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jax63
Rank; Hector Tax Inspector
United Kingdom
2 Posts |
 Posted - 26/06/2008 : 00:16:14
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Hi
I have just refound the TC954 letter, which I of course never received a follow up to. I rang the number on the letter and asked what it was all about, they said they didn't know and to write in and ask. This sounded odd so I started searching on the net and came across this site, which is great.
I had been over paid (according to them)for 2003/2004 2004/2005 & 2005/2006. To be honest I couldn't work it out as it wasn't clear why, but just accepted it. Now I have ploughed through all their old forms and found part of the reason for this is they paid out for 4 kids, then said it was for three, on a later one it was for three then reduced to 2 children.
I have just realised that my eldest two WERE both in full time education 16 & 18 so they should not have amended it! I know it seems daft but we were getting tons of forms all saying different things, some dated the same day with different figures on and I couldn't make head nor tale of it, I assumed it was due to income changes.
SO FINALLY my question is can I dispute this or is it too late. On the paperwork it says you have 30 days to appeal, so obviously way out of time. Also has anybody else evr had a follow up from the TC954 letter.
Thanks
Jax
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 26/06/2008 : 00:22:17
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>>SO FINALLY my question is can I dispute this or is it too late.<<
My own view of this is that if they can try to claw back (alleged) overpayments from 2003/2004 then why can't we go back that far??
"Dave Anderson (Labour) MP for Blaydon rocks!!" |
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jax63
Rank; Hector Tax Inspector
United Kingdom
2 Posts |
 Posted - 26/06/2008 : 00:37:28
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Wow thanks for answering so quickly, I thought I was the only one still awake.
Thats what I thought, I wondered if the 6 year rule applied like with bank charges?
I just have this feeling there's cash out there with my name on it, just trying to find it |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 26/06/2008 : 02:30:59
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>> Wow thanks for answering so quickly, I thought I was the only one still awake.<<
Well I'm a dyslexic, agnostic insomniac - I sit around all night wondering if there's a dog.
I once went to a toga party dressed as a goat, but that's another story.
"Dave Anderson (Labour) MP for Blaydon rocks!!" |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 26/06/2008 : 07:15:28
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quote:
Originally posted by jax63
Hi
I have just refound the TC954 letter, which I of course never received a follow up to. I rang the number on the letter and asked what it was all about, they said they didn't know and to write in and ask. This sounded odd so I started searching on the net and came across this site, which is great.
I had been over paid (according to them)for 2003/2004 2004/2005 & 2005/2006. To be honest I couldn't work it out as it wasn't clear why, but just accepted it. Now I have ploughed through all their old forms and found part of the reason for this is they paid out for 4 kids, then said it was for three, on a later one it was for three then reduced to 2 children.
I have just realised that my eldest two WERE both in full time education 16 & 18 so they should not have amended it! I know it seems daft but we were getting tons of forms all saying different things, some dated the same day with different figures on and I couldn't make head nor tale of it, I assumed it was due to income changes.
SO FINALLY my question is can I dispute this or is it too late. On the paperwork it says you have 30 days to appeal, so obviously way out of time. Also has anybody else evr had a follow up from the TC954 letter.
Thanks
Jax
I would say don't be put off by HMRC saying "you have 30 days to appeal", just as we shouldn't be put off when they tell us we cannot appeal against our overpayment, because it's all just a smokescreen - "appeal" in HMRC terminology is different to "dispute", and we can dispute. Disputes can happen whenever you've been overpaid - no matter how long ago (why should it be one rule for HMRC and another for us?), and you know you have done everything you ever thought you had to when it comes to tax credits. All you have to believe is that it was not your fault but HMRC's, and that's why you think you were overpaid. So if you were honest and compliant and were shocked to be told you owed money, a dispute is what you need to have.
Now you'd think that doing all this would signal to HMRC that you are unhappy with your treatment, and that you want to complain, wouldn't you? Not so! You will either need to write a separate letter of complaint and plaster "Complaint" over it in red letters three metres high, or make it very clear in your dispute letter that this is also a complaint and that they must treat it as such.
Do have a look at the info on www.taxCC.org if you haven't already, as this talks you through it.
Good luck! I would always advise people to dispute and complain if they know they did everything they believed they had to do, because HMRC mess up so badly and pass the buck so much that they can badger and fool people into thinking that it must somehow be their own fault just because HMRC insist it is, and because they were so pathetic at setting out what they wanted us to do.
Don't let HMRC grind you down, 'cause they will certainly try. Don't be surprised, too, if they keep ruling in their favour in the early stages. This is completely normal and usual, and should just strengthen your reslve to win. Eventually they will come clean if you persist. Good luck!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 26/06/2008 : 07:26:12
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If you adopt the mindset that HMRC are vicious, not over-bright playground bullies and dispense their own 'justice' - and that they will bludgeon and harrass you for money at lightening speed whilst going into slow motion whenever you seek answers and actions from them, you will be psyched up for how the battle will be, and it won't get to you quite so much. Whether you fire off a barrage of letters and keep them constantly to task to speed them up (hastening "justice"), or act only as and when they make a move in a measured way so that you can get on with life and plan ahead when you need to, is up to you. Different approaches work best for different people. But don't expect a "sorry we have messed up - we have now written it all off" letter any time soon. If you stay with it and keep coming back here if and when you get stuck or it all gets on top of you, you will be just fine - we will look after you!
And you can win! Behind the scenes we do get a fair few "Thanks! My 'debt' is now cleared!" letters, but not all of them turn up in these threads, so take heart.
Not many people know that I was told by HMRC themselves that you can even dispute overpayments they've had you pay off already, as long as the above points apply (ie., you know it's not your fault, you did as you believed you had to, HMRC messed up, etc.) and you never got a fair chance to dispute last time!
So this now means that ALL overpayment victims can support "Justice is an Amnesty" without that horrible feeling that - if they do so - others will benefit whilst they lost out (which can worry some people a lot).
Please go and spread the word! And go out an win your disputes and give HMRC and this apathetic, avaricious, ostrich-like government the strong, clear message that we will not tolerate this abuse!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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How far back can I dispute
