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Haia Child tax overpayment - I have been try to contact

Resolved Question:

Haia

Child tax overpayment -
I have been try to contact the overpayment team since September after having a bill from them for £7012 - but been on hold every time - I sent in a letter in October ask about one aspect of the child care allowance - and all my receipt of child care with this letter - never had a reply to this date
phone the welsh line all in before the end of the three month time limit. they told me that they could not help me and advice me to write to the overpayment and they sent me a form that took about 2 week to arrive.
I wrote to the overpayment team on the 13 December - heard nothing back from them on the 1 of February wrote again highlighting some thing in there 'Charter' because they had not respond to me.
this morning I had a letter saying that because they had not received my letter within the three months of date of the bill of £7012 that they would not look into my dispute of the overpayment and that I have to pay the overpayment.
I have phone bill to proof that I have been on hold 11 time in the tree months period and the letter i sent in October.
I have had no explanation of the overpayment and I do not agree with them that I owe them £7012.
What is my next step?
Thank you
Esyllt
Submitted: 3 years ago.
Category: Tax
Expert:  TaxRobin replied 3 years ago.
Hello,
I understand that you have been having a difficult time.
The letter you received about the 3 month period is correct on the surface. The agency is going by the date they received the letter in February.
They are not acknowledging the letter you sent in December.
I am hoping you sent the first letter by registered/sign for service so you have additional proof of your first dispute.
The phone bill would not sway them at this point but you should make copies of it as well and highlight the times you phoned showing the length of the call.
Send copies of this and the first letter you sent with the form TC846 you completed (the TC846 was most likely the form sent to you when you called ).
They will only accept a late dispute in exceptional circumstances,
for example, if you were in hospital for that three month period. If you have all the required proof of that first filing and the letter you sent in October you may be able to get them to change their mind if your reason in the beginning for not having to repay would have been valid.
If the mistake was their fault then they can change the decision up to 5 years later. So your reason for their decision on repayment is important.

You only have 30 days from the date on that last letter to ask them to relook at this so act fast.

Here a leaflet for you to go over too if you were not sent this with the first form when you called.
http://www.hmrc.gov.uk/leaflets/cop26.pdf
Customer: replied 3 years ago.

Haia Thank you


 


overpayment team have not acknowledge my letter in October - but the Welsh line said that they have received it.


 


they said that the letter in December is to late for the dispute of overpayment!


 


I have workout from amount owed an amount paid that I do not owe them £7012.


 


I have not been in hospital for three months!!


But I have been trying to phone them - thought it would be easer !?


 


thought wrong.


 


so, your advice is to keep writing to them with:-?


 


the letter from October that I have had no response to


the phone bill highlighting the calls


the letter from December showing the over payment dispute


 


let me know thank you


Esyllt

Expert:  TaxRobin replied 3 years ago.
Yes, that is my advice. Send a copy of everything you have and copise of the letter you first sent and the second with the form.
In your letter you will need to make sure and explain your exact actions along with the dates you took those actions.
Explain why you do not agree with their repayment.
Customer: replied 3 years ago.

thank you


 


I have sent in in December showing why i do not agree with the overpayment - but they say because it over three months they will not investigate it - but the first letter was within the three months - but I was not actually disputing the overpayment then I wanted an explanation for me to work out if their was an overpayment.


 


I have also ask for all data to be provided for me under the accesses of personal data act - so then I can work out for my self if their is an overpayment - then I should be able to challenge them if they have made a mistake - yes?


 


I will send in the letter this weekend


 


thank you


Esyllt

Expert:  TaxRobin replied 3 years ago.
Yes, send the letter as quickly as possible. This is not a guarantee that they will immediately change their mind. You are trying to get them to accept that even though your first letter may not have followed all the procedures you are not an expert and relied on them to correctly assess the credit and to also return a response about your first inquiry.
They are going by the date they finally received the correct form so mention that in your statement.
Customer: replied 3 years ago.

Haia


sorry i no I am a pain


 


but I did not use the form TC846, because it did not come for a while - so I sent in a letter disputing and show my calculations why I was disputing.


 


Will that make any different?


 


thanks


Esyllt


 


 

Expert:  TaxRobin replied 3 years ago.
To an agent in the HMRC yes, that is why I said to explain that you did not send the form (which is general procedure) but, you did respond in written form and ask that they accept that first request for review.
You could also add that procedure for disputes on tax is not something you would readily know.
You just want them to relook at the first request and accept that as the date. They do not have to but they can.
Customer: replied 3 years ago.

thank you


 


So really they do not have to do anything?


 


I have jest received a package of all my data from the HMRC this afternoon - copy's of the phone calls are not included - I will have to write to them again about the phone calls.


 


If I can work out that they made a mistake from these data- can then challenge them? or can they still say its to late?


 


thanks


Esyllt

Expert:  TaxRobin replied 3 years ago.
If they made a mistake you can dispute based on their mistake. The correction can be made in 5 years, meaning the 3 month would not stop the correction.
The first thing though is to get them to accept teh first response form you as a valid dispute.
Customer: replied 3 years ago.

ok


 


how long do they have to response to me if I post a recorded delivery letter on Monday.


 


because they took almost 2 month to reply to a letter i sent in December and that was after i sent another letter on the 1/2/14 reminding them of the letter of the 13/12/13 .


 


 


What is there code of conduct to respond?


 


thanks


Esyllt

Expert:  TaxRobin replied 3 years ago.
They normally contact you by 45 days.
You should call and let them know after you post if you do not hear back from them in 30 days.

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