Example TC846 Content

Here are some examples from Paula's TC846 content:

• When we first received confirmation of our award I rang the helpline because the figure of upper income limit on page 2 seemed wrong. I was told I would be contacted if there was a problem. I never was. When the second award notice had the same figure on, I again rang to enquire, and again nothing was changed. I reasonably assumed that no change was needed, and have always informed your service of all changes of income in time. I exceeded my duties to keep you informed and make reasonable checks but still nothing was done. I can not be expected to know that anything was wrong after going to such lengths.
• I was never made aware that awards were based on estimated earnings for the year, as most of my application was dealt with over the phone (and even the pamphlets are seemingly deliberately unclear on this matter). And that even without the above errors, payments could still be recoverable. To recover the payments made in your error would cause me great hardship.
• As you can see, I have not played ignorant throughout this process, I have tried to keep abreast of the convoluted system, but it seems deliberately set out to trip the general public up. The manner in which my subsequent calls to your agency were dealt with only expatiated the situation. I was originally told I could not appeal the recovery, and was treated in a most offhand manner. Like the repayment of nearly £4000 was a matter not worth getting upset about!
• "I could not reasonably have known the payments were wrong because I supplied all the required information, on time."

Below are some examples of other things you could add, if relevant to your dispute:

• If you rang to check or you questioned the figures, highlight if you where told your award was correct or were told you would be notified of any changes. Argue that you could not be reasonably found liable for the errors on such an overly complicated claim.
• Due to the above actions, it was reasonable to expect that the amounts being paid were right; therefore you should not be expected to repay the money.
• Request a 'detailed breakdown of how the overpayment occurred' - especially useful it they are claiming varying amounts or different reasons.
• Any errors you already know of. Don't 'blame' these errors for the overpayments just yet, just list them; "I was informed this was correct", "you had my income down as nil" or "you recorded that we were in receipt of JSA when we were not", etc.
• For cases caused purely by the design of the system, (i.e. the system is so slow that overpayments have occurred by the time changes of circumstance have been updated), argue that you provided the right information and were not made aware that you would be risking debt by changing your circumstances.
• Complain that payments should have been reduced "in-year" to reduce overpayments.
• State that you are aware HMRC have instructions to be more lenient in disputes for the first two years of Tax Credits (2003/04 and 2004/05) due to the errors and complexity of the initial system.
• State that, because you are disputing the overpayment, they should not attempt to recover it until the dispute is complete.