Tax Credit Appeal or dispute

[gipop]

I am after some advice on how to proceed with HMRC.

My wife has been claiming tax credits as a single person, whist I have been living at the same address, in 2010 HMRC did a TAX credit check and my wife informed of the situation that due to financial circumstances we were separated but still living in the same house.

They accepted this and continued to pay tax credits to my wife as a single person.

In Jan this year they sent a letter stating that they had done some checked using a credit ref agency which showed that I was living at the address and they needed more info.

After several communications with the TCO they have now decided that we need to repay all tax credit s since 2010.

The person dealing with the latest check could not see any signs of the previous check on her system stating that it must have been archived.

We submitted an appeal and HMRC have come back to say that as i was living at the address it should have been a joint claim.

No ref has been made to the previous check.

The form gives 3 choices:

Agree with the decision and that i wish to settle the appeal

Disagree with the decision but still wish to settle the appeal

disagree with the decision and proceed to appeal tribunal

 

given the above is there any point proceeding with an appeal to tribunal

should i instead submit an dispute

Any advice appreciated

[gipop]

Hi need some advice, currently dealing with a demand for payment re tax credit overpayment and have requested some information from archived files under a subject access request. Despite acknowledging receipt of the request HMRC have not provide any of the information required and the 40 day deadline has long passed. Can I use the template letter before action from the bank charges forum, are HMRC covered by section 7 of the data protection act? If not could anyone point me in the direction of the correct template.

[ims21]

HMRC is covered by the DPA

 

Read here

 

http://www.hmrc.gov.uk/leaflets/dp-fs1.htm

[ims21]

Template here but will need amending

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[gipop]

Hi looking for some advice, have just been landed with a overpayment bill of £18,000 an appeal and dispute have failed, and i am expecting a demand for payment any day, what can I expect, We have no money left at the end of the month as it is, will HMRC send in bailiffs, can and will they make me bankrupt, we have no assets except our house which would struggle to make the money we paid for it if the house went to auction as a result of bankruptcy. I am mature student so have no income and my partner works full time but we barely make end meet each month, any advice would be great.

[blondebubbles]

£18000?! Do you know the reason for the overpayment. Youre best not to just ignore it. Have you called to ask about repayment options?

[moneycantbuyyoulove]

they won't make you sell your house. they have a hardship office and if you phone up and talk to the repayment people they can be quite helpful. They'll look at how much you spend - they'll ask for your food bill etc. They didn't quibble over how much I spent on food, either, although they did say it was higher than the average. I'd say that if they think you are a scrounger they can be quite mean but if they think you are a genuine individual they can be really quite nice. Fingers crossed you get someone reasonable.

 

I don't know what happens if you're appeal fails and you think you have a genuine case. Presumably you can complain? Talk to CAB.