How to Dispute a Tax Credit Overpayment: Step 7
Take Legal Action
If you disagree with the outcome of the previous dispute processes and feel that you have been let down, you can also apply to bring legal action against one or all of the agencies contacted in the previous steps. For example: calling for a Judicial Review of the Tax Credit Office on the grounds of legality, or contravention of Human Rights by the Appeals Tribunal.
Do you qualify for Legal Aid? You may be able to bring an independent case against HMRC, which of course we would endeavour to support you with as much as possible.
TCC are currently trying to raise funds for a group action against HMRC. See the TCC Campaign Legal Points for more details. We are also researching into European Ombudsman jurisdiction on these cases, as well as looking into the possible applications of the Small Claims Court.
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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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