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Has anyone officially challenged a tax credit overpayment?

9 replies

2plus2plus1 · 20/09/2006 11:41

I have received the forms to do this, and it looks like we have a case. Has anyone done this? Did you have to give any extra info after sending the form? Were you successful?

I just want to know if it is worth the effort.

OP posts:
MellyMum · 20/09/2006 14:55

I'm afraid I can't advise on whether its worth it or not, but I'm about to challenge an overpayment claim also. Once you send the form and they make a decision based on the information they say the decision is final and, if they still require the money back, that you cannot appeal against that decision,(although you can send them new info if you think it's relevant and still want to dispute the overpayment). Yet on the back of their code of practice leaflet it states that the information inside is for guidance only and that it doesn't affect any rights of appeal! I think the whole tax credits thing is a bit of a shambles myself.

Pomi · 20/09/2006 16:08

We have been overpaid in the last year so for the next six months we have to survive on 11 pounds a week. Dont know that we can apeal against it.

MellyMum · 20/09/2006 21:12

It depends on how much TC are asking you to pay back and whether it's worth it to you but I would definitely, at least, start the process of disputing the overpayment claim - especially if you feel you really haven't been overpaid, or if it was their fault. Then wait and see how your application goes, if it starts to get difficult then reassess how you feel about persuing it.
Why should they have the money if it rightfully yours?
I am wondering what they would do if any individual claimant were to say they would appeal through the courts, wonder if they would just write it off rather than go through that?

MrsForgetful · 27/09/2006 15:01

we've been overpaid and when i appealed they stated "we should have known we had recieved too much"....last week they suspended our award...witheld the whole months payment...lot of money- 3 of us disabled ...then reactivated our award- and reduced all further payments by £200 a month till april...no help ref the fact that they paid me NOTHING this month.

I cannot begin to tell you how sick i feel...

apparently our only hope is to get a CD they can provide with all calls i made to them recorded- in which i PROVE that at all times i checked and explained and whatever else i was 'reasonably expected to do' to get correct payments.

Unfortunately...we could all do with being trained to understand the way it all works...as even when they make a mistake...they still pin it on us cos "we should have known it was too much"

and another niggle i have is that when you have disabilities included in the award...you do get more money...so how am i supposed to know what i should have got???
I know no other family where the husband earns what my husband does and where the mum is on Incapacity benefit and DLA, and 2 of the 3 kids are autistic - also recieving DLA....and i cannot talk openly to any family or friends cos- they just see us as 'suviving on benefits'....

I don't want to post figures- but our tax credits pay our mortgage and most of the food- and if i was 'only' recieving say £300...i'd go to the papers about this...but cos our tax credits are significantly higher than that i feell 'shamed' into keeping quiet.

Last november they sent us a total of £3000 in one month!!!!!!! When i queried it they said it was backdated for a year and reffered to the disablity benefits for all 3 of us....yet £2400 of that they are now reclaimiing. Despite me querying it- i am still in the wtrong- i 'should have known'...well i did, i did check...i was told it was correct...we spent it.

my advice is to never spend any lump sums they send you....and in my case from here on...i am only using £300 of the money...and the rest can be looked after by my dad...wher i cannot spend it...ready to repay them,....as i cannot ever trust any money is mine ever again.

Also i will from now on photocopy all i send them...and send it in duplicate---2 separate envelops....as then they really cannot say i have not returned forms. oh- and always pay £4+ to send it bySpecial Delivery!

I feel now that we are penalised for being in receipot of benefits....as before then...we had a srtraightforward tax credit payments...only had hassle since DLA awarded.

MellyMum · 27/09/2006 19:08

I understand how you feel MrsF. You feel as if you are the one who has to pay for them not knowing what they're doing, right?! It is all very frustrating.

wrinklytum · 27/09/2006 19:51

Also been overpaid,their mistake.Grr.Payments reduced to £8 per week!!!Waiting for forms to challenge this.Hate them.They dont know their a**e from their elbow IMHO.Hope everyone here is sucessful with their challenges.

wrinklytum · 27/09/2006 19:54

Mrs Forgetful,do you by any chance have any idea when you phoned them?If you have then the call should be recorded and you should have a good case.When I hear stories like yours it makes me so angry.Good luck.

Charleesunnysunsun · 27/09/2006 19:54

I challenged them and sent in a dispute form as we were over paid by £3000 last year becuase they failed to send out a form we needed to sign. I knew we hadn't recieved it as i have a mad strict mail system in our house but since i couldn't prove it they rejected it so now i suposedly paying them back £5 a week but they have never sent me any payment slips either so i haven't as of yet!

MrsForgetful · 27/09/2006 20:30

i wish we could wave a magic wand.... and make them dissappear!

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