Client has had overpayment of £2000,(Year 2003-4) due to official error. After waiting nine moneths for a response, the Inland Revenue have now confirmed they will recover (or continue to recover) the money. As well as contacting her MP, is there anything else we can do. Has anyone tried or been successful with a Judicial Review. (Client probably not entitled to Legal Aid - is it still called that?)

No reasons for the refusal as yet, only telephone conversation with TCO, letter has been in the post for the past 2 weeks.

Thanks for any help

The letter they send out includes the suggestion that you ask them to look at the issue again, if you're not satisfied with the decision. There's no harm in it, I suppose.

Have you thought of the Complaint Procedure set out in COP1, ultimately leading to the Independent Adjudicator? Takes a long time, but could be worth a go. Perhaps waiting 9 months for a response could itself be grounds for complaint, but you really need something to rebut the presumption that it wasn't reasonable for her to think the payments were correct, or alternatively evidence that she kept on telling TCO it was wrong and they ignored her.

We've been having MASSIVE problems with IR ever since TC's started.

We've currently got 5 complaints going through but this is taking some time.

One particular case has been particularly dreadful and we eventually wrote to the minister Dawn Primalo.

Today we recevied the reply. Apologised for the delay and confirmed that client would get £50 compensensation, also aplology to us for the delays within IR, however the letter stated that the overpyment (some £7,000) is recoverable because it was not official error as the client told them he was on Income Support and he was not.

Client did not state this, we have a copy of the original claim form! So we're absolutely no closer to resolving this particular case which has been very frustrating.

The complaint will go in today!!

Good luck to anyone with tax credit problems - you'll need it!

Thanks for the advice. I have now written to the Director and the Adjudicator, complaining about the time it has taken to make a decision and that the decision was unfair. I suppose it will be another 6 months before anything happens, unless the MP agrees to take it up.

Success, at last. We have finally been told that the overpayment will not be recovered. This only after the MP got involved and had a Dear Gerald personal reply from the Minister. What is the moral of the story - I spent months - letters, phone calls, arguements trying to fight the case, to no avail. One visit to MP, just before a general election, and it is all sorted.

Thanks for advice from all.