H.M.RC. Overpayment

[dukebhoy]

I was recently on Working tax credits and child tax credits,Hmrc said I was overpaid and want it back it's now been passed to rossendales. But I've been put back onto benefits as It was a mistake I've recently been sent all the relevant paperwork

[FlamingParrot]

Re: H.M.RC. Overpayment

I was recently on Working tax credits and child tax credits,Hmrc said I was overpaid and want it back it's now been passed to rossendales. But I've been put back onto benefits as It was a mistake I've recently been sent all the relevant paperwork

Have Rossendales written to you? What does the letter say? Do bear in mind Rossendales are BOTH debt collectors and bailiffs, not just bailiffs. They may well be acting as debt collectors. I note you have posted this in the bailiffs area.

HMRC have been chasing me for alleged tax credits overpayment since 2012 and no bailiffs have been involved. They passed it on to Advantis who did threaten to send "an an officer of HMRC", and that "failure to pay the officer may lead to your possessions being seized and sold at public auction". They gave up the ghost when I sent them a copy of my letter of complaint to HMRC for not having provided any calculations to show how they arrived at the figure quoted.

As my thread is in the VIP area, I've quoted below the post that links to how to complain to HMRC. (Thanks to PlanB for the link :yo.

http://www.hmrc.gov.uk/taxcredits/th...complain.htm#1

[buds68]

Re: H.M.RC. Overpayment

I recieved a letter from Child Tax Credits saying they wanted proof that my Daughter who is 19 is in Education,When i renewed last year i told them that she would be going to University in Sept 2013,i thought they noted this an payments would stop now thay are saying i have been overpaid !Is there anything i can do to fight this !!!

[Sir Vere Brayne d'Emmidge]

Re: H.M.RC. Overpayment

Send them a copy of your 19 year old enrolment form at uni, or ask her (daughter) to get the university secretary to write a letter to whom it concerns that she has been in full time education since dd/mm/yy and she will be until dd/mm/yy

[Inca]

Re: H.M.RC. Overpayment

Hiya
To be honest HMRC (and specifically Tax Credit Dept) are being a right royal pain in the bum lately.
Some comedian decided to drag records up from 30+ years ago and ping letters out left right and centre saying there has been overpayments ,non payments of social loans etc etc (I got one for WTC,,I've never claimed or received such a benefit)
Do as the guys above say...give them proof and get them off your back,,it's the only way to shut them up

Good Luck:tinysmile_twink_t2:

[Inca]

Re: H.M.RC. Overpayment

Hiya
To be honest HMRC (and specifically Tax Credit Dept) are being a right royal pain in the bum lately.
Some comedian decided to drag records up from 30+ years ago and ping letters out left right and centre saying there has been overpayments ,non payments of social loans etc etc (I got one for WTC,,I've never claimed or received such a benefit)
Do as the guys above say...give them proof and get them off your back,,it's the only way to shut them up

Good Luck:tinysmile_twink_t2:

[buds68]

Re: H.M.RC. Overpayment

Ive recieved a letter demanding i must pay back £1880.00 overpayment, When i renewed last year i did inform them my daughter will be attending university,after that i never heard nothing an my mental state went downhill from there!Dont know what to do or how im going to pay this back,they are saying even though University is full time Education you are not entitled to Child Tax Credits !!!So why did they not tell me this when i told them my girl will be starting Uni in September 2013,How am i going to pay this back !

[buds68]

Re: H.M.RC. Overpayment

please someone give me advice !!!!

[Amethyst]

Re: H.M.RC. Overpayment

Ive recieved a letter demanding i must pay back £1880.00 overpayment, When i renewed last year i did inform them my daughter will be attending university,after that i never heard nothing an my mental state went downhill from there!Dont know what to do or how im going to pay this back,they are saying even though University is full time Education you are not entitled to Child Tax Credits !!!So why did they not tell me this when i told them my girl will be starting Uni in September 2013,How am i going to pay this back !

How and when did you inform them that your daughter would be attending university from September ?

Have you spoken with the tax credits office since receiving the overpayment letter ?

[buds68]

Re: H.M.RC. Overpayment

Hi i told them when i lost my job in June last year an also when i renewed last year before July ,no i have not spoke to them my mental health is deteriating an can not cope with talking to any one at the moment ,i just break down an cry i dont know where to go from here !

[FlamingParrot]

Re: H.M.RC. Overpayment

Ive recieved a letter demanding i must pay back £1880.00 overpayment, When i renewed last year i did inform them my daughter will be attending university,after that i never heard nothing an my mental state went downhill from there!Dont know what to do or how im going to pay this back,they are saying even though University is full time Education you are not entitled to Child Tax Credits !!!So why did they not tell me this when i told them my girl will be starting Uni in September 2013,How am i going to pay this back !

Sadly you can only claim tax credits if your child stays in "non-advanced" education, this excludes university level courses.

http://www.hmrc.gov.uk/taxcredits/ke...e/child-16.htm

Full-time, non-advanced education will usually be in a school or college. It includes courses like:

• A levels, or similar qualifications like Pre-U or the International Baccalaureate
• Scottish Highers or Scottish Group Awards
• NVQ at Level 3
• Traineeships as part of 16-19 Study Programmes in England

You can't get Child Tax Credit if your child is doing:

• higher education, such as a course at university level
• education provided by their employer
• education provided through any office they hold - for example if your child has an official role such as scout leader or councillor, and the education is provided as part of that role

[FlamingParrot]

Re: H.M.RC. Overpayment

Hi i told them when i lost my job in June last year an also when i renewed last year before July ,no i have not spoke to them my mental health is deteriating an can not cope with talking to any one at the moment ,i just break down an cry i dont know where to go from here !

Try not to worry too much, I've been disputing my alleged tax credits overpayment for nearly two years and I've not been chased by HMRC very much during that period. At some point they unleashed a debt collector, but they were rather gormless compared to other DCAs I've dealt with.

If you really have no argument to dispute the overpayment and you are being pressed for payment, you may consider putting forward a repayment offer that you can realistically afford, based on your income and expenditure. There is no need to talk to anyone, it's always best to keep it all in writing. This is a good online budgeting tool which you can use without logging in or having to register, and you can save the resulting file in Word format. :nerd:

[charleypink]

Re: H.M.RC. Overpayment

normally you have to inform the tax credits of any changes when they have happened. So really, the advisor you spoke to when you renewed your claim should have informed you of this and advised you to call back when the change has happened.

[buds68]

Re: H.M.RC. Overpayment

normally you have to inform the tax credits of any changes when they have happened. So really, the advisor you spoke to when you renewed your claim should have informed you of this and advised you to call back when the change has happened.

I was not told to call back an when i renewed in july i said again my girl will be starting Uni an still was not told !I get 128.08 a fortnight what can i offer to pay out of this !

[FlamingParrot]

Re: H.M.RC. Overpayment

I was not told to call back an when i renewed in july i said again my girl will be starting Uni an still was not told !

As per my post above, if you feel you have not been given the right information, you could complain in writing, explaining what happened and why you feel you were misled: http://www.legalbeagles.info/forums/...761#post409761

At the very least, it should buy you some time while they investigate.

I get 128.08 a fortnight what can i offer to pay out of this !

Presumably that's from benefits (JSA?)

I would send a complaint first, stating that you told them about your daughter being 19 and going to university, etc., i.e. you DID update them about your circumstances. They may still insist that you pay but:

1. It will give you some breathing space and
2. You will have put forwards your arguments to show that it was THEM who made a mistake.

You can then tell them you are on benefits and could only offer them tokens, but that will come later. As I've said before, my case has been going on for nearly two years.

For the sake of clarity, it is a common misconception that tax credit overpayments do not go statute barred but that's not the case, they are subject to the Limitation Act like all other debts. This is straight from the horse's mouth:

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm595080.htm

Limitation Act 1980

England and Wales

Debts that are not tax
In England and Wales only, the Limitation Act 1980 provides that recovery action for debts should commence within six years from the debt becoming payable. But Section 37(2) of the Act excludes proceedings for recovery of tax or duty and interest on tax or duty thus there is no time limit for those debts.
Other debts that are not tax, for example

• contract settlements
• tax credit overpayments
• Child benefit overpayments
• National Insurance Contributions
• Statutory payment recoveries (Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay)
• overpaid Child Trust Fund contributions
• Student Loan repayments and
• National Minimum Wage Act penalties

are subject to the Limitation Act, and action must be taken within six years “from the date on which the cause of action accrued”. In this context an action is the lodging of a complaint in the magistrates’ court, the issue of a county court claim form or the levying of distraint. In this same context the date on which the cause of action accrued is the original due date of the liability.