How to Dispute a Tax Credit Overpayment: Step 4
Contact Your MP and Get Them Involved
If you haven’t already done it, send your MP your case history and a copy of your RRR form (TC846) if you have one, including any responses you have had. Include a covering letter outlining your complaint, and ask them to contact the Tax Credit Office on your behalf to dispute that you should be made responsible for the error.
If you don't know who your MP is, or how to contact them, search for your MP's details using your postcode, constituency or their name. Some of our members have said that when they e-mailed their MP through They Work For You, they got a faster response. Another easy to use site is Write To Them; they have a good help section about what to do if your MP doesn't respond.
If they don’t contact TCO for you, or if your MP does not respond helpfully, contact your MP again. This time do it by phone; they have to issue their home and local numbers to local directories etc., so use them. This is the stage where you need them to get active. We have lots of evidence that active involvement of your MP goes a long way to a successful outcome.
Don't be fobbed off with, 'I can't get involved in the process ' etc. - they can and will. In fact they are the only ones who can refer you on to some of the next stages of the process. They are your elected public representatives; they HAVE to act on your behalf, it is their duty and SOLE purpose of Office. They have access to a specialist Tax Credit Hotline for instructions on how to help you, so tell them to use it. If your MP still won't help, advise them that you will make a complaint against them.
Do not agree to meet with HMRC, 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.
If HMRC still decide that you have to repay the overpayment, it's time to take your dispute to The Adjudicator in Dispute Step 5!
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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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