Is this correct? This is what they told me on the adviser's line:

When TCO receive a dispute letter or TC846 they only suspend recovery of overpayment whilst they're investigating it. If they decide against the claimant, the suspension stops and recovery continues. TC is paid monthly. Suspension will ONLY take place if the payment date is during the investigation period.

So,if for example the payment day falls two days after they have decided not to waive the overpayment, then there is NO suspension.

If this is correct, then it's a bit of a lottery and suspension is almost meaningless.

Wed 04-Jul-07 08:45 AM by clive

I will reply to my own post (sad or what!)
Rang them again. This time they didn't agree with their previous colleague's explanation - above - No suprise there. They said that they will only suspend once - after the first dispute, and no more. But I read their COP26 to them(April 07 version says same as old one), which says it will be suspended AGAIN if new circs and you're still unhappy.

There are two issues:
1. Which is true? suspend once only or more than once? Their guidance suggests the latter.
2. If it is the latter - then is the above description of the process correct?
Perhaps someone who meets them nationally can ask them to clarify this?

From the last consultation group meeting it is my understanding that if the overpayment is being actively disputed then suspension will take place.

By active, I mean production of new evidence, failing that then a formal appeal if there are thought to be valid grounds, or the institution of complaints procedure at various levels right up to Adjudicator/Ombudsman.

I asked some weeks ago now for this to be confirmed. I will let this group know as soon as it has been.

Also in a released letter to the Treasury Sub-Committee last month Dawn Primarolo said it was now HMRC policy for:

"suspension of recovery where a family disputes an overpayment until the issue is resolved"

hi john

is a copy of this available on-line, by any chance? : )

Although connected, I have started a new thread about the PROCESS of the dispute/complaint process.

Hi, a letter has been received regarding recovery of an overpayment. After a telephone call to the payment helpline to put a hold on the recovery as client is going to see MP, I was informed that this was not possible. A decision was made previously that payment was recoverable and if payment arrangements were not set up county court proceedings would take place, incurring costs to client.
Is this correct? What do I do to stop court costs if incorrect information?