DWP Dea overpayment of tax credits or UC from yrs ago! **RESOLVED BY MP**

[London1971]

Ok something I don't understand . In your case they have gone from 0-100 in 2 seconds, it doesn't make any sense whatsoever. Straight from writing to you to an AOE in 3 weeks ?!!!

 

Firstly you have a right to appeal this decision within 30 days. Looks like they haven't paid any attention to that.

 

Also please look at the Tax Credit office 'COP 26', https://www.gov.uk/government/publications/tax-credits-what-happens-if-youve-been-paid-too-much-cop26

 

. Special interest to you is on page 16. If your partner has left you, you , you will not have to pay back more than half. That is their own code of practice ! Ohh and once I'd received the SAR data, there were holes in it wide enough to fly a plane through!

 

If it makes you feel better I got them to shove their £12k overpayment where the sun doesn't shine.

 

Sorry to say, I'm not very impressed with your employer either!

 

Regards

 

Jonathan

[London1971]

It's also good to know that none of this will affect your credit rating!

 

Also if you now made a claim for Tax Credits and were entitled to even just a fiver a week they would stop chasing you and start deducting from your award. That's how utterly broken the system is!

 

Might be worth considering as a quick way to get them off your back!

[London1971]

Or your other way of stopping them is working in a self employed position, they will not be able to / are not allowed by law to deduct anything from your income. You would also be in a position of being able to make a claim also!

[London1971]

They really have cut off their nose here to spite their face

 

This is an utterly broken system, no one informed you of your rights to dispute which would have stopped you losing your job in the first place. Now someone doing an incredibly important role in society is out of a job. Good stuff DWP!!!

 

What can you do about this?

 

1. Can you work as self employed? If you register as self employed, you will possibly be entitled to Tax Credits, they will then be off your back. In that situation they will be unable to take money from your income as this is illegal. Also they will begin taking what you owe off your payments. They only need to take a certain percentage so you will still receive money.

 

2. How long were you working with your previous employer, more than 2 yrs? then you have certain rights!

 

3. Simply apply for another job, it's going to be a while before they come to any decision and there will be no deductions made until then, if ever.

[London1971]

It takes a while to hear anything off them, they move like molasses!

 

Good on you going to your MP too!

 

The DWP have caused a key worker to lose their job, without due process ! Hopefully your MP can help. Keep us posted!

[London1971]

To forewarn you the SAR will be hundreds of pages long. First place I looked was the phone call section, and the notes made by the call centre operative. Within about 5 minutes I had found that a call they claimed had happened giving an income declaration , never took place. Not only that they inflated my salary by £6000.

 

Did you inform them that your ex partner left? If you did there should be evidence on the SAR. Right there you would have cut what you owe in half! Even if you didn't they need to be chasing him for half of this overpayment!

[London1971]

Ok, that sounds excellent, but don't forget to keep your own appeal going too, and don't be afraid to follow up with your MP if nothing heard in the next 2 weeks

[London1971]

Excellent news and a pleasure to be of help!!

 

The tax credit system is utterly broken. I'd not be surprised if there have been suicides over these 'overpayments'. Working people and families are being terrorised by these demands.

 

In my opinion the process of appeal should be a lot clearer, and as for taking someone's earnings? This should be as a last resort? It's hard to believe they were so rapid in your case. You are right to ask for further compensation or at the very least receive an apology! Perhaps your MP could be of further assistance?