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Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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about a year ago, I have received a letter from HM Revenue&Customs

Customer Question

about a year ago, I have received a letter from HM Revenue&Customs (Debt Management and Banking). the letter says that I have been over payed of a sum of £754.64 through tax credit. They ask me to pay back this money.
I am now over 66 years of age and since I was 60 in (2007) I did not work at all and get The State Pension instead.I do not understand now how and why I was over-payed through my tax credit ?. So I ignored the letter and other reminders until today when I received a letter says that I must pay this debt or they will refer the matter to a debt collection agency.
I am with my wife living on the skin depending only on the pension credit and cannot afford to pay back. I need your advice. thank you.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and 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. For now please let me know was there a change in circumstances that you failed to report?
JACUSTOMER-kzkkuwm5- :


AlexWatts2013 : On what basis are they saying you were overpaid?
JACUSTOMER-kzkkuwm5- :

no basis all the letter says : our records show you were over paid too much through tax credit

JACUSTOMER-kzkkuwm5- :

period ended 01/09/2008 child tax credit overpayment £754.64

AlexWatts2013 : Did you get an overpayment decision?
JACUSTOMER-kzkkuwm5- :

i dont know what you mean by that , all the letter says i have been overpaid . thats all the information i have

AlexWatts2013 :

I see. You will have had a notification decision advising you that there has been an overpayment. If there has been no change in circumstances and you have declared everything then you can appeal against this decision. But you should do it quick as you have a limited time by law in which to lodge an appeal. The process is very simple, you write to HMRC and give notice that you wish to appeal. They will notify the Social Security Tribunal who will list the appeal for a hearing. HMRC will provide you and the Tribunal a bundle of documents and if there is anything that you wish to give evidence about you can submit that too. The Tribunal will then decide whether the overpayment from HMRC is correct or not. But the only way to challenge this is with an appeal - if you are in any doubt you can also see the Citizens Advice who may be able to help you prepare for the appeal.

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

AlexWatts2013 : I see you have rated poor service. How can I change this or what else do you want to know from mean. I have given you the legal position above. Alex
Expert:  Nicola-mod replied 4 years ago.

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