| T O P I C R E V I E W |
| pigletlove |
Posted - 20/01/2009 : 20:16:38
Hi, sorry another question about the overpayment for £1298 that i have recently paid back to the tcc, having recently reviewed the paperwork i find that the overpayment was only for 4 april 2004 untill july 15 2004 then i stopped my claim as an individual and changed it to a joint one, i dont know if anyone will have any ideas about this but how was i overpaid by that much in 4 months,i agree i earned more that year than the previous year, but how come they have never asked me for my now ex's income only mine for the whole year, have i paid back for the whole year? or just the 4 months it says on the letter? i'm in 2 minds whether to ask for an explaination incase they then look in to it and decide i owe even more money as they didn't check the joint claim? i already have another overpayment from 2003 i am disputing and cannot afford more repayments
any ideas or advice would be grateful |
| 4 L A T E S T R E P L I E S (Newest First) |
| missfroy2 |
Posted - 21/01/2009 : 14:39:58
You are correct, HMRC cannot and do not have the facility to cross recover from a single to a joint claim.
I would advise that you seek some advice - somebody like taxaid, litrg or CAB.
First you need to work out whether HMRC have given you correct information and that they have the causes of overpayment right. Once you know that then you can look at disputing.
There are far more questions than answers at present.
Good luck.
MF2 |
| pigletlove |
Posted - 21/01/2009 : 10:07:44
no, i didn't choose to pay it myself, in 2007 they sent me a form to check my 2004/2005 and 2006/2007 income and then they sent me the demand for 1215 they said the rest of it had been paid back by reducing my payments, that i didn't understand as how could they reduce my payments when i changed my claim to a joint one in july 2004, i thought they couldn't do that if you started a new claim. the 2003/2004 i had recived in 2004 and set up a payment plan with them but they failed to take the money and my mum was ill that year so i didn't check up on it and they never sent me a reminder or anything untill a week ago when i get a demand for 1743.45, which i am disputing as on the phone they told me i told them my income was 18000 that year and on another award letter i have it says my income for 2003-2004 was only 15333 but i havn't got my p60 for that year so am looking into that at the moment.
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| missfroy2 |
Posted - 21/01/2009 : 00:08:11
They always ask for annual income - it is then apportioned based on the period of the actual award.
So if your single claim ran from April 2004 - July 2004 - only your income is relevant to that as it was a single claim. Say your income was £12000 - only 1/3 would be used in the actual calculation because the award only lasted 1/3 of the tax year. That is a very simplified example. In actual fact, awards are calculated on a daily basis, but I hope it explains it. They would always ask for the annual figure though, because earnings are spread out evenly across the year.
If you, for example, were to earn £10,000 in the first 4 months of the year and then nothing the rest of the year - the £10,000 would be spread across the whole tax year for the purposes of tax credits.
First you need to check whether you actually received £1298 in that 4 month period.
The cause of the overpayment could be anything - one possibility is that because you ended the award, you failed to fill in the declaration forms for the single claim because you had started a new joint claim. That is a fairly common cause.
The other cause could be income. If you did complete the declaration forms it could be your income was higher than the award was based on originally. When tax credits started 2003/2004 awards were based on 2001/2002 income, so it is entirely possible that for those 4 months from April 2004 you were still being paid on 2001/2002 income and they didn't correct it until much later.
Certainly worth checking. It is probable (although not definate) that this overpayment and your 2003-2004 might be the same cause. If you have paid this overpayment back and it is written off, you should be refunded the money.
One thing that strikes me as odd is why this overpayment has been paid back before a 2003-2004. Did you chose to pay it yourself?
MF2 |
| Alan the Geordie |
Posted - 20/01/2009 : 22:15:58
Hello
Have you asked for / received your SAR stuff yet? This is copies of all that nhas gone on between you & HMRC Tax Credits & includes recordings on CDs of telephone conversations you've had with them plus a mountain of paper showing all that has been going on.
Until you do get this stuff, we're all just groping around in the dark trying in vain to find an answer.
The paperwork that you receive from them will probably seem like double Dutch to you, but we have some cleverfolk here who can decipher it for you.
"The best way to take control over a people and control them utterly is to take a little of their freedom at a time, to erode rights by a thousand tiny and almost imperceptible
reductions. In this way the people will not see those rights and freedoms being removed until past the point at which these changes cannot be reversed."
Adolf Hitler |
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