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Thread: Tax Credits

  1. #21
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Another update... Another letter arrived today, with big wording 'Do Not Ignore' from a debt collection company asking me to ring them, (no emails allowed) with my payment details, i.e. visa card... Phone calls at 7p a minute.
    I'm then informed basically pay up or they will have to hand back to HMRC saying I either ignored their letter or refused to pay..
    I'm now going to send off the harassment letter to them as per the site above.
    I've had no word back from HMRC since I sent my second letter either. I'm guessing my debt was passed on to the debt collection agency a while ago, even though I had written to HMRC.
    Not sure if it's worth contacting CAB again as I seem to be going through all the processes via the website above. Not sure they can do any more than I'm actually doing, or whether it's worth getting some kind of record on their CAB files to say they have advised me of the same root.

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

    Looking through that net mum's website there seems to be an awful lot of folks in the same boat. And just the tip of the iceberg. Some seem to have just a greed to pay though and some holding out and fighting... I will continue my fight!

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

    Here is the Debt collection letter.
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    Andy
    Nothing ever Changes...but the shoes!

  2. #22
    Premium Member Gary & Nok's Avatar
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    Andy, did a little Googling on LCS and Rebecca Carter, Interesting!

    I know this is about a different type of debt (gas) but this link to Martins Money might interest you. It seems they are a bully boy company and can not actually do anything unless they apply to the courts, which will cost them. The threatening letters appear to be in the hope they will scare people in to paying when they do not really have to.
    I'm ONE of the 52%

  3. #23
    Premium Member -Keith-'s Avatar
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    Mmmmm, the same cheap yellow paper too.

    Did the first letter tell you how to pay ? Are the details the same ?
    If you're offended by any assistance I give, it says far more about you than it does me.

  4. #24
    Premium Member KhunIanB-UK's Avatar
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    Cheeky so and so company, charges to contact them and threats of may and could! Keep up the fight and good luck. Even though it's "our" money it's "them" that was in the wrong giving it out and then expecting you to be the ones that lose out due to their mistake, especially when, in clawing it back, it could be a life changing amount to pay.

  5. #25
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    I sent off the Harassment letter to the debt collection company, using the template from the above site.. Registered post so they have to sign for it.. Wasn't sure whether to send it as CAB never got in touch to advise me.
    Anyway from looking through the website via the link above they just appear to be a bully boy company. Hmmm.. I did think about ignoring them but the letter seemed to be the best way of dealing with them.
    Obviously they don't realise that I've been in contact with HMRC in the last two weeks anyway. Any correspondence I have sent are probably sitting in different trays somewhere waiting to be dealt with before they even put two n two together.
    I'm not gonna lose sleep over it anyway.

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

    One was from the HMRC and the other from the Debt company..
    Andy
    Nothing ever Changes...but the shoes!

  6. #26
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Hmmm.... The debt company have now replied to my letter of harassment as per my pic... Not quite sure how to respond now as I seem to have run out of templates from the above site.
    They now appear to want me to begin payments and then be refunded if it's found that HMRC are in the wrong.. I'm not in a position to have the money nor do I want us to live like paupers every month. If I begin paying them that would admit they are right as I'll never get any money or an admittance they were in the wrong from HMRC...
    So I need to put together some sort of reply to this debt company again. I certainly won't be phoning them.

    I'm thinking that it should be along the lines of:

    ‘I received your demand on x date. You are advised that this matter is under ongoing dispute and that HMRC have failed to respond to my previous letter. The demand infringes both HMRC obligations and my legal right to dispute the alleged overpayment. As such HMRC are misrepresenting their power to pursue recovery and your behaviour is therefore harassing and criminal.
    I am therefore awaiting further contact via HMRC as I have been in communication via post with them on two occassions on x date and X date and they are dealing with my dispute and therefore should not of handed my problem onto your the debt collection company.
    Any further communication on this debt will be in response to HMRC and not yourself's.'

    If anyone can suggest any rewording that would be helpful.
    I may need to contact CAB again. But they have not been in touch again after I tried contacting again via email.
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    Andy
    Nothing ever Changes...but the shoes!

  7. #27
    Premium Member KhunIanB-UK's Avatar
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    How about the follow up from the harassment letter and pay a visit to the police with your paperwork, letter and continued harassment in their response, which includes the name of the Customer Care Manager :-)

  8. #28
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    I'd prefer to not go to the Police yet... Although they say in this one that have taken note. Maybe if they harass me any more I will, but....
    I'm thinking of sending one more letter to the Debt company in response with something along the lines of the above, and another to the HMRC asking if they are further forward with a reply to my previous letter.
    I had hoped that the debt company would have referred me back to HMRC as they had said they would if I didn't pay, in their 1st letter. That was an idle threat then. And this latest is just another bullying / scare tactic I think..

    Any wording you can think of that I should put in my follow up letter to the debt company do you think Ian?
    Andy
    Nothing ever Changes...but the shoes!

  9. #29
    Premium Member -Keith-'s Avatar
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    Did you not write to the adjudicator as detailed in step 3 ?
    If you're offended by any assistance I give, it says far more about you than it does me.

  10. #30
    Premium Member Gary & Nok's Avatar
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    I might add something along the lines of SCAM letters as mentioned online in various sites including Martins Money.
    I'm ONE of the 52%

  11. #31
    Premium Member KhunIanB-UK's Avatar
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    I'd prefer to not go to the Police yet... Although they say in this one that have taken note. Maybe if they harass me any more I will, but....
    Andy, that's what they rely on, people being too "nice" to do anything, read the 2nd to last paragraph in their letter again, they are ignoring your rights and communication, all they want is the money. The Police will also most probably make you feel like you're wasting their time, similar to how I was made to feel when reporting "petty" theft, but that company is harassing you and will continue to do so if you reply "nicely" back to them :-(

  12. #32
    Premium Member -Keith-'s Avatar
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    It's important to determine whether Andy has referred his case to the Adjudicator per step 3. If he has then he should respond to the debt management company accordingly, giving the date of that letter. He should also tell them that he will enter into no more correspondence with them, while awaiting the adjudicators decision.
    If you're offended by any assistance I give, it says far more about you than it does me.

  13. #33
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Hi Keith, No I have not reached Step 3 with the adjudicator. I am still awaiting a reply from HMRC for my letter from step 2.
    Andy
    Nothing ever Changes...but the shoes!

  14. #34
    Premium Member -Keith-'s Avatar
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    I wouldn't bother waiting mate, get a letter of to the adjudicator pronto.
    If you're offended by any assistance I give, it says far more about you than it does me.

  15. #35
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Continue straight to Step 3 of the letters then?

    I've got a letter together to send to the Debt company although it is probably going to fall on deaf ears.
    I was going to contact HMRC for a reply to my last letter, but maybe like you say, move straight onto step 3.
    Andy
    Nothing ever Changes...but the shoes!

  16. #36
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    After looking at Step 3 I have decided to follow Keith's advice and 2 more letters will be sent out tomorrow to the HMRC and the Adjudicators office.
    I have also put a letter together to send out to the debt company LCS, as follows:
    Dear Sir /Madam,

    Regarding HMRC's repeated recent demands for repayment and the recent payment demands from LCS, I am writing to inform you that I am in contact with HMRC.

    HMRC have been previously informed that these alleged overpayments are subject to The Limitation Act 1980. Yet HMRC have continued to make repayment demands and failed to respond to questions as to the legality of pursuing a statute barred debt.
    This letter is to confirm that I continue to resist responsibility for the alleged overpayments, and do not accept as appropriate their response to my invoking the Limitation Act 1980.

    As such I am now refering the matter to the Adjudicators Office for comment and a decision regarding the appropriateness of HMRC actions.

    As I have the right to refer complaints regarding HMRC actions to the Adjudicators Office, and because this is a matter of questioning the legality of HMRCs practice, any attempt by HMRC or LCS to pursue me for repayment whilst I do this will be considered harassment and dealt with accordingly.


    Yours faithfully,


    I'm hoping that don't sound too nice but it is to the point. Any changes do you think?
    Thanks for all your help folks.. I'm trying to keep my stress levels down with it all.
    Andy
    Nothing ever Changes...but the shoes!

  17. #37
    Premium Member Gary & Nok's Avatar
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    Maybe include the letter to LCS so they have a copy and can see that you have gone to the Adjudicators Office, then they cannot say that they know nothing about it!
    I'm ONE of the 52%

  18. #38
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Letters now sent out to Judicators, HMRC and LCS.
    Andy
    Nothing ever Changes...but the shoes!

  19. #39
    Veteran ผู้มีประสบการณ์ Andy R's Avatar
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    Another update... A bit of good and bad... The bad 1st.. The Judicator's replied and said that they were unable to do anything until HMRC had replied and I had completed Step 2 of the process...
    The good news is that the Debt company have sent a letter saying they are handing my dept back to HMRC to resolve and are no longer going to be chasing me.... So now I await the HMRC to respond...
    I did find in the meantime a letter from HMRC from way back in 2007, admitting the overpayment mistake and an apology, but then in the next breathe saying I should of realised their mistake and was therefore liable to pay it back.
    Oh well it's at least put a smile on my face that the debt company are ceasing the chase. Every time I came home from work I was expecting another demand letter.
    Andy
    Nothing ever Changes...but the shoes!

  20. #40

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    It's not a nice feeling dealing with Hmrc

    They now have an American company going through claims & sending letters asking people to prove their earnings etc. This company has been in the press as they work on a fee for money claimed back so essentially they are in a fishing trip.

    The wrote to me in June saying they 'think' we've been overpaid & requested all bank & building society statements for 2 years!!

    Now, I used to be a civvy police financial investigator so know that if you refuse they need to go to a crown court & apply for a production order to access this info, I also know these people are NOT accredited to do so, of which I told them.

    In the end I sent them my wife's p60 in a letter demanding the exact evidence they needed. After 3 mths they responded saying they were satisfied all was above board!!

    Trying it on.

    But back to the overpayment the op has, I think there's either a 6 or 11 yr rule to claim money back.

    Maybe you'll need to pay by agreeing a payment plan but as said it isn't going away unless HMRC confirm they no longer want you to repay in writing.

    I'd be onto then to get this letter ASAP


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