Received a letter re Tax credit overpayment from 2010-14 - sar had no data! *** Written Off***

[shieldblaster]

Hi

I'm hoping someone can give me some advice re. the above.

I received a letter a few weeks ago saying that I had been overpaid a total of just over £4000 in tax credits.  I did reply asking for proof of these overpayments and a SAR. 

All I've received so far is a reply to my letter  just stating the amounts owed and to ring them to organise repayment, and from the SAR I received a single page letter with 6 phone calls that were made back then.

My questions are why have they left it so long to pursue this? And do they not have to provide any proof at all as any records I had have long gone? I would be astounded if thats the case because they could go after any tom,dick or harry for whatever they want!

Many thanks in advance

Edited August 4, 2023 by shieldblaster
Spelling

[shieldblaster]

Hi dx100uk

Thank you for replying. That's my understanding but they seem to ignore any requests for proof. Can you suggest what I might be able to do for the next step? 

[shieldblaster]

I've received another letter from HMRC repeating what they stated in the previous one.

I've replied stating that I dont consider one sheet of paper with 6 recorded phone calls on it proof or evidence that I owe this money so just knocked it back in their court. 

I have said that I'll be making a formal complaint so as to start the process of getting an adjudicator involved if needed. 

I'll update this thread as and when so that it might help someone else dealing with this people.

[shieldblaster]

That's interesting

[shieldblaster]

this is still ongoing.

A few weeks ago I received a full SAR response which included all letters, notices etc.

I've searched through them and cant find any copies of notices of overpayment which I'm lead to believe that they are supposed to provide within one month of the claim closing.

I've also raised a first tier complaint pointing this out but all I got back was yet another letter stating the amounts I allegedly owe blah blah blah.

I've now (hopefully) raised a tier 2 complaint asking them once again for evidence of these overpayments, not just their belief that I do, and hopefully get to put my case in front of an independent adjudicator.

All I want is evidence of these overpayments, not just their say so

[shieldblaster]

Thank you

[shieldblaster]

I thought I'd open this thread again to let others in a similar situation know what has happened since my tier 2 complaint.

I received an email today from an independent adjudicator. I've included the most relevant responses and, as you can see, I was successful in my complaint

"It is clear there were unacceptable delays in us contacting you about your overpayments
and replying to your complaint. This poor service led to unnecessary worry and distress. I am sorry for this and to apologise for the concern caused"

"On 12 February 2024 the tax credit system automatically written off all of your outstanding tax credit overpayments"

Hopefully this will help inspire others to keep going and fight your case.

 

Edited May 8 by shieldblaster
Word missing

[shieldblaster]

Thank you. I would also like to thank the contributors to this thread. Particularly dx100uk for his/her? Support