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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a letter from HMRC informing me that I owe nearly

Resolved Question:

I received a letter from HMRC informing me that I owe nearly £10,000 from 2 years ago. I had received no correspondence until 2 months ago. I totally oppose their decision and feel I should not have to pay anything as this is their mistake. Could I get help in this matter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether this is for tax credits or income tax?

Customer: Working tax and child tax credits
Customer: I do not claim this no more since the last 2 years
Customer: Will I get an answer tonight
Customer:

I have responded

Alex Watts :

Sorry yes I have been writing an advice.

Alex Watts :

Have they said you have been overpaid?

Alex Watts :

Was there a change in circumstance you failed to report?

Customer:

The overpayment was adjusted when I contacted them and they recalculate my payments. I also notified them of a change of circumstances when I started living with my partner which meant I was not eligible for any CTC or WTC

Alex Watts : Ok. Have you appealed the decision? What date is the decision letter?
Customer:

I have written for an appeal and they told me that I can't appeal and that I need to make payments

Customer:

I was sent a letter from a debt collection agency regarding making payments but I informed them that I could not pay the amount expected and they informed me that they will go back oto HMRC

Alex Watts : Ok. Did you ever receive the decision letter from hmrc?
Customer: They had sent me a letter on 18 July 2012 which said notice to pay. I responded to them on the 13.8 12 at 16.45 for 35 mins regarding five payments and then I never heard from them until August 2014 amount the payment of £9,873.83
Customer: Is there an option to speak with you as I feel I am not getting anywhere with answering these questions as it is a slow progress
Alex Watts :

There is an option but it is not included within this fee you have paid.

Alex Watts :

I only need to ask a few more questions before I can give you the answer, but I will submit an offer now for phone chat

Customer: When do I expect to get an answer. As I feel that I am not making any progress
Alex Watts :

Ok - so when you had the overpayment decision, did you not appeal?

Customer: When I received the letter on the 11th July I contacted HMRC and they told me that this had been passed to a debt collecting agency and that I should hear from them. I also put this in writing for an appeal . HMRC wrote to me saying that I don't have a case for an appeal because I never responded in the said time. I had not heard from them when I last spoke to them on 13.8.12
Alex Watts :

What you can do is appeal out of time.

Alex Watts :

You need to write and ask them to do this.

Alex Watts :

If they refuse then you could seek an appeal on the decision.

Alex Watts :

This will be reviewed by an Adjudicator at HMRC

Alex Watts :

If they find against you then you could seek a Judicial Review of the decision

Alex Watts :

That is where a High Court Judge considers the matter and sees whether decision is legal and reasonable

Alex Watts :

A Judge will either agree with the decision or remit it back for further consideration

Alex Watts :

However you would need a Solicitor for a Judicial Review because there are rules and procedures to follow.

Alex Watts :

But you can take this further

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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