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 overpayment-please help
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cherryb
Rank; Hector Tax Inspector


United Kingdom
12 Posts

Posted - 07/09/2008 :  11:25:57  Show Profile Send cherryb a Private Message  Reply with Quote
hi i recieved; out of the blue{no previous letters honestly ever} a demand for payment of £1500 yesterday, from 2003.can they do this?after never having told me about an overpayment 5 yrs ago?tried to ring tax office computers down until tuesday so really annoyed. in 2003 worked fulltime-no change in circumstances. also unbelievably i have recieved my ex (6yrs ago}partners and new wifes tc award notices this year at my new address.complained about this.
i have also just agreed to pay 112 pounds back for 2007 overpayment also;i was told to ring on the day i moved in with new partner.i did;and they said :a payment had been paid and could not be stopped;yet they told me to do this.i agreed last week to repay@16 pound a month and after seeing this site wish i hadnt

Edited by - cherryb on 07/09/2008 13:03:11

Robert
Da Purple one



United Kingdom
827 Posts

Posted - 07/09/2008 :  13:21:43  Show Profile Send Robert a Private Message  Reply with Quote
Hi cherryb..

What you need to do now, is dispute this alleged overpaymnet..click on the home link at the top of the page and get your dispute going, get you sarn request going,this will give you calls and paperwork concerning your claim, and is FREE..

did they give any explanation as to why this overpayment occured?? probably not..

Time to also get you MP involvrd, especially if they are making more data blunders, in sending you your old partners details..from 6 years ago..


find your MP here.. http://www.theyworkforyou.com/ you can also contact your MP via this site, and get his or her phone number..

Otheres will be along to give more advice.

The truth is out there.. GO get it......Non Illigitamus Carborundum

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cherryb
Rank; Hector Tax Inspector



United Kingdom
12 Posts

Posted - 07/09/2008 :  16:59:39  Show Profile Send cherryb a Private Message  Reply with Quote
hi thanks so much for prompt reply;i wont let them grind me down promise! their just not worth it.
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cherryb
Rank; Hector Tax Inspector



United Kingdom
12 Posts

Posted - 08/09/2008 :  17:49:28  Show Profile Send cherryb a Private Message  Reply with Quote
hi anyone: further to last message;just spent 40 minutes talkin to tco.idiots!!!!they have said i had giro payments for a while in 2003 for 1500 pounds as there was a problem with bank payments!CANNOT EVER REMEMBER THIS then they put it into my bank again{arent they good} and didnt tell me!then 5 yrs later and its not on any previous award notices they want it back;cannot believe this.asked for dispute pack
transcripts.how likely is it i will have to pay this back?if its actually true? please someone reply .HAVE NO INCOME FULL TIME CARER OF MY DISABLED TEENAGER/DEPENDANT ON PARTNER TO PAY MONEY BACK.
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auntieh
Rank; Really should become a politician



United Kingdom
619 Posts

Posted - 08/09/2008 :  20:55:37  Show Profile Send auntieh a Private Message  Reply with Quote
Don't panic! Just wait for your SARN info. Get your dispute form in in the meantime. You don't need to say a lot on the dispute form at this stage as you can send further information later when TCO has responded to the dispute. It would be a good idea to ask your bank to check your account for the period in question. They should be able to tell you what payments from TCO went in there. If you tell them the amounts that TCO are saying you had the bank should be able to check for them. I know it's a long time ago but they should be able to access the information. When I asked mine to do so (three years after the supposed payments were made) they said 'no problem - we get queries about Tax credit payments all the time!'. Which speaks volumes by itself!

If the worst comes to the worst and you do end up having to pay back, then your circumstances must be taken into account and if you have no disposable income then HMRC will be hard pressed to work out a repayment schedule. That in itself could be further grounds for a write off according to the rules and regulations. But that's a long way off. My own dispute has been hanging about for nearly three years now. I used to worry endlessly but I don't any more.

Have you involved your MP yet? He/she needs to be made aware and be supporting you.

Good luck

Auntie

"You can dress a pig in a suit but you can't stop it grunting"
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cherryb
Rank; Hector Tax Inspector



United Kingdom
12 Posts

Posted - 08/09/2008 :  21:34:45  Show Profile Send cherryb a Private Message  Reply with Quote
hi thanks for message;i am panicking though because the account is not in use anymore. due to my ex who i have the alleged overpayment with,i had to go bancrupt last year because i had debts he left me with 5ys ago;no means to pay them after he left.
how can i access my account details to check if this money did go in> any ideas anyone?also if they have never requested the money back before ever in 5 yrs;will i have to pay it back anyway? there will be no awards or letters in the file because they have never asked for it before. ??????
my new partner accepted i went bancrupt ;moved in with him with a clean slate last yr; cannot believe that i could be in debt again through them idiots.
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samthe
Rank; Private Primate



188 Posts

Posted - 09/09/2008 :  21:46:45  Show Profile Send samthe a Private Message  Reply with Quote
1. If you did have giros (& they were certainly using them in the early days of tax credits) would you have paid them in to your bank or would you have cashed them at the Post Office? If the latter, is there any point getting your bank account info?

2. If you do need the account details I suspect you will have to ask the bank if they can provide them - but you will have to pay (probably an unreasonably high sum!).

3. Are you sure this debt cannot be included in your bankruptcy? The fact that you did not list it on the bankruptcy form does not matter - if the debt existed (see below) at the date you went bankrupt then it is included and will therefore be written off along with all your other debts. BUT whether it can be included depends on the date the Tax credit people made a decision that you owed the money. Normally with TCs this is the date on which they issue the final award notice after the annual renewal is done (in other words, if that award shows an overpayment the date on the award notice is the date that matters & it has to be before the bankruptcy date if it is to be included). However, it seems from your posts that you never had a final award notice for 03-04 or - if you did - that it did not show the overpayment. If that is so, then the date they decided you owed the money may well be much more recent - perhaps not till shortly before they wrote to you - and would be too late. You might be able to get a better idea of the date when you get your SARN info (I assume you have asked for a copy of all forms, correspondence etc as well as a CD of the calls). Of course there is nothing stopping you writing to them with a copy of your bankruptcy order and saying that - because this money relates to a period long before you went bankrupt - it must be included. It may not work, but you never know unless you try! If you do do this, you need to give the details to the Official Receiver as well.
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cherryb
Rank; Hector Tax Inspector



United Kingdom
12 Posts

Posted - 10/09/2008 :  11:58:20  Show Profile Send cherryb a Private Message  Reply with Quote
thank you for taking time to read my issue and replying;you are all amazing without this help i think i would have been pretty desperate.
will take on board the advice thanks!!
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