Shall I take it further?

[tigwig]

3 years ago the IR messed up with my child tax credits and over payed me almost �1400. I immediately requested to pay it back and they refused to let me. Obviously my current award was then stopped and I didn't get a penny from them until Jan 08.
In between July 05 and Jan 08 I received letters asking for the money back (which I didn't have then). I made around 20 phone calls to them and filled in a form twice about not having to pay the money back. In the last few months when it was getting closer to being sorted out I spoke to several different people and was told the overpayment was going to be written off and I would get all the tax credits I should have been getting from 05-08 back. Unfortunately this was not done in writing. I have now been told that I will be getting the money back but the overpayment has not been written off and will be taken off the money they are paying me which leaves me with hardly anything after expecting a lot more.
Because I was told the overpayment would be written off on more than one occasion shall I write to them again or just forget about it? This is money we desperately need as hubby has been out of work for 4 months. I think it is wrong for them to tell me one thing and do another but appreciate that it may be pointless arguing with them any more. Where do I stand on this?

[sara3]

hi tigwig, first.. this isn't my area if expertise (but was overpaid and got it written off as they'd made a right old mess of it) but here's my advice.

ask them to put any decisions in writing. once you've had it in writing you can formally appeal against the decision if you think it is wrong. if you don't win an appeal you can take it to a tribunal. it may be worth a shot, but a lot hangs on why you were overpaid in the first place. best of luck x

http://www.direct.gov.uk/en/MoneyTaxAndBenefit s/TaxCreditsandChildBenefit/TaxCredits/DG_0738 15

[thugulike]

Try telling them in writing that you are so desperate you are contacting your MP. And then do that. This immediately creates urgency and someone will check that what they're doing is correct. The culture of of organisations like this annoys me intensely. They were set up to help people not cause untold angst. Make them do their job and properly. Please don't give up. CAB may be able to help.

[Rollo]

The problem is that if HMRC make a mistake then it is your fault, not their's, because the onus is on you to spot that they have made a mistake.

Just how anybody is expected to be able to do that is a mystery though.

[tigwig]

Thank you for the answers. You have made my mind up, yes I will fight them on this! I need the money more than they do!

[themas]

Definitely go on fighting them. But sara is wrong to say you can appeal. You cannot appeal against a decision to recover an overpayment. What you can do is to complain and go on through their complaints procedure, and then to the Independent Adjudicator & eventually if your MP agrees to the Parliamentary Ombudsman. Get COP1 - details of the complaints procedure - from HMRC website.

This can go on for months or years but it can be worth it.

If you have not already done so, put in a Data Protection Act request and ask for a CD of all calls (make sure you ask for calls made to you - if there were any - as well as ones you made) and copies of all paperwork and screen prints. Until you get it & study it you won't know what you might find that helps you. The phone calls where they told you it would be written off should be there, & will certainly help.

This can all become quite complex. It could well be worthwhile going to your local CAB for help. Also involving the MP is a good idea.