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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Has anyone been successful in getting proof of an overpayment from tax credits?

35 replies

JackieWeaverIsTheAuthority · 12/02/2021 18:10

I’ve received a letter today telling me I have received 3 over payments dating from 2017-2020 totalling £1560. I am currently paying back an alleged overpayment from 2013 out of my universal credit and I assume they intend to carry on taking more once that alleged overpayment is paid back to cover these new alleged overpayments. The first over payment I wrote asking them to provide the breakdown of the payments and the calculations used to show where/how the overpayment occurred, I never received any response. This was years ago. They never contacted me again then suddenly when I moved from tax credits to UC in April they started taking money from it to pay back this overpayment that they never proved existed.

So I intend to write to them again asking for proof of these new overpayments but I need to know exactly what I need to ask for. Is a FOI request appropriate?

It feels so wrong that they can just let things lie for years and then just turn up an announce that I owe money and they’re taking it without having to provide any evidence of the overpayment.

OP posts:
Original poster
JackieWeaverIsTheAuthority · 12/02/2021 18:12

Btw I claimed tax credits continuously until April of 2020 so there was opportunity for them to take back any over payment from my tax credits since 2017 instead of waiting until 2021!

OP posts:
Snowymcsnowsony · 12/02/2021 18:13

Have you spoken to their collections department? They have much more information than the general helpline.

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 18:14

I haven’t spoken to anyone yet so thank you I will start with them.

OP posts:
Thehop · 12/02/2021 18:15

They did this to me and I’m losing a fortune replaying them now for payments I received due to their error 5 years ago. It’ll take me 9 years to pay back 😭

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 18:19

@Thehop I have heard of so many people going through the same. I don’t understand how they can just sit on an alleged debt for years and then decide they’re taking it back without having to prove you owe it.

OP posts:
Snowymcsnowsony · 12/02/2021 18:20

Offer to do a financial disclosure form and they have to accept minimum payments.. I pay £15 a month from an overpayment from more than 5 years ago.

Sofetikal · 12/02/2021 18:22

They screwed me over too, I appealed but lost and had to pay back £1200. I had called them to inform them of a slight change to my salary. A year later they denied I ever called despite me having an award letter confirming it. Sent them a copy in the appeal, still lost. I believe tax credits do this a lot

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 18:26

@Snowymcsnowsony

Offer to do a financial disclosure form and they have to accept minimum payments.. I pay £15 a month from an overpayment from more than 5 years ago.
Once the debt is proven this is what I will do.
OP posts:
Dogscanteatonions · 12/02/2021 18:28

It's a nightmare, I'm still paying back tax credit overpayments from over a decade ago and now they reckon I was overpaid over 500 early last year so they're deducting that from my universal credit. I have always always informed them of every single change as soon as it's happened. I have no luck at all getting any explanation that ever makes sense. Have given up it's impossible.

Thehop · 12/02/2021 18:29

What really grinds is that o was never dishonest so any mistakes are their bloody own.

Oblomov21 · 12/02/2021 18:31

I too had a nightmare with them. As have everyone I know. I know how to deal with them, I've had years of dealing with HMRC, who are equally frustrating, but I just find them unaccountable. Disgusting really.

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 18:37

It is disgusting. I’m trying hard not to get angry. Things couldn’t be worse for me financially right now since covid started. If I give in to anger I will fall apart completely.

OP posts:
Sh05 · 12/02/2021 18:37

Same here. We are repaying an overpayment. We had informed them, received a new award in post but still they say we didn't let them know of the change.
We tried to insist at the time that we repay in larger instalments as we had some emergency money saved, but they refused this offer. It's been four years, our savings are all gone this year but obviously they still continue with the repayments. I wish I could freeze them for a more convenient time.

raspberryk · 12/02/2021 18:38

I had similar, gave up fighting after I’d already fought and won an eligibility case.
They still never paid me maternity allowance over income support and I ended up paying back a tax credit “overpayment” that didn’t exist.
Also had various UC overpayments through their error and have had to pay those back too.

I can’t wait to not need them anymore!

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 18:39

I can’t wait to not need them anymore!

Same!

However the fear that they could appear in another 4/5/10 years and decide I owe them more is always there.

OP posts:
danni0509 · 12/02/2021 19:05

I had a tax credit ‘overpayment’ that took 18 months to pay back a few years ago.

We’ve just gone onto UC so I dread to think what they will magic up 😕 I’ve heard they are being ruthless with it to claw back money.

How much do they take off your UC a month now @JackieWeaverIsTheAuthority for your overpayment, if you don’t mind me asking?

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 19:09

How much do they take off your UC a month now @JackieWeaverIsTheAuthority for your overpayment, if you don’t mind me asking?

Currently £65 per month. When I was working and earning they were taking £100 per month.

OP posts:
Original poster
JackieWeaverIsTheAuthority · 12/02/2021 19:14

Sorry, currently £61. When I was working it was £101.

OP posts:
Noideaatall · 12/02/2021 19:15

We had exactly the same, they claimed they'd overpaid us, we challenged it over and over asking them how it had happened. We had always kept them informed of every change to circumstances. DP just paid it in the end as he didn't have the time or energy to keep fighting.

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 19:16

This is what I think they rely on- people giving up the fight because they make it so bloody hard to get any info.

OP posts:
Dolallytats · 12/02/2021 19:25

I had this a few years ago. Got a letter saying I had been overpaid, even though I had reported my change of hours. Then, when I thought the amount I was getting was too high I called them several times to tell them I thought they were overpaying me. They insisted each time that the amounts were correct.
When I contacted them explaining this, they told me that it wasn't their fault as I must have known that i was getting too much. Umm, yes, I did suspect this was the case but was assured that the figures were correct.
Had to pay them back. It doesn't seem to matter how or why there is an overpayment (and I've had overpayments even when my finances haven't changed Hmm you will be told you're at fault and you'll have to pay it back.

1Morewineplease · 12/02/2021 19:30

Are you able to access a financial consultant? The Citizens' Advice Bureau might be able to help.

I once had an issue with Tax credits. They actually phoned me and told me that I was entitled to them as I was a SAHM.
I informed them of my husband's salary and said that I wasn't entitled.
They told me that my husband's salary had no bearing. I said that it didn't seem right but they were adamant that they were correct in calculating my entitlement.
So I took the money for about three years.
Then I got a letter telling me that I wasn't entitled to the money and that I needed to pay it back. Quickly. !

Not only that... the amount that I had to pay back was in excess of the amount that they'd paid me!

Owing to my previous job, I'd learned to make a note of dates, times and callers' names and so I was able to inform them of the initial call . ( Which was recorded.)

It ended up that I only had to pay back a nominal amount and the rest of the money owed suddenly disappeared.

I kept being chased, once a year, for about three years. I kept phoning and quoting.
The issue finally disappeared.

Original poster
JackieWeaverIsTheAuthority · 12/02/2021 19:31

I don’t understand how they can get away with this. Even when there is a paper trial they can just ignore it and get the money off you. How is that allowed?

OP posts:
Original poster
JackieWeaverIsTheAuthority · 12/02/2021 19:32

Yes I think the citizens advice is where I’ll be headed. I’m not happy just to accept their word for it and hand over all that money.

OP posts:
Gatehouse77 · 12/02/2021 19:37

@Thehop

They did this to me and I’m losing a fortune replaying them now for payments I received due to their error 5 years ago. It’ll take me 9 years to pay back 😭
If you can prove it's their error you don't have to pay them back. Or at least I didn't when this happened to me. That said, it took nearly 2 years and constant communication to prove it. Thankfully, I'd made a note of every call, which call centre, name of the person I spoke to and a summary of what was asked/answered. I did have to get a copy of the calls and pick out the parts which proved my case after someone from HMRC had allegedly done this and found 'nothing'. It takes a lot of determination and time. Being a stubborn git who doesn't like being told it's my mistake when it's clearly not I was willing to keep on top of it.