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Sarah67
Rank; Hector Tax Inspector
1 Posts |
 Posted - 05/02/2009 : 12:05:51
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Slightly long story and not so clear cut a an overpayment.
In 2007 TC received my renewal form back late by a few days (posted in time though). I received a letter to say CTC would stop and i phoned straight away, they admitted they had received the form late but would not use the info due to this but would take it over the phone. I thought as it was only just after the deadline it would carry on being paid but by the end of August it stopped and i was told i had being overpaid. I phoned the helpline who said there had being an error and would have to be put in as a new claim but would be backdated and i should hear within 6 weeks. I called to see if there was any news and was told to call again after the weekend, i did. After slightly loosing patients with them i was put through to a manager who told me to go to the nearest tax office to see if i could get any help. I did this and was paid manuel payments until August 2008. In the meantime i still received letters regarding overpayment which i was told to ignore as there was still a pending claim. I had to phone the overpayments office and explain this to them so this was then placed on hold.
I still called every so often to see how the claim was going as i knew i would have to repay some but never found out anything.
August 2008 i received a payment at last and thought it was over however they had used incorrect info as i had not had a renewal form earlier (i was told not to worry about this when i phoned to query). So i phond again to ensure correct payments were being made. I then receive a letter to say payments were to be stopped and we were not entitled to any. Back to the overpayment letters etc. My recent call to the overpayment office said i had being overpaid by around £7000 this included 2006-2007/2007-2008/2008-2009 payments. We are entitled to around £3-4k p year. I have again being on the phone and being told i have to appeal against one year as i have my bank statements and can prove they did not pay what they claim they did as for the other years it is still pending in the system. As you can surly appreciate i am very distressed at this we have had no payments since November 2008 and i have being told it could be at least six weeks now.
I had previously being told that i was unable to make a complaint as it is a systems error but i do not believe this to be true. I have being helpful to them and called to give any change that may affect my claim and inform them of incorrect figures so i feel we are being penalised for there incompetence.
Any sugestions on what action i can take.
Sorry for the long speach but thought if i gave you plenty of info it would help.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 06/02/2009 : 08:07:35
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Hi Sarah67. Your case sounds quite complex as there seem to be several issues at HMRC preventing your award from being handled properly, so the good news is that - in my view - you have a good chance of eventually getting this written off.
Difficult for me to give a detailed, individual response at the moment as I am heading off for my day job very soon - but since part of this concerned a renewal form and potentially an annulled award, by the sound of it, you may find it helpful to read the thread in the new members' section posted by TaraWara.
The principles are the same; you can dispute this. You don't need to have loads of evidence in support of your case at this stage. Do get a SARN request done for your data. There is a template for this if you look up the 'how to dispute' guidance from our main site: www.taxcc.org .
I would go and have a good read of that now. By the time you have done this bit of initial reading, I am sure that our resident Advisors (people working in this field with some more detailed understanding of the process) will have picked up that you are here and will be asking helpful questions and offering bespoke advice.
To win this you need to be honest and compliant(as you are), determined to win, not afraid of the fact that it may take some time, and willing to challenge any guff HMRC spill at you in an attempt to force your hand to pay up. No-one I know who has held fast has yet lost. They key is to not give in and make sure HMRC knows that, on prionciple, you are NOT going to lie down, roll over and play dead to bullies. 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 - 06/02/2009 : 09:47:24
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Hi
It is possible that you may have some appealable issues and some that need disputing (either or both). Because of the time limits for appeals, I would advise you seek professional help to get to the bottom of this.
The issue seems to stem back to the late renewal form. They should not have told you to put in a new claim if you did make contact just a few days after the deadline. This is incorrect advice. They should have reinstated your claim provided you called within 30 days of your payments ending. You can do a data protection request to find out this information.
You need to address that issue first as everythinge else stems from it.
Sometimes claims cannot be restored due to technical issues. However, you should not worry about this and they should have a workaround for it.
I would advise you contact someone like TaxAid or LITRG to have a look at this, or a CAB.
As I said it may be some of your awards are appealable if the amounts are wrong.
You do mention that what you have received in your bank does not match what they say they paid. Quite often it doesn't because they amount paid may also include cross year overpayment recovery so it is counted as paid to you, although you never physically received it.
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Ali M-W
Da Tech(y ones)
3296 Posts |
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missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 06/02/2009 : 15:31:41
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Thanks for posting those. I was too lazy to go back and find the thread where they were posted previously.
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Child tax credit error and overpayment.
