tax credit overpayment

[vanman]

Hi all need some help here
Had letter from tax credit about overpayment

From good advice form the LB site I was directed to this site http://www.taxcc.org/index.html


:typing:
Sent in a dispute form, also called a TC846
And also sent a SAR



Just received a letter from HMRC demanding payment :colbert:

They have failed to respond to my previous letter

So I am now going to send the HMRC dispute harassment template
The problem is the address on the letter is
Mrs D Roberts
HMRC
DMB 410
BX5 5AB

Post code BX5 5AB does not exist googling the post seems to show
A false postal address to send any reply’s to
Meaning that they would not receive the harassment letter
Any ideas on the correct address
Please

[Wombats]

Re: tax credit overpayment

The most likely post code is BD98 1YY ( http://forums.contractoruk.com/accou...-envelope.html )

Please do not take this as 100% accurate though, as this has clearly been a big issue, there's tons on Google about it. This just seemed a logical explanation to me, though if that postcode still is not found, I guess you are best off phoning them before posting anything.

[vanman]

Re: tax credit overpayment

I guess you are best off phoning them before posting anything.

good idea phoned them :cell:

they say looking at the data on the system i have indeed sent a dispute form and it is on now on hold until you receive info that is required to sort it out .:clap2:

[des8]

Re: tax credit overpayment

From past experience: make a note of date & time of call and to whom you spoke.
Send any letters,forms etc signed for.

I think HMRC and DWP are given courses in how to lose documents.

[FlamingParrot]

Re: tax credit overpayment

I first received a letter arguing tax credits overpayment in Sept 2012. I sent back the dispute form and instead of getting a reply, months later I started getting letters from a DCA called Advantis. I then sent a letter of complain to HMRC with a copy to Advantis who put the account 'on hold' and I never heard from them again. Then some time around a year ago I heard back from HMRC arguing I still owed them for the overpayment but not supplying any statements or calculations showing how they arrived at the figure quoted. I wrote back saying exactly that and they passed it on to Akinika who were sending me 2 or 3 txts a day and a few letters. This went on for a few months but I've not heard from them (or anyone else) since the summer. :grin:

[vanman]

Re: tax credit overpayment

Update got all doc requested by the sar all phone calls on disk.
And today I have received 25 separate letters (W.T.F) with all my awards from 2009.

[FlamingParrot]

Re: tax credit overpayment

Update got all doc requested by the sar all phone calls on disk.
And today I have received 25 separate letters (W.T.F) with all my awards from 2009.

Do they show how they arrived at the figure quoted for overpayment?

As I've been left alone with regards to the alleged overpayment, I'm letting the puppies snooze away, however, should they awaken, I'd be interested to know what sort of info came back as a result of the SAR.

[vanman]

Re: tax credit overpayment

I can see that they over paid me by £330 in 2011
But they reduced payment in 2012 to cover that

• masroll:
  

They have not replied to the TC846 yet until they do
I have no info to compare any of the data with
The ball is in their court.

• masdopey:
  

If the sum is from before 2009 they have a problem
They told me that any data before 2009 has been disposed of
Because DPA say they don’t need to keep it
taking that to mean any proof they may of have retarding any overpayment before 2009
is in the bin.

• 
  
  

[FlamingParrot]

Re: tax credit overpayment

I can see that they over paid me by £330 in 2011
But they reduced payment in 2012 to cover that
They have not replied to the TC846 yet until they do
I have no info to compare any of the data with
The ball is in their court.
If the sum is from before 2009 they have a problem
They told me that any data before 2009 has been disposed of
Because DPA say they don’t need to keep it.

Tax credit overpayments do go statute barred for the purpose of recovery through the courts, however, they can still be recovered by making deductions from tax credits if you are claiming them or by changing your tax code.

Whether they can be recovered from benefits is not very clear at the moment, :noidea: they will be able to recover them from universal credit.

They also claim to use distraint to recover overpayments, however, I've yet to see someone posting about distraint being used for recovery of tax credits.

This makes interesting reading, even if it doesn't actually paint the full picture: http://www.revenuebenefits.org.uk/ta...ry_from%20_DWP

[vanman]

Re: tax credit overpayment

however, they can still be recovered by making deductions from tax credits if you are claiming them or by changing your tax code.

that maybe true but i have a letter saying they do not hold any data pre 2009 if they do then they need to send it as i requested
it in the sar.

Whether they can be recovered from benefits is not very clear at the moment, :noidea: they will be able to recover them from universal credit.

not receiving any benefits or universal credits.

This makes interesting reading, even if it doesn't actually paint the full picture: http://www.revenuebenefits.org.uk/ta...ry_from%20_DWP

it certainly does as i have low income. £14,560 pa

[stressball]

Re: tax credit overpayment

Flaming Parrot, came across your reply on this post. My wife and I are being chased for overpayment of child tax credits to the tune of about £3500.
We've had letters from various debt collecting agencies over the years, but most recently from Rossendales. The tone of their second letter (approx 1-2 weeks after I ignored the first) is now very threatening, with reference to enforcement orders, bailiffs and so on. I'm not phased by this, to be honest, and will continue to ignore any contact. My reason for doing so, is that I have not acknowledged this (bogus) overpayment debt since after the kids went to high school - and this was 7 years ago. As I live in Scotland, the statute barred period is 5 years. However, can you completely confirm that child tax credits are subject to statute barred status??

[stevemLS]

Re: tax credit overpayment

I believe it is s9 of the Limitation Act 1980 that you are looking for.

9 Time limit for actions for sums recoverable by statute.E+W

(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

(2)Subsection (1) above shall not affect any action to which section 10 of this Act applies.

[FlamingParrot]

Re: tax credit overpayment

I believe it is s9 of the Limitation Act 1980 that you are looking for.

9 Time limit for actions for sums recoverable by statute.E+W

(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

(2)Subsection (1) above shall not affect any action to which section 10 of this Act applies.

The Limitation Act 1980 does not apply in Scotland where the OP lives and the Prescription and Limitation (Scotland) Act 1973 applies instead.

Flaming Parrot, came across your reply on this post. My wife and I are being chased for overpayment of child tax credits to the tune of about £3500.
We've had letters from various debt collecting agencies over the years, but most recently from Rossendales. The tone of their second letter (approx 1-2 weeks after I ignored the first) is now very threatening, with reference to enforcement orders, bailiffs and so on. I'm not phased by this, to be honest, and will continue to ignore any contact. My reason for doing so, is that I have not acknowledged this (bogus) overpayment debt since after the kids went to high school - and this was 7 years ago. As I live in Scotland, the statute barred period is 5 years. However, can you completely confirm that child tax credits are subject to statute barred status??

[stressball]

Re: tax credit overpayment

Cheers FP!

I'm aware of this for normal debits, but does it definitely cover tax credits - are benefits not exempt from being statute barred...?

[FlamingParrot]

Re: tax credit overpayment

Cheers FP!

I'm aware of this for normal debits, but does it definitely cover tax credits - are benefits not exempt from being statute barred...?

The thing is, limitation only refers to recovery through the courts, however, the government can recover overpayments in other ways, such as deductions from benefits/tax credits as well as direct earnings attachments: http://www.legislation.gov.uk/uksi/2...0130384_en.pdf

http://www.legislation.gov.uk/uksi/2013/384/note/made