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Thread: Tax Credits

  1. #1
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Question Tax Credits

    Hi Folks,
    Not been on here for a while and not sure if anyone can help with my problem. I'm sure in the past it was discussed on here though.
    Although I will be contacting CAB as it seems at the moment the only solution.
    I've had a shock yesterday as a bill for Tax Credits overpayments arrived. Totally out the blue. We don't get any Tax credits and have not for a number of years. But the problem is that we were overpaid back in 2004... 11 years ago! We disputed it then and we were sent a bill to pay back in 2006. At that point CAB took over and dealt with the problem on our behalf and in 2007 they shut the case as HMRC said there was no recovery steps in place to collect the money. So as far as we knew then and until yesterday the debt had been written off.
    So any advice would be welcome as to why to do.
    Incidentally the amount is from 2 overpayments in 2004 for aprox £3700. We are not in a position to pay back the money as we have no savings and pretty much struggle from month to month just getting by with a mortgage and several loans to pay off too. I have no credit cards and hardly any overdrafts to use.

    Thanks Andy
    Last edited by Andy R; 10th Oct 2015 at 22:44. Reason: Missed something out
    Andy
    Nothing ever Changes...but the shoes!

  2. #2
    Premium Member -Keith-'s Avatar
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    If the absolute last contact HMRC had with you was in 2007 then this debt maybe statute barred. Here is a very useful website that should help.

    http://www.taxcc.org/TCC_News/23/11/...r-6-years-old/
    If you're offended by any assistance I give, it says far more about you than it does me.

  3. #3
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Hi, Thanks for this... I think the last contact we had about the overpayment was end of 2006. We did claim some Tax Credits after that but been a few years now since we had any as it got to the point that it was hardly anything..
    I've messaged the CAB and they should get back to me to discuss the problem. Not quite sure how that HMRC will proceed if I ignore it, if they hand it to the debt collectors. I assume it would have to go to court before they were to come and take stuff from our home..
    Currently gonna try and resolve it before telling the wife.. As She thought it was done n dusted.. Gonna be a hard one to explain..
    Andy
    Nothing ever Changes...but the shoes!

  4. #4
    Premium Member -Keith-'s Avatar
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    Do not ignore it mate. Contact the CAB first, then follow the steps outlined in the above website if required.
    If you're offended by any assistance I give, it says far more about you than it does me.

  5. #5
    Premium Member caller's Avatar
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    Echo what Keith says, seriously do not ignore this.

    And I know this may sound daft, but are they asking you to repay, or saying they will force you to repay?

    I ask, as when I worked in both Central and local Govt. we had a policy of asking for money back, even if we couldn't enforce repayment. It was a kindly letter, laying out the facts about the reason for the overpayment, clearly stating their rights and then asking for the money back. I was amazed at how many actually did repay!

    Tax credits are a different category. One of browns few good ideas, but forcing the Revenue to introduce them before they were ready to do so - and they were openly vociferous about that - was a recipe for disaster that cost billions and caused, in the longer term, much distress to many recipients.
    'Tis me

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    I claimed for a while up to June 2011, and was overpaid, I did query the amount and it was reduced from over £3k to £700 and I paid that and got a receipt. In 2013, two years later I got a letter to say it hadn't been paid and they were threatening action. I rang them and they accepted they were at fault but a month later another letter arrived saying it hadn't been paid. I wrote a strong letter with copies of everything and the receipt etc. in early 2014 I got a reply to say their admin error and sorry it was paid in 2011. Not heard anything since but they aren't the worlds best. My son renewed his claim in June this year, he contacted them in August, we never received it they said despite the recorded delivery saying they did. He sent it all again and the money was only sorted out last week. He told me an agency now deals with it all.

  7. #7
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Hi, This 1st letter looks quite straight forward to do. Just fill in the info where the red is.. Do I need to include how much they say is owed or will their records show this anyway. I'm gonna get this filled in an sent asap tomorrow as I don't know how quick Cab can step in to help, plus I don't know how soon if I need to I can ge to see them with work.

    - - - - - - - u p d a t e d - - - - - - -

    I'm not going to ignore it as it is actually stressing me and needs resolving asap.. Thanks for your messages of advice.. I still have my old Cab letters that were sent to me explaining where we were up to back in 2007 and the case was closed... I'll send them copies if and when I need to..
    Andy
    Nothing ever Changes...but the shoes!

  8. #8
    Premium Member -Keith-'s Avatar
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    I would reserve those CAB letters for the Adjudicator mate.
    If you're offended by any assistance I give, it says far more about you than it does me.

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    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Spoke withCAB today and they sent me down the exact same root as your link above. Although a different page. Same thing with the 3 stages of letters... I've sent the version from your above post via registered post. So now await an answer .
    Andy
    Nothing ever Changes...but the shoes!

  10. #10
    Premium Member KhunIanB-UK's Avatar
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    Andy,

    Sorry to hear about your predicament, having had several dealings with HMRC they can be an absolute nightmare to deal with and some of their systems are horrendous, that link that Keith posted is a very useful and informative one. Hope it goes okay and that you don't have to try out their voice recognition software, if god forbid, you ever try to phone them!

  11. #11
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    No idea what the turn around is for getting replies from HMRC... But I can only assume while I'm waiting for them the bill will be passed on to the Debt collection dept while we wait and try to resolve it all..
    Andy
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  12. #12
    Premium Member -Keith-'s Avatar
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    Make sure that you send all correspondence by registered mail.
    If you're offended by any assistance I give, it says far more about you than it does me.

  13. #13
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    I did use registered... Although CAB said normal post was just as good....
    Andy
    Nothing ever Changes...but the shoes!

  14. #14
    Premium Member -Keith-'s Avatar
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    CAB giving bad info - tut tut
    If you're offended by any assistance I give, it says far more about you than it does me.

  15. #15
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    I'm guessing that they will take their time to reply to me... In the mean time as I have written and we are in communication via mail, they will not hand the case onto the debt collection dept just yet as it was due to be handed on if I ignored it, within 30 days of my last letter from them. That time is nearly up as we get to the end to the month.
    Andy
    Nothing ever Changes...but the shoes!

  16. #16
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Well came home to find a letter from the Tax Credits today.. Looks like a standard printed letter to me that they send out to a lot of people.. Not as personal as the previous one.
    Anyway, upon reading it doesn't make that much sense.. But pretty much saying I have to pay back the money regardless of what quotes of law I send.. They basically ask me to ring them so they can discuss how I will pay.. Or that's how I understand it.. I'm going to take a look at the above website and decide if I then send the next letter to them.. And also contact the CAB again and see what they advise...

    I've enclose the basic later without my details on.. What does anyone think or can you explain what they are saying ?

    Thanks

    - - - - - - - u p d a t e d - - - - - - -

    From what I can see from the above link though it does seem that I need to move on to Step 2 of the process and send the 2nd letter.
    Attached Images Attached Images
    Andy
    Nothing ever Changes...but the shoes!

  17. #17
    Premium Member KhunIanB-UK's Avatar
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    From their letter "delay inn replying" oh dear, looks more like a Nigerian scam rather than something from our esteemed Tax Collectors.

    Thank god for the easy and predictive step by step process Keith provided link to. Yes, looks like you will have to move on to the next step and prepare for the long game. Good luck with it being otherwise though.

    Worth continuing with though as my thinking is that if they were legally entitled to the money back then letters to you would have been of a more direct approach ie We overpaid you and your tax code is now XXXX which means you have paid us back by xx/xx/xxx unless you want to pay in full beforehand.
    Last edited by KhunIanB-UK; 6th Nov 2015 at 01:23.

  18. #18
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    It was on thin cheap yellow looking paper too...
    Oh well Step 2 letter sent via registered post.... So await to see where we are at from here...
    Someone said to me that even though communication is on going the tax office could just change my Tax code without asking and start claiming money back from me... I'd of thought that I w ould have to ok that 1st though...
    Andy
    Nothing ever Changes...but the shoes!

  19. #19
    Old Hand มือเก่า BigRed's Avatar
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    I found this quote on netmums post #15: http://www.netmums.com/coffeehouse/h...000-a-all.html

    Special note about tax credits:

    Following a House of Commons Public Accounts Committee report, HMRC has decided to no longer pursue collection of tax credit overpayments in the following circumstances:

    "Overpayments made between 2003/4 and 2008/9 for which HMRC have either received no payment in the past 12 months, or where the individuals cannot be traced."

    Our understanding is that the debts will not be written off, just not pursued.

    Also suggest you look at:

    http://www.taxcc.org/TCC_News/23/11/...r-6-years-old/

    which advises fighting

  20. #20
    Forum Regular สมาชิกประจำ
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    Interesting post BigRed. That is probably the reason why Andy R's reply from HMRC is peppered with 'we may pursue debt', 'we may do this', 'we may do that'. There was nothing very dominant in its tone.

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