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bietsceurb
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
 Posted - 04/11/2008 : 13:48:08
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Hi, have been reading posting on site with great interest. My problem is not half as bad as some I have read so I wish all who are fighting their case the very best.
My repayment problem is more of a technicality than anything else.
Apparently, I have to repay approx £750.00 overpaid to me for which a repayment direct debit was set up at the time. The tax credit people failed to collect the amounts when they should have done even though I rang them on more than one occassion asking why they hadn't only to be reassured that they would start taking the payments as everything was in place to do so.
As a result the repayments were not made and the amount is now carried forward to this year.
Then came the letter saying that they thought that ours was one of the many cases where our awards may have been incorrect due to administrative problems and that they were reviewing them. The letter carried the wording "we would like to reasure you that this review will not lead to your tax credits award being reduced or to us asking for any more payments".
To us, this letter meant it was possible that we could have been victim of the well publicised at the time administative cock-up by the Tax Credit people and either way, even if the payments we recieved were right or wrong, we would not have to make any more repayments.
This has not been the case as even though we are no longer entitled to any Tax Credits any more we still get reviews (such a waste of paper as the same forms come out to both myself and my wife) which indicate that we still owe the £750.00 from previous years when we were claiming it.
Just wondering is it worth persuing not paying it back on the technicalities or should I just be a good boy and pay it just to get them off our backs?????
Regards
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samthe
Rank; Private Primate
188 Posts |
Posted - 04/11/2008 : 20:37:36
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Does this apparent overpayment arise from 04-05? There were about 250,000 cases where an admin error occurred in 2005, which - I think - they are still supposed to be investigating. They should not be recovering until the case has been investigated. If yours is one of these then I suspect it does not mean that you definitely won't have to pay but you certainly shouldn't pay now.
Are they still chasing you for the money, or are you just getting review letters noting the amount?
My view would be to cancel the direct debit (if you haven't already done so) & see what happens. |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 04/11/2008 : 21:55:48
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Hi bietsceurb
I understand from your post that you had already set up an arrangement with the debt management team, prior to you getting the letter saying your claim was now being reviewed as it may have admin errors. Usually when any agreement to repay has been made, this usually means the end to any remittal on overpayment's, because technically you are pleading guilty to the charge, by agreeing to repay. I also see that the payment in, was never requested via the banking system by HMRC. So you ask if getting them on technicalities regarding not keeping to their side of the contract. I don't think that will make them bat an eyelid, they make the rules up as they go along. My advice to you, is you must take this back to the start. Obviously there were errors within your claim for them to send you out this letter in the first place, and you may of been one of the many people who had there overpayment's remitted, because of the same system faults, but because you have already agreed to repay then as far as HMRC are concerned the matter is now closed. You need request SAR docs, and start off the dispute procedures, who knows where it will lead.
   
Splashin |
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bietsceurb
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 07/11/2008 : 13:40:28
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| Just a quick update to say I received paperwork this morning with reviewed overpayment details for 2004-05 reducing the amount they say we owe by approx. £500.00 after I had disputed the amount owed earlier this year. So I am happy with that, we must have been one of the many victims of the admin cock-up, I am glad we disputed the amount with them. I will repay the rest of my dues and be glad it is the end of the matter. Good luck everyone else!! Stand and fight your corner!! |
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bietsceurb
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 07/11/2008 : 13:46:02
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| ps. Many thanks for your help. |
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Overpayment repayments
