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skdl2820
Rank; Hector Tax Inspector
4 Posts |
 Posted - 12/02/2009 : 19:35:34
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Letter states that we have already been told about the overpayment which we have. We have contacted them again today and found this forum via money saving expert. The overpayment apparently goes back to 2002/2003 we believe but we cannot make head nor tail of the reason why we have been overpaid. We have kept a lot of paperwork over the years but cannot make the sums add up. Having found this site we are now going to follow the dispute steps before they take their threatened enforcement proceedings. Our son is now nearly 19 !!! We havent claimed for nearly 4 years !! We refused to complete any claims or have anything to do with it from when he was 15.
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 12/02/2009 : 20:27:45
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Hello and Welcome !!
Many thanks for letting us know how you found us.
I think your (alleged) overpayment may have been caused by you not completing any claims, but don't quote me on that. Some of our more learned Friends will be able to clear that up for us.
Meanwhile, you're doing exactly the right thing by disputing this and you will be claiming copies of all your paperwork & telephone calls in doing this.
Remember to log everything you send to them - dates times etc and do the same with telephone calls too - always write down the name of who you spoke to and the duration of the call to.
As I understand it, you are entitled to be re-imbursed for all your costs for postage, stationery etc. from HMRC.
When you visit our Main Site, please sign YOUR petition and download some flyers, print them out and distribute them at your local library, health centre and anywhere else that you think they'll do some good. We really need to make even more people aware of our existence and the farce that Tax Creditis is.
"The best way to take control over a people and control them utterly is to take a little of their freedom at a time, to erode rights by a thousand tiny and almost imperceptible
reductions. In this way the people will not see those rights and freedoms being removed until past the point at which these changes cannot be reversed."
Adolf Hitler |
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samthe
Rank; Private Primate
188 Posts |
Posted - 13/02/2009 : 17:24:17
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| There is something wrong here. Tax Credits in their present guise did not start till 4/03. If your alleged overpayment actually is 02-03 then it presumably relates to the old Working Families Tax Credit, which was done on a entirely different (& much more sensible!) basis. No doubt you'll find out which year it was when you get all your paperwork etc from the SARN. |
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skdl2820
Rank; Hector Tax Inspector
4 Posts |
Posted - 17/02/2009 : 19:24:56
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| Samthe .. thank you for for noting the discrepancy, to be honest we believe that the overpayment relates to either the 1st or second year that we claimed under this scheme, although obviously due to the age of our child we did claim i believe under the old scheme, however this discrepancy definitely relates to the new method of claiming. |
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skdl2820
Rank; Hector Tax Inspector
4 Posts |
Posted - 17/02/2009 : 19:47:15
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| Have completed the form that they have sent us to start the dispute process |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 18/02/2009 : 07:29:55
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Hi skdl2820, and welcome to the club no-one wants to belong to! If you haven't already, you might want to take a look at our Dispute process by using the following link, and download our FREE (though if you find it useful and have a bob or two to spare, contributions to our campaign fund never go amiss) dispute pack:
http://www.taxcc.org/Dispute_1st_things_1st.html
Things that will help your case include sending off at an early stage for all your data, including call recordings (you will be amazed what this reveals, both in terms of your honesty and compliance,and HMRC's sloppy actions and inactions!); "cc"ing all your correspondence to "Tax Credit Casualties", your MP and any other organisation such as LITRG or the CAB who you may involve in helping you (this basically tells HMRC that you are not standing alone and bullying and economy with the truth is not going to be permitted); writing a civering letter to your MP and asking to see her/him (depending on their party and how conscientious they are, they will either do the barest minimum just for your case, or fallover backwards helping you, as well as - if they are Opposition or a rebel Labour MP - asking questions in the Commons on the wider issues); making sure you never accept an explanation from HMRC that you you either don't fully understand or which don't ring true; and consider talking to the press about any injustices you experience.
If they can get away with it, HMRC will bully you into agreeing to pay back. Conversely, once they know you have outside representation and are not going to accept unproven assertions (if not lies) on their part, they tend to put a little more effort into actually replying to your questions and grievances (although they still do not do so very thoroughly). They also hate bad publicity and have been known to write off a member's alleged overpayment rather than see it discussed in a tabloid.
If you believe you did nothing wrong, acted in good faith, followed advice (even if incorrect) and should not have to repay, the key determinant of whether you win your case or not is your staying power. When the playground bullies set upon you, did you immediately hand over your bus fares, chocolate and any gadgets and gismos you had? Or did you fight back, get stronger adults and peers involved, and take whatever action you needed to hang onto your possessions, and survive largely unscathed to fight another day? Sadly, the people who feel helpless and friendless just give in, but it is only by standing up to this injustice and unfairness that we can start to get things put right. If you really believe you can win this, and don't let HMRC bully you into submission, you will eventually win, but it may take some time, I am afraid.
Good luck!
Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.
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skdl2820
Rank; Hector Tax Inspector
4 Posts |
Posted - 23/03/2009 : 20:46:47
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Finally have a reply from HMRC dated 13 March 2009.
It reads as follows:
Thank you for completing the form TC846 asking us to look at your tax credits overpayment for tax year 2003-2004 and to consider whether you should have to pay it back. I am sorry for the delay in replying.
I have considered the information you have provided and checked our records to determine the reason for your overpayment. I hae found that the overpayment arose because of an increase in your joint annual income.
We sent you an award notice on 27 February 2203 stating that the tax credits award of 2438.8s was based on your joint annual income of 13712. The award notice stated that you should tell us if your joint annual income went above 16212.
On 28 July 2004 you told us that your correct joint annual income was 24338. This reduced your entitlement to 545.34 which was shown on your award notice dated 29 July 2004.
This means you were overpaid by 1893.48 which is the difference between the amount we paid you and the amount you were entitled to receive.
For us to write off an overpayment, you must be able to show that you have met all of your responsibilities as set out in our code of practice 26. To meet these responsibilities you must have:
provided us with accurate and up to date information when you made or renewed your claim
checked that all the personal details on your award notices were correct and told us straight away if any personal details were recorded incorrectly
told us promptly about any changes of circumstances throughout the year and
checked that the payments you were receiving matched what we told you we would pay
Having considered all of the relevant facts about how your overpayment arose. I do not think that you met all of these responsibilities. This is because you did not provide us with an accurate income figure (note from me - it was a long time ago, but we remember calling them on a number of occassions about the salary figures not adding up and never got a conclusive answer from them)
For this reason I cannot write off the overpayment and you will have to pay the money back.
We have recovered 366.88 of your overpayment from 2003 2004 from your subsequent awards leaving a balance of 1526.60 still to be paid. As the award on which the overpayment arose has ended we are asking you to pay this money back.
You cannot appeal etc etc and the usual bumf at the end.
Any advice on what i do next ?
Simon |
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TCC Webmaster
Da Purple one
Virgin Islands (United Kingdom)
129 Posts |
Posted - 23/03/2009 : 21:14:52
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Hi Simon.
You haven't said anywhere that you have claimed your data from HMRC. If you haven't yet, this is now vital, and is your next step!
Go to http://www.taxcc.org/dispute2.htm to find out how.
Your data should include everything that the TCO have ever had on you - including recordings of telephone calls.
:)
Make change happen!!
Support our 'Justice is an Amnesty' campaign on the Labour website 'LabourSpace'
Register and vote at http://www.labourspace.com/view_campaign?CampaignId=125
The original 'point & click' interface was a Smith & Wesson !! |
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samthe
Rank; Private Primate
188 Posts |
Posted - 23/03/2009 : 21:19:16
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| Definitely get your data - it's the only way to try & prove that you did notify them of your correct income. |
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Another New Case - owing £1526.60
