How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

I have a issue with Tax credits overpayments, in total it is

This answer was rated:

I have a issue with Tax credits overpayments, in total it is about 16K, one is 10K which we are paying back £100 a month, another is 5K which has been sold to a debt collection agency, and the last one is 1K which we are paying back, I have disputed the other 2 with HMRC and also my local MP but are getting nowhere, not sure what to do next, I need to get some professional advice.
Many thanks
Andrew Wagstaff
Hello Andrew my name is ***** ***** I will help you with this.Did you ever lodge a formal appeal for the overpayments?Alex
Customer: replied 1 year ago.
Yes we did lodge a formal appeal
Did it to go to a Tribunal?
Customer: replied 1 year ago.
No there was no tribunal, it's been going on for about 3 years, for the 10k they said I was living with my girlfriend but I had actually moved out temporarily for a few months, when I moved out my girlfriend claimed the tax credits again, we have questioned this on many occasions but got nowhere as it stands we are paying back £100 a month, I am waiting for all the documents from HMRC including phone calls award noticed and any letters written between us, they were requested about 2 weeks ago
When you initially had the overpayment decision, did you appeal that?
Customer: replied 1 year ago.
Yes we did
How long was that after the decision? Did they write back and acknowledge the appeal?
Customer: replied 1 year ago.
I believe they did, little bit unsure about this, that's why I requested all the info from them
Sure. But how long after that was when the decision was made?
Customer: replied 1 year ago.
I believe the decision was made within the time scale
So have they refused to hear the appeal?
Customer: replied 1 year ago.
I think they heard the appeal but it wasn't overturned
Ok. Did you appeal that appeal?
Customer: replied 1 year ago.
No we didn't, I think after this we went to our local MP, I can't remember if we went to the Adjudicator or not
ok, it's bad news I am afraid. If you lost the Tribunal decision and didn't appeal it that decision stands.In law it should have been appealed. you now need to seek leave to appeal out of time.If that is refused then you are stuck. I would have suggested a judicial review of the decision but this can only be taken 3 months after the initial decision was made. I assume you are out of time.So you have to seek leave to appeal, otherwise that is the end of the road.I am sorry if this is not necessarily the answer you want, nor the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Ok thanks for that, I will have to check all my paperwork before I make any decision
Customer: replied 1 year ago.
One more thing, we had another overpayment of £5237 which has now been passed to a debt collection agency, is it worth making them a offer to get it paid off, if so how much would be a reasonable offer?
Yes I would do so. I would offer no more than 50% at this time.Does that help? Alex
Customer: replied 1 year ago.
Yes thank you
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash and 2 other Law Specialists are ready to help you