HMRC Overpayment??

[tired mommy x]

Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00. 

 

Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010. 

 

My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.

 

I immediately issued a letter stating I didn't agree with the amount being claimed.

I didn't think it was an over payment. 

 

We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago. 

I requested they obtain copies of all correspondence from 2017 and send me a copy.

 

On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount. 

 

The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended.

 

On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers.

 

 

On 06/04/2020 I received a letter thanking me for my letter of the 17th March. 

They attached a sheet detailing the over payments that they were claiming. 

Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.

 

2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62

 

My husband has received an identical letter with the same figures on.

 

I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.

 

Do I now contact HMRC and continue to argue this out with them?

Can they legally take money from my wages even though I am disputing this?

Does me not signing a form constitute them being able to recover everything I have been paid?

 

My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.

 

Can anyone advise me of where I go from here?

Thanks in advance of any help anyone can give me

 

[honeybee13]

Hi.

 

Have you sent an SAR to the Revenue?

 

HB

[London1971]

I'd just leave it , for now. They are dealing with a whole world of other issues and I'd be surprised if this reactivates in the next 12 months, if ever.

[dx100uk]

yes pop up on the HMRC website and fill out their SAR.

be prepared

 

plenty of like threads here to read also

use our search top right...HMRC SAR

[tired mommy x]

I sent them an SAR back in 2016 when this started.  I had 6 parcels delivered which had roughly a thousand or more sheets inside each parcel which are just screenshots of computer screens.  Copy after copy is just the same thing. They mean absolutely nothing to me at all.

 

I have now found the award notices for most of the years we have claimed.  Some of them say that they are amended awards but there are figures on there which say amounts have been reclaimed.  I am going to go through them year by year and try and see if I can get the figures to match what they are claiming.

 

The only thing I am unable to locate is the last letter from them saying the reclaim was due to us not sending in a completed form.  If I ask them for specific correspondence from a certain date, would they send it without sending me the whole lot again?

 

Thanks in advance.

[unclebulgaria67]

Yes you can ask them for a copy of the original decision letter stating the over-payment amount and also ask them to provide a breakdown calculation of the over-payment amount, with an explanation of why they believe it is owed.

[tired mommy x]

I have sent the letter off today. 

Lets wait and see what it brings. 

 

I have also asked for an address of an independent body to complain to. 

Is there such a thing? 

Thanks for you help.

[unclebulgaria67]

HMRC complaints process.  There is an adjudicator as you will see.

 

https://www.gov.uk/complain-about-hmrc

[tired mommy x]

We are back on with this again.  Received a notification that the deduction from my wages has to commence immediately.  Pity they obviously haven't read my previous letter to advise I was made redundant at the end of July.

 

Curt reply to my previous request for the breakdown of the calculation for the over payment.

 

Crested the Government Gateway ID ready to make the complaint if I don't get the info I have requested.

 

Not exactly sure who I am dealing with now. 

I have been requesting information from Preston but the latest reply has come from BX9 1ER so I have sent a copy to everyone. 

 

This just says they have sent a final decision notice during the relevant tax years with the details of the over payment and they consider 3 months to be a reasonable time to contest it.

 

  I had 3 month to dispute it. 

As the date has now past, they will not consider my dispute and will ask for the money back. 

 

That's not me being brief with details, it is more or less word for word what it says.

 

I cannot believe how unhelpful these people are.

[London1971]

Can't do an AOE for unemployed, Self Employed or member of the Armed Forces. Tough Crappola on them