How to Dispute a Tax Credit Overpayment: Step 1
Submit a TC846 Form (RRR)
If you feel that your overpayment was caused by TCO error, or a flawed system, or your award was too complicated to understand, print off and fill in the "Request to Reconsider Recovery of Overpayment" form, which is officially called a TC846 and is also known as an "RRR". Download form TC846
Don't spend too long filling it in though, because if and when your RRR fails, you will need to have 'new' details and information with which to re-appeal. So if you do it this way and it fails, you can just pad out and re-submit the details for the next stage. See here for some example TC846 content.
Send your completed form to this address:
Overpayments Dispute Team,
Tax Credit Office,
Preston,
PR1 0SB
Throughout all of this, keep full records of any contact with the Tax Credit Office; dates, times and content of telephone calls, copies of letters, etc.
Send everything by recorded delivery because the Tax Credit Office are now playing the 'we never received it' game and you may need proof of delivery at a later stage. Do not agree to meet with them, don't let them in if they turn up (tell them you are in RRR or dispute) and don't arrange repayment (ha!) until EVERYONE has failed your dispute.
If HMRC hassle you or affect your payments, complain that you are still in dispute and, as per their own legislation, they should not be seeking to recover until this process has been exhausted. You can use our sample "Dispute Status" complaint letter as a guide - just edit it to suit your circumstances.
This stage is only over if and when they write to inform you they have 'decided to not allow your request'. Before moving on to the next stage, respond back to them complaining if any issues have been left unaddressed / acknowledged and / or you feel their decision is unreasonable. You can use our sample "Failed Dispute" response letter - again, just edit to suit your circumstances.
If they start immediately hassling you for recovery before you are ready to respond, you can send them our "Pause Recovery" request letter.
Now, immediately move on to Dispute Step 2 and Claim Your Data!
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Who We Are: Tax Credit Casualties (TCC) is a voluntary, unfunded, not for profit UK organisation run by members for members. We offer free advice on how to dispute unfair overpayments based on our own experiences, the experiences of other claimants and HMRC guidelines.
Our Standards: TCC was established to provide advice and guidance on disputing recovery of non-fraudulent tax credit overpayments, and to lobby for fundamental change on the inbuilt flaws and inequalities of the tax credit system. TCC operate in a professional manner and endeavour to give accurate and appropriate advice based on information provided by members. TCC endeavour to respond to members as quickly and efficiently as possible, given the voluntary nature of the organisation and limited resources available. TCC is an inclusive organisation and will treat all members in a fair and equitable manner.
Disclaimer: Please note that we are not tax professionals and are working on a voluntary basis, unpaid, in our free time. Between us, we have a lot of experience and knowledge in this area, gained over the last few years of supporting victims and helping them fight for justice and their rights. Whilst TCC provide guidance and information on how to handle disputes, and even provide an advocacy service in some instances, neither TCC as an organisation nor any participating members are responsible or liable for outcomes of disputes, which remain wholly the remit of HMRC, the Adjudicator and/or the Parliamentary Ombudsman, as appropriate and dependent on the stage of dispute. We cannot take any responsibility for decisions made by HMRC, The Parliamentary Ombudsman, The Adjudicator, or any other organisation regarding claimants cases. Legislation, operating practices and individual cases change all the time, and while we aim to be professional and accurate at all times, please understand the circumstances we are working under and accept our support, guidance and information in the sprit it is offered; goodwill and camaraderie.
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