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Old child tax credit over payment,

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  • Old child tax credit over payment,

    Just received a letter say we owe a large sum of money from Child tax credit over payment. Something we had no idea about. But I left the country over 7 yrs ago.
    we notified them. We’ve never had a letter from them. Never notified while living in uk.
    can they just insist we pay it back now?
    I have no way to pay the amount. Is there a time limit ?
    so stressed.
    Tags: None

  • #2
    They will want it back, in saying that, there is a 'cost of living crisis', which they know about.

    You should be able to make arrangements to pay back, what you can afford each week / month.

    Some useful info - https://www.citizensadvice.org.uk/be...%20been%20paid.

    Comment


    • #3
      Are you in the UK now?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        How did the overpayment arise?

        Anyone dealing with this type of circumstance might find this link useful https://assets.publishing.service.go...taff-guide.pdf

        Knowing how they work can help when making appeals!

        Comment


        • #5
          To answer the above questions. I’ve no idea how they over paid or when or dates. There’s no information. Just a letter with a bank account details and amount we owe.
          we left 7.5 yrs ago and still in EU.

          Comment


          • #6
            Originally posted by Mummymouse View Post
            To answer the above questions. I’ve no idea how they over paid or when or dates. There’s no information. Just a letter with a bank account details and amount we owe.
            we left 7.5 yrs ago and still in EU.
            Send them a Subject Access Request. Information might be helpful.

            https://legalbeagles.info/library/gu...ccess-request/

            Comment


            • #7
              As you are completely unaware of the alleged overpayment, write and ask them for details of how it allegedly occurred.
              Point out that as this is the first intimation you have received of the alleged overpayment, you haven't been told of your right of appeal.

              Neither admit nor deny the overpayment


              Under the Limitation Act the period for benefit overpayment recovery is six years, but that period begins when a final decision is made on the overpayment.(so don't mention it yet, but keep it in mind!)

              Comment


              • #8
                Thanks ever for your replies above. I was up to my neck before Christmas , so didn’t reply to your posts.

                so are you saying I should send a letter for details on how they overpaid us? With dates etc? I have no idea how I would word such a letter so as not to incriminate myself. I would be very grateful if someone could help guide me.
                we own no property in uk, no bank accounts in uk. I made contact with DWP ( about 4-5 yrs ago) for them to issue a “ don’t qualify for S1” to join the healthcare system here.
                any help in how I word the letter would be greatly appreciated.

                Comment


                • #9
                  Thank you for your letter dated [ ].

                  I am unaware of any overpayment of child tax credit so can I ask you please to provide the following information:
                  [list information requested]

                  Yours etc
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    Atticus . Thank you so much. I really appreciate your help and quick response. Best wishes.

                    Comment


                    • #11
                      Make sure you get Proof of Postage when sending letter.

                      Comment


                      • #12
                        Thank you Echat11. You answered my other question. The letter they sent is dated 4/12/23 but I didn’t receive it until the 21/12/23. Should I state that in my reply?

                        Comment


                        • #13
                          Originally posted by Mummymouse View Post
                          Thank you Echat11. You answered my other question. The letter they sent is dated 4/12/23 but I didn’t receive it until the 21/12/23. Should I state that in my reply?
                          So it arrived just over 2 weeks from the date on the letter. I wouldn't bother simply because, although it has 4/12/23, it probably wasn't posted for 6 / 7 days, so sat awaiting to be posted / mailing office / tax credit, then the journey to you wouldn't be first class, so add 5 days.

                          Comment


                          • #14
                            Echat11,
                            thank you.

                            Comment


                            • #15
                              UPDATE.
                              today I received another letter. Saying they recently wrote to me ( that was 7 mths ago) I did respond to that letter and stated I had no knowledge of their claim and I would like like dates and bank details as proof. They did not acknowledge that letter and make no mention of receiving that letter I sent. Today this letter states overpayment and their bank details to repay but nothing else.
                              we have officially lived in France for 6yrs, 11 mths and 2 weeks lol. We notified them before we left uk to permanently live here.

                              do I just leave it? And wait for a more threatening letter from them?
                              Appreciate any help/input from those in the know.
                              many thanks

                              Comment

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