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ap088
Rank; Hector Tax Inspector
United Kingdom
1 Posts |
 Posted - 05/02/2009 : 18:52:47
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Hi,
Firstly, apologies this is long!
I'm trying to dispute the fact that HMRC are telling me that I owe them over £5000 in overpayments for tax year 2005-6.
Filled in the form and received this reply back from them today:
"I have considered the information that you have provided and checked our records to determine the reason for your overpayment. I have found that the overpayment arose for the following reason:
We received your annual declaration on 1 Sept 2005 but it was not fully completed. We wrote to you on 6 Sept 2005 asking for the missing information and we also sent you a reminder on 21 Sept 2005 and 5 Oct 2005.
As you did not send the information we needed to renew your award we sent you a Statement of Account notice on 23 Dec, telling you that we had ended your award from 5 April 2005. Therefore, the £5116.04 paid to you from that date is now an overpayment."
This is now well over three years ago. I don't recall filling in an annual declaration in 2005 - what I do recall is making a telephone call to them to inform them of my annual income for the tax year 2004-5 etc. During that phone call the person I spoke to said that my payments were likely to stop as I was now earning too much to qualify. Payments did stop but I never received any correspondence from them that they state I did, nor the "Statement of Account" that they're saying they sent me.
The first I knew of this amount owing was when I received a letter through the post at the begining of January 2009 telling me that they were about to take me to court for recovery of the amount! If indeed they did send me any correspondence its more than likely I didn't receive it due to the fact that I was made homeless shortly after all this happened.
What I'd like to know is what do I do next? How long do I have to respond to this latest missive of theirs? They say in their letter there's no right of appeal and that they'll be asking me to pay back by direct payments.
I'm having a read through the help pack, so hopefully I'll glean something from that too.
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TCC Webmaster
Da Purple one
Virgin Islands (United Kingdom)
129 Posts |
Posted - 05/02/2009 : 20:31:31
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Hiya - welcome to the club that nobody wants to join!
Others will be along to help soon, but my advice is to:
1. Submit another TC846 disputing your overpayment, or write a letter. (not sure which is best at this stage - others will advise)
2. Claim your data - see: http://www.taxcc.org/dispute2.htm.
HMRC should halt recovery proceedings whilst you are in dispute with them. They're not always consistent in this, so if you get any hassle, just post here again for further advice.
When you receive your data, it should include computer screenshots, other computer data, copies of letters etc. and all of the phone calls you made, on CD. They are notorious for leaving out the data that will incriminate them. Once again, if this happens, post here for advice.
Hope that helps until others join in!
The original 'point & click' interface was a Smith & Wesson !! |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 06/02/2009 : 07:57:14
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Hi apO88 - again, just as with another new member, this sounds like a Renewal Form/Anulled Award problem. Why not look at this thread:
http://familytaxcredit.forumco.com/topic.asp?TOPIC_ID=1288#10354
Also, if you look up the new post by TaraWara, although your cases aren't quite the same, I hope you will find enough similarities there to make the (lay person's, please note) advice given there meaningful to you, too.
There's also www.taxCC.org to consider and explore!
Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.
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