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 tax credit repayment in full! over 20K allegedly
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emmylou
Rank; Hector Tax Inspector


3 Posts

Posted - 10/12/2008 :  07:44:26  Show Profile Send emmylou a Private Message  Reply with Quote
I've recently has a HMRC debt management officer turn up at my door demanding a payment of over £1000 a month for an overpayment I'm disputing. I contacted CTC people who have no record on their system of him attending. I was not in when he came but he spoke to me on the phone. He is attempting to set up a meeting. What should I do?

The CTC people are trying to get me to repay every penny they gave me that I used for childcare for my son, they have even said I do not have an eligible child to have received payments. I'm sure I have I remember giving birth to him!

Can anybody help me, I'm getting very depressed and worried as I see the adverts on telly saying I could go to prison. What do I do and where do I turn? PLEASE HELP!!!

missfroy2
Rank; Captain Gordon



236 Posts

Posted - 10/12/2008 :  07:49:29  Show Profile Send missfroy2 a Private Message  Reply with Quote
If you have lodged a dispute then the case should be suspended as per HMRC's own COP 26 guidance.

As I said to the previous posted, childcare is notoriously complex in terms of legislation and it will be easy for HMRC to quote regulations/legislation at you which most lay people have no idea about. Please Please do go and get some help from someone who knows the law for childcare and tax credits, especially when such a huge overpayment is involved.

There are several organisations who might be able to help.

www.litrg.org.uk, www.taxaid.org.uk, citizens advice (check their site for your nearest, local welfare rights.

MF2
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emmylou
Rank; Hector Tax Inspector



3 Posts

Posted - 11/12/2008 :  07:19:00  Show Profile Send emmylou a Private Message  Reply with Quote
Thanks. This guy is really hassling me to set up a meeting with him, he keeps ringing and texting me. I have sent a letter to the compliance team again stating that I dispute the claim. Even if they could reduce the amount I will have to pay back ...
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Ali M-W
Da Tech(y ones)



3296 Posts

Posted - 11/12/2008 :  07:35:15  Show Profile  Visit Ali M-W's Homepage Send Ali M-W a Private Message  Reply with Quote
Hi Emmylou - on another thread there was an interesting post on Compliance visits and investigations, and I am not sure if this applies in your case or not. I will see if I can find it with a search of this site.

I always thought it was your perogative to let HMRC officials in or not. He should be specific about the purpose of his visit, so you can make an informed decision about this. I would insist he comes clean as to why he is visiting. It seems unlikely that he is there for YOU - ie. to talk to you about why you don't think you should be repaying this money. He is more likely there either for Compliance reasons (which would mean that HMRC think you have given wrong info or withheld info - which shouldn't terrify the innocent too much as this can often happen just because HMRC made mistakes themselves and thought you hadn't done something when you had, because they cannot comprehend the possibility of it being their OWN error) - or to put pressure on you to repay this money. If claimants don't know their rights to dispute and because of this don't go about things the right way (for instance, did you know that you have several 'lives' - that not only can HMRC look at your case several times, but you can go to the Adjudicator and then the Ombudsman, and then even get charities involved in court action if you need to?)then HMRC can seek to wrap things up with a court case of their own. Their rules state that they have to make contact with you first, so this could be what this guy is up to.

I think you could do worse than going to www.taxCC.org and swotting up on nthe dispute process as outlined there. Then get a representative on board. It can be Paula from the TCC (just bear with her, though, as she is amazingly busy and it won't be an immediate response but she WILL respond). Or you can go to Citizens Advice, the Low Incomes Tax Reform Group, or your trade union's Welfare Advisers. Others here have suggested TaxAid, but I don't know if they charge or not. For claimants with children on the lowest incomes, there is the Child poverty Action Group and One Parent Families. People with kids who have disabilities can also go to Contact A Family. Free support and advice is out there - please go get it.

Get this guy to tell you why he wants to see you. Depending on what he says, you can then either get representation to meet with him and put your own views across, or you can abort his visit by fighting back in some way.

Start by looking at www.taxCC.org and then see where you think things are at with your case. It may just need sending down the dispute path and getting HMRC to suspend recovery action - which can be done quite easily if you know how.

Take care, and good luck! Ali.



Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.

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Ali M-W
Da Tech(y ones)



3296 Posts

Posted - 11/12/2008 :  07:38:08  Show Profile  Visit Ali M-W's Homepage Send Ali M-W a Private Message  Reply with Quote
When you know a bit more about what's going on, do also let your MP know. And perhaps consider getting your local paper involved, too, if there seems to be a gross injustice and some HMRC madness going on (eg. your not having a child when clearly you do). Good luck!

Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.

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missfroy2
Rank; Captain Gordon



236 Posts

Posted - 11/12/2008 :  09:28:37  Show Profile Send missfroy2 a Private Message  Reply with Quote
AliMW as always has some good points, but following dispute guidance when this may not be a dispute could hinder the OP at a later date.

If this is about HMRC saying you were not entitled to childcare then they must have issued a revised decision which is APPEALABLE. You therefore need to follow that route if at all possible.

Hence the suggestion she gets advice. As far as I am aware, TaxAid give free advice. It was on this forum that I first saw them posted and they are a charity from their website.

MF2
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auntieh
Rank; Really should become a politician



United Kingdom
619 Posts

Posted - 11/12/2008 :  22:04:30  Show Profile Send auntieh a Private Message  Reply with Quote
quote:
Originally posted by emmylou

Thanks. This guy is really hassling me to set up a meeting with him, he keeps ringing and texting me. I have sent a letter to the compliance team again stating that I dispute the claim. Even if they could reduce the amount I will have to pay back ...



Can you report this person to the police for harassment? If you are disputing surely he has no authority to harass you by phoning and texting? I think that is what I would be tempted to do in your situation.

Auntie

"You can dress a pig in a suit but you can't stop it grunting"
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Alan the Geordie
Da Purple one



2787 Posts

Posted - 12/12/2008 :  12:10:25  Show Profile Send Alan the Geordie a Private Message  Reply with Quote
quote:
Originally posted by auntieh

quote:
Originally posted by emmylou

Thanks. This guy is really hassling me to set up a meeting with him, he keeps ringing and texting me. I have sent a letter to the compliance team again stating that I dispute the claim. Even if they could reduce the amount I will have to pay back ...



Can you report this person to the police for harassment? If you are disputing surely he has no authority to harass you by phoning and texting? I think that is what I would be tempted to do in your situation.

Auntie

"You can dress a pig in a suit but you can't stop it grunting"



I agree.

It's certainly an avenue that I'd be exploring.

It would cost nothing other than a bit of your time to visit your local police station.

No nurse, I said "Are my test results back?" NOT "Are my testicles black?" .. but thanks anyway!!
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