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 Overpayment Unit Threat Letter.
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Len
Rank; Hector Tax Inspector


United Kingdom
11 Posts

Posted - 24/01/2009 :  12:51:13  Show Profile Send Len a Private Message  Reply with Quote
Hi,anyone.Sent dispute form and letter to them saying basically "disputing overpayment. self and Cab advisor request a detailed description as to how the Overpayments came about" plus certain other grievances.
Well the letter and form were received 13th this month. They have sent me a Letter on the 20th(ie. 7 days later)which arrived today(Sat15th). They are saying "If you do not contact us immediately by phone, we may have to refer the Overpaid credits for consideration of legal proceedings and Interest is accruing per day until payment=£0.0
Unfortunately, the bloke at the CAB has been off 3 Weeks but I have an appointment with him this Thursday.
Question is, can I leave it that long? I don't see why I should send another Dispute Letter yet, since they are always a step behind as with all the correspondence I have sent them. What I sent them should have frozen the payment. The trouble with phoning is that they will start getting nasty then I will probably swear at them and nothing positive will come of it. So I will assume it is just a lot of sabre-rattling and let them stew in their flatulence.
If anyone thinks I am doing it all wrong, I will totally welcome any criticism since I am good at making mistakes.

missfroy2
Rank; Captain Gordon



236 Posts

Posted - 24/01/2009 :  20:54:02  Show Profile Send missfroy2 a Private Message  Reply with Quote
Did you definately dispute the overpayment?

Unfortunately, HMRC policy is not to suspend recovery if an 'explanation' is requested, but they should suspend if a 'dispute' is lodged. It could be that they interpreted your letter as a request for an explanation rather than a dispute.

The other alternative is that the person who logged the dispute has not signalled to stop recovery.

The only other possibilities are that either this letter was issued before yours was logged on the system, or this is for a different overpayment.

Get your CAB adviser to contact TCO or indeed you can speak to debt management and find out which of the above it is.

MF2
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Len
Rank; Hector Tax Inspector



United Kingdom
11 Posts

Posted - 24/01/2009 :  23:11:00  Show Profile Send Len a Private Message  Reply with Quote
quote:
Originally posted by missfroy2

Did you definately dispute the overpayment?

Unfortunately, HMRC policy is not to suspend recovery if an 'explanation' is requested, but they should suspend if a 'dispute' is lodged. It could be that they interpreted your letter as a request for an explanation rather than a dispute.

The other alternative is that the person who logged the dispute has not signalled to stop recovery.

The only other possibilities are that either this letter was issued before yours was logged on the system, or this is for a different overpayment.

Get your CAB adviser to contact TCO or indeed you can speak to debt management and find out which of the above it is.

MF2

Hi Missfroy2 and thanks for your explanations.
Actually I did write"I am disputing these(there are 3 in all £222.£1945. and a nice little £476. just for good measure)Overpayments which seem to stretch back to 2005 and right up to the present day" and there was more including the request for details etc.. So why did they wait till it had reached this ridiculous amount without telling me what to pay initially(in 2005)?
I was saving this bit up in case I had to send out a secondary Dispute letter:(Appologies its a bit long)Last page of Tax credit award 04 to 05 Working tax credit
"Amount for Period £222.30
Less the amount we have payed you for this period £1993.21
Amount you have to pay back £1770.91
You have received too much Tax credit for the years 2004-2005
As we are no longer paying your tax credits we cannot collect the
Overpaid amount by reducing your tax credit payments.
We will contact you shortly to tell you how to pay back the over
paid amount".
Well they never did contact me plus I dont think they should have been paying me Working Tax Credits since I had not been employed as of from March 2004.
Looks to me they might have deliberately stitched me up by pretending not to have got my letter so they can now say sorry your time is up we have already blaah...I don't think talking to Tco "advisors" is going to bring out the best in me especially with them as patronising as they are.
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