Tax Credit Casualties Forum
Tax Credit Casualties Forum
Home | Profile | Active Topics | Active Polls | Members | Private Messages | Search | FAQ
Username:
Password:
Save Password
Forgot your Password?

 All Forums
 Tax Credit Overpayments
 Questions, Answers and Cases
 Over payments help please
 Forum Locked
 Printer Friendly
Author Previous Topic Topic Next Topic  

tomjones333
Rank; Hector Tax Inspector


United Kingdom
6 Posts

Posted - 12/11/2010 :  13:32:33  Show Profile Send tomjones333 a Private Message
Help:
I applied for tax credits in 2004 via there online service, It asked as to my wage which I put 220 and my hoours worked 37, the same for my wife. They then contacted me in 2007 saying they had over payed me as they took it that I was earning 220 a year for working 37 hours a week the same for my wife: I had disputed this but they said you didnt say it was wrong (How would I no) then I get my MP to write to them and they say its my fault and I owe 2700, I have three letters asking for this amount, Today I phone to see about paying it and they say Oh now you owe 5500, I say that the letters say 2700 but they just say nup its 5500. what can I do I need a solisitor or accountant to sort this out, Ive have been treated with ansiety and depresion for the last three years and this is the final straw where do I turn

Edited by - tomjones333 on 12/11/2010 13:35:30

Google AdSense

USA
Mountain View


samthe
Mod



341 Posts

Posted - 12/11/2010 :  20:17:39  Show Profile Send samthe a Private Message
1. Most solicitors & accountants know very little about tax credits. You could end up paying them quite a bit of money & getting nowhere.

2. You will have been sent award notices and annual renewal declarations. I don't know how the questions were worded on the online claim form, but the award & renewal documants do make it clear that all income figures are gross annual income (& the same applies to the paper claim form, so it is quite likely this also applied to the online one). When you were sent the award notices you will have had something on them asking you to check the figures & notify TCO of any errors. They will be arguing that you failed in your responsibilities by not doing this, & are therefore liable to pay back the overpaid amount.

3. If what I have set out in 2 above is the situation, I think you will find it impossible to get TCO to change their decision. You say you phoned to see about paying it so I assume you have accepted you do have to pay whatever the correct overpayment is.

4. They cannot expect you to accept a doubling of the overpayment just because they tell you so on the phone. You need to raise another dispute about this, & ask for a detailed breakdown of how the whole of the alleged overpayment has been calculated.

5. Meanwhile, if you accept the need to pay something back you should come to an arrangement to do so. This is dealt with by the Debt Management Unit - not TCO - & you should have a contact number for them on the letter demanding the money. They will accept payment over up to 3 years without much enquiry about your finances, & sometimes over longer periods.
Go to Top of Page

tomjones333
Rank; Hector Tax Inspector



United Kingdom
6 Posts

Posted - 15/11/2010 :  16:57:19  Show Profile Send tomjones333 a Private Message
Ok been to see my mental health adviser and showered her the page on this forum about mental health, she gonna write me a letter, Phoned tax credits recovery who new nothing about mental health cases but after speaking to her manager said (You seem to know more than me. I didnt even know that we had a policy on this) she went on to say Ok well withhold for six months, of which I replied thats still putting untoward pressure on me and she agreed to wait for the letter, Then the next day they start phoning my wife for payment, Its still going to affect me even if they go after her, She been battling with skin cancer the past 6 years and is currently of work with RSI and awaiting a further skin examination, all this is driving us to dispare
Go to Top of Page

samthe
Mod



341 Posts

Posted - 15/11/2010 :  21:09:23  Show Profile Send samthe a Private Message
It's a joint claim so presumably their "thinking" is that even if they can't get the overpayment from you due to the mental health issue they can get it from your wife. To say the least, this seems extremely harsh - as you say, any reclaim from her will affect you as well because it's the household finances as a whole which will be worsened. I would suggest you see your MP about this & ask him/her to take up the case.

Go here:
You must be logged in to see this link.

It sets out TCO policy on recovery of overpayments & can be very useful if you end up with a decision that you or your wife do have to pay money back. As you can see, if they accept that you can only afford less than 10 p mth they will defer action for 12 months & may then (depending on your circumstances) write the debt off.

I'm assuming above that you no longer claim tax credits. If you do, any recovery will be by deduction from the ongoing claim (in most cases by reducing the payments by 25%). The same document includes a section on hardship which can lead to this deduction being reduced or stopped.
Go to Top of Page

tomjones333
Rank; Hector Tax Inspector



United Kingdom
6 Posts

Posted - 17/11/2010 :  21:18:40  Show Profile Send tomjones333 a Private Message
on another note they say that most of the overpayment was because after I had sent in the correct amount for my earnings my wifes employer (She was getting the money in her wages) kept paying her the wrong amount. hey say that it takes an employer a will to sort it our. is this still my fault as I had sent in the paperwork with the correct amounts on.
Go to Top of Page

samthe
Mod



341 Posts

Posted - 19/11/2010 :  17:26:37  Show Profile Send samthe a Private Message
I don't follow what you are saying here.

Was your wife being overpaid by her employer or underpaid? You say you told TCO the "correct" figure - do you mean this was what she ought to have been paid, i.e. a different figure from what the employer had actually paid her? When you told TCO the figure was it on the annual declaration? If not, when was it? Are TCO arguing that you should have told them the amount she actually received in the period (i.e. the incorrect figure)?

If she was overpaid what did the employer do about it? Did he later recover the overpayment by deduction from her wages? If not, how did he get it back?

If TCO are arguing you should have notified them of the amount she actually received (i.e. the wrong amount) then they should also be arguing that you should have notified them of the actual amount she later received when (if?) the employer recovered the overpayment. If that happened then perhaps (I'm not sure) the tax credits should balance out - i.e. too little credit (compared with what it would have been if she had been paid correctly) when she was being overpaid and too much when she was being underpaid.

Sorry if this is confusing. If you could answer the questions - quoting the figures and timescales if possible - it might be possible to give a clearer reply.
Go to Top of Page

tomjones333
Rank; Hector Tax Inspector



United Kingdom
6 Posts

Posted - 21/11/2010 :  10:27:19  Show Profile Send tomjones333 a Private Message
I have scanned the letter Ive recieved of them but can attach it to here can I email it anyeway
Go to Top of Page

samthe
Mod



341 Posts

Posted - 23/11/2010 :  17:16:12  Show Profile Send samthe a Private Message
I don't know how to do this. e-mail the webmaster:

webmaster@taxcc.org
Go to Top of Page

tomjones333
Rank; Hector Tax Inspector



United Kingdom
6 Posts

Posted - 25/11/2010 :  16:52:56  Show Profile Send tomjones333 a Private Message
I have done what you said but not received a reply: with refrence to the mental health issue: is it correct that although Im suffering mental health problems and have been for many years they said they woulnt chase me any longer, but the next day they phoned my wife asking her for the full ampount. Is this correct or is it just her share they should be after: Subsequntlyt she has just been re dianosed with skin cancer for the second time. Im sure its the worry thats getting to her also.
Go to Top of Page

samthe
Mod



341 Posts

Posted - 25/11/2010 :  17:51:38  Show Profile Send samthe a Private Message
Go here:

You must be logged in to see this link.

and look particularly at the "Evidence obtained" page. It states (unfortunately for you) quite clearly that they continue to try to get the overpayment from the partner of the person with mental health problems.

Nonetheless you can always try to avoid this - perhaps your mental health worker could stress in a letter how this situation (including them chasing your wife) is making your mental health problems worse. I don't know whether this would result in them changing their approach, but it might be worth a try.
Go to Top of Page

tomjones333
Rank; Hector Tax Inspector



United Kingdom
6 Posts

Posted - 25/11/2010 :  18:11:44  Show Profile Send tomjones333 a Private Message
Ok will do that. seeing my MP tommorow see what he can do:
Thanks
Go to Top of Page
  Previous Topic Topic Next Topic  
 Forum Locked
 Printer Friendly
Jump To:
Tax Credit Casualties Forum © 2005-10 Tax Credit Casualties Go To Top Of Page
Snitz Forums 2000
RSS Feed 1 RSS Feed 2
Powered by ForumCo 2000-2008
TOS - AUP - URA - Privacy Policy