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Child Tax Overpayment !!! - Help!!


Jedguard
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Hi all,

I have just come off the phone with a jumped up little so and so from HM Tax "Helpline" as I received a notice to pay of £1,545.52 for overpayment of Child Tax Credits! ....

My partner and I are out of work on JSA and my partner moved in full time in Dec 2009 (around Xmas day) I notified the Tax by the “helpline” and thought nothing of it. I then didn’t receive the pack in June to reclaim so phoned them and they sent one out a few days later, once I received it I phoned them back and explained that my partner wasn’t on the forms even though we had informed them, they said not to worry to fill out the form with his details on it. whilst they would be waiting for the re-claim they informed me that they would stop the child tax credits until the new claim had been processed, on benefits that is not an easy feet to manage (-£97 a week!)

I duly did so and filled everything out and returned it to them the same day, and waited for their response.

A few weeks went by and after phoning up a few times I had been finally told it had been processed and they would write to me – I received a letter stating that the new claim had been authorised. The money went up around £5! And they were backdating it to the time of them stopping the money for the new claim –great I thought!

However I just received this letter stating due to the reclaim I have an overpayment of £1,525.52.

I rang the “helpline” and I was told that as I didn’t inform them of my partner moving in so I owed them the overpayment until the re-claim. – I told him that I had phoned in Jan and told them that my partner had moved in. He then said that I “hadn’t phoned as all the calls are in front of him and there isn’t one stating that a new partner had moved in!” – I asked if he was calling me a liar and he said “can you prove you called in?” “No” I replied” – “Then these are the facts!” what he had in front of him?

(After telling him not to talk down to me as even though I’m out of work now I am more educated than he is!) I asked him to send me a breakdown of the claim that I have been paid and what I should have been paid and in actual fatc I am actually being paid more now than previously so don’t they owe us? He then laughed!!!! And said “look at your bank statements and you will see what you have been paid!”....... You can imagine now I’m angry! – he said that basically because I have no proof of phoning and informing them that my partner moved in I owe them the back pay – even though I would have been entitled to the amount (and more) because I didn’t (apparently) inform them I now owe them the money!

Can anyone help with where I stand with this as I am at a loss – if I was making a fraudulent claim surely I would have carried on? Why then should I pay back this amount as I would have been entitled to it, actually more!

Anyone with any response or help with this as this makes sense in my head but not apparently in the HM Revenue’s?

Thank you in advance – sorry for the long drawn out version!

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Hi

 

The person you got seems to be a little sharp on the phone.

 

Here is teh facts , he did not have the hpne calls infornt of him on the screen as a advisor is not allowed access to any recorded phone call. The only thing he will see on the screen is the notes from the last advisors.

 

Now as you have said you informed them of this change, if you can remember the dates you phoned, the main tax credit overpayment office can go into your call and listen to it but dont woory too much if you cant remember as all calls are recorded and allocated a identifier number so as part of your appeal request that they listen to all your calls from date x to date x.

 

Now if those conversations prove you told them of this change etc then you have a good chance of not needing to pay the overpayment but again dont take my word for it.

 

get your phone company to give you a full itemised bill with all numbers on so you can get the correct date then write to the tax credit office to request that they look at it , not point asking a adviser over the phone to do this as they dont have any access to the conversation.

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Hello Jedguard,

 

I am not one of the more experienced people on here however I might just be able to help.

 

Last year myself and partner were in the 2nd year of receiving our child tax credits, we filled in all the paper work as normal and sent it off, we then got more paper work, keeping a copy of everything as a paper trail, in the end we must have had 5 or 6 child tax forms sent to us, each time we checked all the details, disputed any problems we found and finally the forms stopped.

I was running low on money and had to pay 40 pounds to be a problem with my car sorted - i'd done a deal with the garage to pay for the repairs as i simply couldn't afford them in one go.

By pure chance I went to get my car and due to me and the mechanic\owner talking i forgot to pay - good job we got on well, it was a pure accident, when I got home he called me and said just come and pay tomorrow, great I thought.

I logged onto my online banking wondering if i had enough money to put some fuel in my car, at first I thought it said 40 pounds, I logged out thinking I can't have that?!?! maybe 40p lol!, logged back in I didn't have 40 pounds I had 4554.72 or close enough I was almost sick over my laptop. I had received a payment of over 4 grand as tax credits.

Now i'm not eligible for tax credits working or otherwise, so I rang up the help line and gave all my details and simply asked 'are all my details with you correct and upto date?' myself and the lady from the helpline who was very helpful went through all my details and everything was fine, she said 'all your details are fine Mr 7790'.

I come off the phone and did a little dance, then waited for the other half to come home, I told her and she said ' ive had 956 put into my account'.

What did we do as money lovers, we spent hard! no joke! I got paid the following day and sooner than you know had almost 6000 to play with.

I traded in my old car bought my current car, the OH bought a new wardrobe of clothes, we sorted our son out all sorts.

 

Then came a letter... we have over payed you by xxxxxx amount.. uh..oh.

 

We got all our paper work out and scrutinised it, we hadn't lied, whats the point, all our details were correct, sums added up, everything was ok at our end.

 

The next 2 months were both a bit of hell and nervewrecking at the same time, lots of phone calls, emails we had a ton of new letters from the tax credits office trying to explain what happened.

 

Then! they key to it all, the little booklet you get, turn to the back... complaints procedure, this little baby made our day.

 

I cant remember the wording but it states something like if we have made an error you wont have to pay anything back, so... we complained like crazy, in the end we had somebody assigned to us to investigate the matter.

 

We were bricking it! everybody, friends, family telling us you'll have to pay that back...

 

a month later the dreaded letter arrives, not only had the investigation gone in our favour, we were able to keep all the money, apparently whilst the OH was on the phone to somebody sorting her details out he/she clicked the wrong box hence the huge over payment, they admitted letting us down and would strive to not let it happen again.

 

Now whilst my case is nothing like yours apart form the over payment, you must complain! and follow it through, it is their mistake not yours! like it says in the leaflet you will have got, if we have made the mistake, you owe us nothing.

 

If you need any help let me know, I have all the paperwork from my tax credits problem and if I can keep the money because of them, then so should you be able to.

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Hello Jedguard,

 

I am not one of the more experienced people on here however I might just be able to help.

 

Last year myself and partner were in the 2nd year of receiving our child tax credits, we filled in all the paper work as normal and sent it off, we then got more paper work, keeping a copy of everything as a paper trail, in the end we must have had 5 or 6 child tax forms sent to us, each time we checked all the details, disputed any problems we found and finally the forms stopped.

I was running low on money and had to pay 40 pounds to be a problem with my car sorted - i'd done a deal with the garage to pay for the repairs as i simply couldn't afford them in one go.

By pure chance I went to get my car and due to me and the mechanic\owner talking i forgot to pay - good job we got on well, it was a pure accident, when I got home he called me and said just come and pay tomorrow, great I thought.

I logged onto my online banking wondering if i had enough money to put some fuel in my car, at first I thought it said 40 pounds, I logged out thinking I can't have that?!?! maybe 40p lol!, logged back in I didn't have 40 pounds I had 4554.72 or close enough I was almost sick over my laptop. I had received a payment of over 4 grand as tax credits.

Now i'm not eligible for tax credits working or otherwise, so I rang up the help line and gave all my details and simply asked 'are all my details with you correct and upto date?' myself and the lady from the helpline who was very helpful went through all my details and everything was fine, she said 'all your details are fine Mr 7790'.

I come off the phone and did a little dance, then waited for the other half to come home, I told her and she said ' ive had 956 put into my account'.

What did we do as money lovers, we spent hard! no joke! I got paid the following day and sooner than you know had almost 6000 to play with.

I traded in my old car bought my current car, the OH bought a new wardrobe of clothes, we sorted our son out all sorts.

 

Then came a letter... we have over payed you by xxxxxx amount.. uh..oh.

 

We got all our paper work out and scrutinised it, we hadn't lied, whats the point, all our details were correct, sums added up, everything was ok at our end.

 

The next 2 months were both a bit of hell and nervewrecking at the same time, lots of phone calls, emails we had a ton of new letters from the tax credits office trying to explain what happened.

 

Then! they key to it all, the little booklet you get, turn to the back... complaints procedure, this little baby made our day.

 

I cant remember the wording but it states something like if we have made an error you wont have to pay anything back, so... we complained like crazy, in the end we had somebody assigned to us to investigate the matter.

 

We were bricking it! everybody, friends, family telling us you'll have to pay that back...

 

a month later the dreaded letter arrives, not only had the investigation gone in our favour, we were able to keep all the money, apparently whilst the OH was on the phone to somebody sorting her details out he/she clicked the wrong box hence the huge over payment, they admitted letting us down and would strive to not let it happen again.

 

Now whilst my case is nothing like yours apart form the over payment, you must complain! and follow it through, it is their mistake not yours! like it says in the leaflet you will have got, if we have made the mistake, you owe us nothing.

 

If you need any help let me know, I have all the paperwork from my tax credits problem and if I can keep the money because of them, then so should you be able to.

 

That's good. You spent most of the money received in error as part of child tax credits on personal stuff and not for your son. Maybe you should have kept hold of that or maybe put into a savings account for your son.

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That's good. You spent most of the money received in error as part of child tax credits on personal stuff and not for your son. Maybe you should have kept hold of that or maybe put into a savings account for your son.
Thats a bit harsh isnt it?
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We did spend on our son, I just didn't tell you what we spent it on not really any of your business really, tbh that isnt important, the point i was trying to make was that if you can find an error that the tax credits department have made then there is a damned good chance you wont have to pay it back.

Believe me, we make sure our son has everything he needs and more, but also if myself or my OH would like something and since the money was there I see no problem in that.

Furthermore you have no idea in relation to my personal circumstances, but thanks for your input and I hope you carry on contributing in a positive way :)

Edited by stevo7790
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We did spend on our son, I just didn't tell you what we spent it on not really any of your business really, tbh that isnt important, the point i was trying to make was that if you can find an error that the tax credits department have made then there is a damned good chance you wont have to pay it back.

Believe me, we make sure our son has everything he needs and more, but also if myself or my OH would like something and since the money was there I see no problem in that.

Furthermore you have no idea in relation to my personal circumstances, but thanks for your input and I hope you carry on contributing in a positive way :)

Well said :wink:

Its nobody elses business what you spend your money on

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We did spend on our son, I just didn't tell you what we spent it on not really any of your business really, tbh that isnt important, the point i was trying to make was that if you can find an error that the tax credits department have made then there is a damned good chance you wont have to pay it back.

Believe me, we make sure our son has everything he needs and more, but also if myself or my OH would like something and since the money was there I see no problem in that.

Furthermore you have no idea in relation to my personal circumstances, but thanks for your input and I hope you carry on contributing in a positive way :)

 

I am sorry that I it seemed that I was try to but into your private spending. I just got quite annoyed with the whole benefit thing with what is happening to me with the JSA and other people being worse treated. Far dos that you got the money in error just got caught up on what the money was indented for.

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Greer 8472,

 

I appreciate your reply and I know what a mess the benefit system is in, I've been there and got the t-shirt.

 

I didn't mean to come across as if I was bragging, if I did then I do apologise. No hard feelings?

 

The only reason I commented in the 1st place was that we have received an overpayment that was not caused by a mistake by us and in the T&C's it states if the mistake was made by us ( tax credits ) you will not be liable for repayment.

That was our response when we fought them trying to get us to pay it back.

We would have payed it back if it was found to be our fault - just glad I dont have to think about it now.

 

I wonder if the OP has got any further with this yet.

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