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maggie
Rank; Hector Tax Inspector


United Kingdom
7 Posts

Posted - 18/02/2010 :  18:13:29  Show Profile Send maggie a Private Message
just had my overpayment reduced by 2k after two years in appeal due to HMRC finding they had been continuing to pay me after me notifying them.I only found out after my appeal had gone as far as the Adjudicator and I had a letter back via my MP who has been brilliant,(not Labour,surprise surprise!).I am still paying back 3k and agreed a payment plan 18 months ago.I refused to pay by direct debit as I did not trust them to get it right!I recently had a letter saying I was in arrears with my plan and was threatened with (the usual) court action if I did not pay immediately.After getting confirmation from my bank that all payments had gone through,it took 7 calls to HMRC to clear this up,their mistake again,wrong bank details this time!I complained to the Ombudsman about their aggressive behaviour and they took it up with HMRC,resulting in an apology and a call from a local tax office official who gave me his direct line and said if I had any more problems from 'that lot'I was to call him!He also said that I was not to worry about not being able to pay the whole amount back,apparently they cannot take it out of your estate if you kick the bucket.Should I get the next plane to Panama?

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splashin
Rank; Really should become a politician



Belize
730 Posts

Posted - 18/02/2010 :  21:34:14  Show Profile Send splashin a Private Message
Hello Maggie
And very well done getting a reduction on your over payment. And also good on you for taking it all the way. You would be very surprised at how many claimants who dispute overpayment's never take it further than HMRC.
Did it have to go all the way to Ombudsman before anyone discovered there was a fault with your claim on the system.
Did HMRC or anyone explain how it occurred in the first place?
How did they explain the Overpayment of 3k was still outstanding?

Well done on not agreeing to direct debits and standing firm. Would you have to deal with them again?

With regards to what the guy in the tax office said to you, I would of taken with a pinch of salt, the moment he said You wouldn't have to pay it all back, you had agreed installments.
I am sorry but I know nothing about the after death situation, or what happens when a person dies to the debt or the estate.
But usually on this forum we try to help people who are disputing Overpayment's because we know there are many mistakes made by HMRC causing thousands of pounds overpayment's. You have agreed to repay your 3k but have fallen behind on this. Which means you have defaulted so you will be passed over to the debt management team, who will issue you with court summons to appear in court.
Where it goes from there I couldn't tell you what the except, this time the agreement will be made in a court of law and you will be charged court costs etc. I would also like to say if I did know the answer to this question, I wouldn't tell you the answer because I personally don't help anyone who wants to take from the public purse and scam their way out of things be them dead or alive.




Splashin
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Ali M-W
Mod



3558 Posts

Posted - 20/02/2010 :  09:17:35  Show Profile Send Ali M-W a Private Message
You do know, don't you, that even if you've agreed to repay, you can dispute if you never had the chance to do so before yet feel it was not your fault? Go to You must be logged in to see this link. and follow as much of the process as fits. However, you MUST tell them you are stopping repayments to dispute, and get this acknowledged. Otherwise you will be treated as failing to repay your debt.

Splashin - it's unusual for you to sound so harsh! I think you mean, if Maggie had done wrong - not to imply she has - don't you? (I know our Splashin has a good heart.)

Morpheus: I'm trying to free your mind, Neo. But I can only show you the door. You're the one that has to walk through it.
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