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Tax Credits Overpayment

11 replies

DeathOrCake · 19/01/2012 11:59

Hello,

Looking for some advice please.
When our tax credits renewal came through last year, we were within the threshold, and no circumstances had changed, so we did nothing, and continued to receive a (small) payment every month.
In November my husband started a new job, so after waiting for a payslip with all relevant information on it, I rang HMRC to inform them of this. I knew our payments would then stop as it would take us over the threshold, which was fine.
I have now received a notice of overpayment, for over £400. When I rang to query this, I was told that halfway through last year the threshold was lowered, and we should not have been entitled to any payment from then.
I did not get a letter regarding this, so how would I have known?

I am the type of person who can't stand owing anyone anything, so to think I owe the taxman is really worrying me. I just don't have that sort of cash spare.

When I rang to query it today, I was told that I could appeal, and they would send me a form. The woman I spoke to said she didn't see how I could possibly have known I was being overpaid as we had done an automatic renewal.

Do you think I have a good case?
Thanks

OP posts:
AgentProvocateur · 19/01/2012 12:03

No - if you owe it, you owe it. Ignorance is no defence etc etc, but they might let you pay it back over time rather than in a lum sum.

DeathOrCake · 19/01/2012 12:22

Surely they should have notified me of the changes though?

OP posts:
notso · 19/01/2012 12:38

You can pay it back in installments.
We have just had to, we received three payments after the threshold was lowered. As we hadn't received any money for nearly two years due to a previous over payment after DH's wage changed three times in one year we just missed the money going into the account.
We didn't get a letter either, but I knew about the threshold being lowered, it was in the news.

DeathOrCake · 19/01/2012 12:39

Paying in instalments wouldn't be as bad. I didn't see anything in the media about it lowering.

OP posts:
QED · 19/01/2012 12:43

How much were your DHs earnings from April 2011? I think the limit is just over £40k now whereas it was a lot higher before. It was fairly well publicised from what I remember.

Fo0ffyShmo0ffer · 19/01/2012 12:46

Unfortunately I think you are going to have to pay.
We are currently in the process of having our tax credits cut to recoup an over payment of £4000. They have taken £300 a month off us.
It was the fault of the operative I spoke to when the initial claim was made but because we didn't cop it on the letter that was sent we are also at fault. So tough for us. It's paid back in installments over a period of time. I just don't fancy your chances at appeal.

DeathOrCake · 19/01/2012 12:50

£4000 Shock

DH's earnings were about £42k. The threshold before was £50k. We were receiving £38 a month.

OP posts:
notso · 19/01/2012 13:56

When I tried to see if we could claim any back as we had had a third child and I had given up work the (very rude) man said if our household income was over £35,000 then we couldn't claim anything even if I had 100 children.

Fo0ffyShmo0ffer · 19/01/2012 14:17

Notso- yes they are quite charming in their incompetence aren't they? Hmm

notso · 19/01/2012 14:32

Yes Fo0ffy, he was a real credit to his customer service training.
I could understand if I was rude to him, but I was polite but bemused.

Collaborate · 19/01/2012 14:51

I thought they would consider waiving the overpayment if you can show that the overpayment is not your fault. Didn't they do that a few years back when they cocked it all up once?

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