Tax Credit Overpayment and Advantis

[bitemarx]

I was receiving tax credits roughly between late 2012 and mid 2014.

Around early 2014, HMRC wrote to me asking for identification documents for my older child (possibly both children, I don't clearly recall, unfortunately), but I was not able to submit this due to the fact that my older child's passport (not british) had expired. Nevertheless, I sent this passport to HMRC in the hope that they would accept it. They did not

I had to send the passport away for renewal, and I confess that I did not get on this immediately; it may have been a few months later that I sent it, because I was moving from one city to another while being unemployed.

I eventually got around to getting the passport renewed and sent it to hmrc, but they rejected it stating that the deadline had passed (or something) and the matter had now become an overpayment of £4400 which they intended to reclaim.

I sent various letters and made some phone calls over a matter of months to explain to them that this overpayment is not a valid overpayment since the child exists!

HMRC will not budge from repealing this "overpayment" decision and intend to reclaim it from me.

They passed it on to ADVANTIS who contacted me through various channels for a few months, after which they sent a letter stating that collection activity on my account had ceased and the account has been passed back to HMRC.

Again, I contacted HMRC but they are adamant that this overpayment will have to paid back no matter what the circumstances.

I make close to £1200 a month, and have no other source of income than the full time job that I have now. My spouse does not work. I get no benefits, except child benefit which goes to my spouse.

I have recently sent a 'dispute' to HMRC which they have rejected stating that the three month period is over. Today, I have sent two more letters, viz. a complaint and a letter stating that there has been an official error.

(I attach the wording of the letters to this post. Please could someone comment on this and advise if I need to include more detail?)

In the meantime, I have also sent an application for tax credits since I am seriously on the brink of a situation where the basic necessities of the household may be affected. This application has not even had an acknowledgment sent to me! And when I spoke to them about it via telephone, they say that no application was received.

If the HMRC do not respond or remedy this, I plan to go to the independent adjudicator, and then the ombudsman =, if necessary.

ANy thoughts, advice would be immensely helpful!

Official Error Letter for CAG forum upload.pdf

[smokiejoe]

https://www.gov.uk/tax-credits-appeals-complaints/dispute-tax-credits-overpayment follow the guidance.

[TaxHero]

My advice would be to send a complaint letter to HMRC and see what happens. You are a long way from the adjudicator or ombudsman as HMRCs complaints process must be exhausted.

 

In the meantime HMRC can chase the debt so you should ask them to put it on hold.

 

With regard to the ID the adjudicator would unlikely find in your favor as HMRC can ask for valid ID and you must have valid ID with them within 30 days.

 

First step is to put the word COMPLAINT in bold at the top of your letter and send to HMRC.

 

Step 2 is to ask for it to be looked at again.

 

Step 3 is a review by the team in Belfast.

 

Only then can you consider the adjudicator.

[bitemarx]

My advice would be to send a complaint letter to HMRC and see what happens. You are a long way from the adjudicator or ombudsman as HMRCs complaints process must be exhausted.

 

In the meantime HMRC can chase the debt so you should ask them to put it on hold.

 

With regard to the ID the adjudicator would unlikely find in your favor as HMRC can ask for valid ID and you must have valid ID with them within 30 days.

 

First step is to put the word COMPLAINT in bold at the top of your letter and send to HMRC.

 

Step 2 is to ask for it to be looked at again.

 

Step 3 is a review by the team in Belfast.

 

Only then can you consider the adjudicator.

 

 

 

Thank you for your reply!

 

I've received a letter from HMRC in response to my complaint.

 

I'm attaching it to this post.

 

At this stage, do I write back and ask for this to be looked at again?

 

Also, is there a particular format to request the HMRC to stop collection acitivity on this debt?

[smokiejoe]

As 2#, https://www.gov.uk/tax-credits-appeals-complaints/disagree-with-a-tax-credits-decision, follow the guidance for asking for Mandatory Reconsideration, but you will likely be told you are outside the timescale if you can't show good reason for not acting within them. Then if necessary follow the appeal process. They may consider reducing the repayment amounts in the meantime, but they are unlikely to put them on hold.