HMR&C claiming Working / Child Tax Credit Repayment: six years due.

[Grotesque]

Hi fellow CAGgers. I'm pretty active over on the Public Transport Forum... (http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?161-Public-transport-(Trains-tubes-and-buses))

...but this is the first time I've ventured into foreign parts Yes, I know what you're thinking... "He's only here now he needs something!" ...apologies

 

Anyway, some advice, if possible?

 

Today my better half received a NTP from HMR&C: 'We have sent you a notice showing an overpayment of tax credits for the period ending 05/04/2005'.

 

£3,000+ for Working Tax Credits

£700+ for Child Tax Credits

(Actual total= £4,000+)

 

She says she was informed around that period of owing about £11,000 (!!!) in overpayments, but she discussed in with the Revenue then, and was informed that if she stopped claiming from that point, it would be cancel itself out, or words to that effect.

This would be reference to the fact that at the time, her two youngest children would have been 11 and 15 years old, so some years of entitlement could have still been due to her. So she cancelled and has received to TC's ever since.

 

Of course this conversation took place on the phone, nothing written down or recorded in writing (apparently).

I have suggested to her she immediately requests an exact breakdown of the monies owed, and the why's and when's- can she do that? The letter she received looks like page one of a phone bill: no detail at all.

 

If anyone can offer me advice oon our next move, it woould be greatly appreciated. Links, case law, template letters too, if available? There's plenty more urgent cases than ours on this site, so as long as I'm pointed in the right direction, I should be able to work things out for myself.

 

Thanks for your time and attention CAGgers... keep up the good work!

[ErikaPNP]

Tax credit do keep recordings of telephone conversations, so it's worth submitting a SAR for these. I've requested a few SAR's for myself and others, and got them going back to 2003 at the earliest. In all cases I've dealt with, they returned the £10 after they'd done the SAR, advising that they do not charge for the service.

 

Send your SAR to the following address, but make it clear that you want all information about your clai, including record prints and audio copies of telephone recordings. If you don't make it clear, they'll likely just send you paper information.

 

HM Revenue & Customs – Tax Credits

Subject Access Request Team

Floor 1 Area E, St Marks House

Stanley Street

Preston

Lancashire

PR1 4AT

 

Here is a link to all tax credit manuals.

[Grotesque]

Thanks for that. The SAR template appears to be specific for a bank, I'll change it to include "record prints and audio copies of telephone recordings" as you suggest; any other alterations you'd recommend specific to these cases?

Thanks anyway!

[ErikaPNP]

The below is all that is needed. Take out the bit in red - that's just for your information. Enclose a cheque/postal order for £10 and send - preferably by trackable means (signed for). Tracked postage costs more, but worth the peace of mind. Tip - if you both sign it, you'll receive more info. I've seen them remove info or not include info relating to partners of the main claimant, but they should not do this unless the partnership has ended.

 

Address

date

National insurance number

 

Dear Sir/Madam,

 

I write pursuant to Section 7 of the Data Protection Act 1998 and enclose a cheque/postal order (delete as applicable) payment of £10; the maximum prescribed under the Act.

 

I require that you forward me copies of all information held in regard to my Tax Credit claim, for the duration of the claim. This includes all computerised and clerical records, in addition to copies of audio recordings of telephone discussions with Tax Credits, preferably in CD format. (if this format is suitable to you - I know they can supply CD's, but am not certain on other formats).

 

Whilst I appreciate the Act allows you 40 days from the date of this request to fulfil your obligation, I look forward to receiving the above at your earliest convenience.

 

yours sincerely

 

sign

[Grotesque]

Excellent. Cheers, Short and simple. I take it, then, that this is not the time to mention the reason for the request? I.e., that she has recently received a demand, etc, etc?

But thanks for your help... I can see WHY people come here now!

[ErikaPNP]

Nope. You are not required to give a reason, and frankly I'd suggest that you don't. You only need to sign the letter if you have always claimed with her as a joint claimant. If you never have, you don't need to sign it. If you have submitted a joint claim since the overpayment arose, it's a seperate claim and she should specify in the SAR that she is requesting information specific to that claim or to all claims. (otherwise they'll just send her information for her current claim).

 

She should send a seperate letter to the address on the letter she has received stating that she disputes the overpayment and request a breakdown of it and how it arose. She shouldn't mention she's sent a SAR to another tax credit office at this point. The word may filter though - but that's for them to do. The less she says, the better at this stage - until she has received the SAR response in full. Note that they will probably send the computer/clerical records first and then the CD's, as they come from different departments, so don't worry if you don't get the CD's in the first bundle.

[Grotesque]

Thanks for the advice. Letters out tomorrow, Donation sent. Cheers.

[ErikaPNP]

Thank you - let us know how it goes.

[Grotesque]

Don't worry- sure I'll be back before this is over! Now I've found my way beyond the cloisters of the Public Transport sub-forum! lol