LBA 19/1/07

N1 taken to local court 6/2/07

Offer recived part amount but already in court

WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!!!!!:D

 

Barclays prelim £1973 7th Jan

No can do letter 14/1/07

LBA 16/1/07'

part offer received and refused 1/2/07

N1 issued 15/2/07

letter received re defence - they have till 22/3/07

Defence received - 25/3/07

AQ received to be back by 11/4/07:-(

 

Lloyds TSB trustcard S.A.R - 12th Jan

claim for £126 prelim 12/2/07

sod off letter recd.

LBA 17/3/07

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Re the comment about courts/bailiffs and refusing to pay - I suggest you read the In Rev own leaflet on this.

HM Revenue & Customs: What will happen if you don’t pay

They will pursue you unless you can get an appeal accepted. If you feel you have a watertight case but still can't get anywhere - have you contacted your M.P?

Alliance prelim 7th Jan £3270

sod off letter 14th Jan

LBA 19/1/07

N1 taken to local court 6/2/07

Offer recived part amount but already in court

WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!!!!!:D

 

Barclays prelim £1973 7th Jan

No can do letter 14/1/07

LBA 16/1/07'

part offer received and refused 1/2/07

N1 issued 15/2/07

letter received re defence - they have till 22/3/07

Defence received - 25/3/07

AQ received to be back by 11/4/07:-(

 

Lloyds TSB trustcard S.A.R - 12th Jan

claim for £126 prelim 12/2/07

sod off letter recd.

LBA 17/3/07

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Strictly, when you separate you should tell the tax credit people. If she told them in May 2004 she should have a joint award from April 6 04 to the date of separation, and a single award from the date of separation to the end of the year.

 

Hi Ros, she kept them informed. Also whenever she got an award notice with both names on she rang them up and told them again. Funny though the overpayment demand has triggered them into sending out a joint award from Apr 04 to May 04 when they seperated dated 23 Dec 06. They apologise for delay due to some technical reasons!

Thank you for the links I should read through them, to date the tax credits have not responded to the S.A.R - (Subject Access Request).

 

Regards Joan

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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hi, sorry don't mean to high-jack your thread but it seems this is a big problem. I'm sure i've been overpaid by nearly £2000 problem is i've always told them of the changes, i told them i was going to change child carers a bout a month in advance, they told me it was too early, i told them 3 wks before they still said it was too early, i then asked them to calculate roughly how much they would pay me and i was told the amount of around £800 per month which seemed about right to me. I told them to make a note that i had called them to tell them of the changes and the lady i spoke to told me not to worry. I called a week before because i wanted the changes to go through the system in time for my next payment date (they told me it would take 48hrs for it to be updated). as far as i was concerned everything was sorted.

 

because i wanted to be sure, i called them again 3days before my payment and would you believe it the system had been update but with the wrong info! Instead of changing childcare costs from £368 per wk to £175 as from 15th Jan, the lady had put in that the costs had gone up but that i would also stop using chilcarers as from 19th Feb! i mean bloody hell! do they really know what they are doing? anyway, payment date comes and guess what £1300 put in bank and a day later £600 and the following Monday £400 what on earth is going on? how can they possibly argue that this is not their fault?

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just send it back to them, don't spend it, if you spend it then even though you've given them the right info, they're just going to say you knew that the money wasn't yours, if the money is still in the bank, i wouldn't worry abour it, just get all the right info in black and white (an award notice) and work out yourself what to send them back. Have you phoned them since and asked them what all this money is for??

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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Sounds to me like they are only now sorting out 2004/5 final joint award.

I presume she is entitled to payments in her own right on a single claim since May 2004.

You didn't say the actual reason for the overpayment in 2003/4 - This should be shown somewhere on the award or the tax credit helpline should be able to tell you.

Alliance prelim 7th Jan £3270

sod off letter 14th Jan

LBA 19/1/07

N1 taken to local court 6/2/07

Offer recived part amount but already in court

WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!!!!!:D

 

Barclays prelim £1973 7th Jan

No can do letter 14/1/07

LBA 16/1/07'

part offer received and refused 1/2/07

N1 issued 15/2/07

letter received re defence - they have till 22/3/07

Defence received - 25/3/07

AQ received to be back by 11/4/07:-(

 

Lloyds TSB trustcard S.A.R - 12th Jan

claim for £126 prelim 12/2/07

sod off letter recd.

LBA 17/3/07

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  • 4 weeks later...

hi,just to update everyone i got a letterfrom the courts this morning to say i am at court on the 27th april.im quite worried now as i didnt want to go to court and dont know what i have to do.

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If i was you lynz i would go over to the tax credit overpayment site, they are great on there, and should be able to give you all the help and advice you need, mines only at the adjudication stage so i don't know what advice to give, sorry i haven't helped much.

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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it sounds like a trip to the C A B is needed. they'll help where all else fails.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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  • 2 weeks later...

After much too'ing and fro'ing with the tax credit people, and receiving 3 reasons for not waiving my £1000 overpayment I went to see my M.P.

 

2 weeks later received a shower of new tax credit advices through. No covering letter, and we couldnt work out what was going on (my wife is an accountant so that tells you how poor the advices were).

 

We then received £800 back credits through as they had waived and reassessed us from 2003. Finally received a letter signed by Dawn Primarolo telling us that we should never have had to go to so much effort to get them to listen, and she was very sorry.

She refused to pay compensation for time and effort not to mention stress, so I'm off to small claims court with her letter to lodge a claim.

 

go and see your M.P. as they have a hotline to people in the tax credit office that have more than one brain cell.

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go and see your M.P. as they have a hotline to people in the tax credit office that have more than one brain cell.

 

MPs do indeed have a hotline to the Director's Office at TCO in Preston. Was the letter from the PMG hand-signed?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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MeAgain,

 

Yes, the letter was hand signed and not on the usual HMRC paper.

 

As I'm here I'll take the opportunity to apologies to anyone from HMRC tax credits who I may have offended with my previous comment about 'more than one brain cell'. On reflection I'll say it's a failure of the entire system, in the main unattributable to the hard working staff who try their best but are given poor training and tools to do the job.

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I am currently in dispute over a 2003/4 'overpayment'... I have discovered that the reason they base this on is that their records state I had a partner during that period and didn't declare it ie so I wasn't entitled to the money. Thing is, I was totally and utterly single until 2006, lived on my own, didn't borrow or lend any money, never had even a one night stand (I sound rather boring but that's the fact of how it was).

 

I've filled in one of their dispute forms and put in a cover letter entirely refuting their reason behind the decision. I feel angry because it feels like I'm being accused of being a liar and a fraud when I am an open and honest person. Very upsetting and invasive.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 2 weeks later...

If you genuinely believe you are in the right - get your local MP involved!

 

I haven't read all the posts in this thread but I thought I'd share my experiences of tax credits to see if it's of any benefit

 

In Oct 2003 I gave up work to go on maternity leave. We'd started claiming tax credits in august and we were getting a payment through weekly. When she was about 8 weeks old I realised I hadn't notified them of my change of circumstance. I called and told them I was no longer working and gave my baby's birth date. They backpaid some money for me as I qualified for the 'baby element' and upped the general amount they were paying us. They also started paying us working tax credit based on my partner's income. As we had dropped over a third of our combined income and I'd given them the fugures I trusted that the amounts we were now being paid were correct.

Little did I know what I was in for...

 

When the renewal pack came in June/July 2004 I completed it accurately and returned it. In August they stopped our payments without warning and advised us we owed around £3000 back to them.

 

I wrote letters of complaint and appeals but nothing changed. When my son was born in 2005 I didn't bother to notify them since they weren't paying us anyway. By then the local MP was involved and was handling things on my behalf.

Life was pretty damn miserable. As well as looking after two very young children and money being tight, I felt I was being labelled a 'scrounger' by the inland revenue. Every attempt I made to resolve things was thwarted - they just didn't want to know. I found out at some point that they'd recalculated our income based on the wrong figures when I'd made the first call after my daughter was born. They'd actually put our COMBINED income from April until when I called, around January, as £2200!!! What did they think we did for a living??

There was a change of MP due to the election and a second MP handled the case for a few months.

Then I moved house to a new area and a third MP took over.

I was absolutely determined throughout that no way were they going to win against me when it was obviously their error. They finally admitted it was their error but then stuck to their guns saying I should have noticed. I started back at square one trying to explain that as I had dropped such a large percentage of our income I EXPECTED the money to increase and therefore didn't see the need in checking their figures when this did happen.

 

I know this is a long-winded post, but the whole ordeal was so much more so!

Eventually, some time around spring last year, they finally cracked and gave up. They paid me back every penny they had stopped from us and cancelled the outstanding sum. It had been 2 years of stress, hassle and tears, but I'd finally won. Do you know what I did when they called to advise me they'd ruled in my favour? I cried down the phone.

 

If you're in the right, never back down.

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I too used to work in a tax credit call centre and I was so glad when I left as I genuinely felt sorry for so many people who fell victim to this shoddy system, after a year and a half of working there even I failed to understand why a lot of overpayments ocurred, and I had to refer so many cases over.

 

I feel sorry for customers who are expected to understand how these overpayments happened, I am just glad I don't work there now. Even though I know by this thread it is still hapenning, I suppose it's the 'out of sight out of mind' idea.

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Hi Guys

 

I have been reading this thread with interest and note that quite a few people posting on here are actually ex tax credit staff, so I wondered if anyone around could tell me what a "Code of Practice 26" form is.

 

Basically my scenario is, I believe I have always given accurate info, and I check my awards notices, and everything was fine but then a couple of years ago I got two letters saying we have been overpaid. I am going to have dig these out (but it's unlikely I can as it was so long ago). I think one was for £2900 and one for £1500 or thereabouts.

 

I was devastated and I rang up straight away, and the lady I spoke to basically told me to ignore them and that it was just because I hadn't confirmed our end of year salary declarations by the cut off date and so the Renewals dept had terminated our claim. She said this makes you appear to owe all that you have been paid, and so the letter is very standard. She said now I had rung up and confirmed salaries I could just ignore the letters.

 

So we have, and no more letters have ever been received and everything has been fine but..... my hubby got a call out of the blue on his mobile phone last thursday from the tax office. We have no idea where they got this number from, and as he's an HGV driver he cant easily spend time on calls. He rang it from our home number on Friday evening and it was the tax office saying we owe £4500 from 2004\2005, which we believe must be the two letters I was told to ignore.

 

He told them this, and he also told them (correctly) that we have had no letters since, and that I just keep confirming our earnings and the cost of childcare, and that I have spoken to the tax office several times since and no one has ever mentioned anything.

 

This must be a mistake because we owe nothing, but the lady at the Tax Office said they never send any further notices, and they just send the initial letters (sent over two years ago) and that they are now going to take us to court, or... we give all our outgoing details (mortage, poll tax, food etc) and we come to an arrangement!?!

 

We can't possibly owe this and I so rung up yesterday, and spoke to the Tax Office again and basically I told her the full story about the letters and what i was told previously (ignore letters, these are sent as standard if you don't renew in time) and she seemed to agree with me, and said she could see on their system the letters were sent, but then she could see that I subsequently confirmed the salaries, and everything had been fine since.

 

She said she would send me a "Code of Practice 26" form to fill in, and while it's all "in dispute" it's probably best if the payments were suspended.

 

I have told them they can willingly stop the payments because I don't want to get any further money which will just be demanded back again.

 

Anyway, I am now wondering if a "Code of practice 26" a document that allows me to complain and dispute the way my tax credits have been handled, (which is how it was made to sound to me over the phone yesterday), or.... is it something else that will just continue to lead to me paying back £4500 that I don't owe.

 

Any advice appreciated....

 

Thanks

 

Danielles Mum

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tax credit overpayment

 

 

Please visit this site.

 

just took a look at the site, we would love to have something like this that we can refer our clients to although it must be said that the design with all the bright colours and pictures is very off-putting.

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