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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a dispute with the Tax Credit Office, I informed them

Resolved Question:

I have a dispute with the Tax Credit Office, I informed them immediately that I was to poorly to work and I was awaiting an operation, I was told this would not affect my Tax Credits and to ring again in May once my SSP ran out. The lady I spoke to took my details and asked about my op. I explained to her I was on the waiting list and Hoped it would be before the end of the year, and that I am now on ESA. She calculated my Tax Credits and said I was still entitled to them and to ring back around the end of November, my op came threw at this time, a letter came when I was in hospital asking me to ring them before 6th Jan or my benifits would cease. I phoned once I came home to be told they thought I was working in another part of the company? and that I should not have received any tax credits at all from the end of May. I have written to know avail they are not interested and I have been sent a bill for £4,600, I have tried to get an appointment with a solicitor who said wait until they threaten me with court action, can this be right, very worried.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Have you appealed the decision yet please?

Customer:

Yes, there response was if I have nothing else to add to what I had already said, the amount must be returned. Thank you.

Alex Watts :

Ok - that is a re-consideration.

Alex Watts :

Must write formally and use the words appeal

Alex Watts :

You do have a limited time to do that/

Alex Watts :

Once the appeal process is in place then it will be sent to a Social Security Tribunal

Alex Watts :

That Tribunal will decide whether you have been overpaid for not

Alex Watts :

But this is independent of HMRC

Alex Watts :

You have a right to appeal, but a limited time

Alex Watts :

If the appeal fails or you are out of time then you owe the money and you can't do anything

Alex Watts :

Even if they took you to Court, you would lose, a Court has no discretion to go behind the overpayment decision

Alex Watts :

But write and ask formally to APPEAL - you have this right

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I will repeat to them what I have already said and just say that I am appealing against the decision.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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