Benefit Overpayment?

[Riberaclass]

Have received letters today saying that we owe HMRC for overpayment of child tax credit and working tax credit. This relates to 2006/9/10. The letter indicates that there has been previous correspondence regarding this but I can recall nothing. In view of the time scale I no longer have any records of what was paid to us up to April 2010 which is the last year they are talking about.

Suggestions as what to do would be appreciated!

regards RL

[pompeyfaith]

Re: Benefit Overpayment?

I would send a Subject Access Request (SAR) for all the information they hold on you inc calculations used to arrive at there claim

Your can do this on the HMRC Form I have linked to below

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

Once you have this info which can take up to 40 days you will be in a better position so come back here when you have this, there is no fee to pay as is a GOVT Dept.

Regards

[Riberaclass]

Re: Benefit Overpayment?

Many thanks for that. I'll get the form completed & post again when we get a reply.
regards RL

[pompeyfaith]

Re: Benefit Overpayment?

Your Welcome even though it is a Govt Dept the onus is still on them to prove it is owed.

[PriorityOne]

Re: Benefit Overpayment?

A friend of mine received a letter like this and we negotiated monthly repayments of £5 a month. They tried to push for more but not too hard, to be honest and she's still paying it.

If it comes to it, don't just assume it will need to be paid back in one lump; you have to live at the same time.

[River Phoenix]

Re: Benefit Overpayment?

HMRC now using www.pastduecredit.co.uk without threat of doing so and these clowns want repayments in a couple of months. Of course, usual stalling tactics but my offer to repay over 24 months just ignored so an income expenditure form filled in online. Waiting for response.

[PriorityOne]

Re: Benefit Overpayment?

HMRC now using www.pastduecredit.co.uk without threat of doing so and these clowns want repayments in a couple of months. Of course, usual stalling tactics but my offer to repay over 24 months just ignored so an income expenditure form filled in online. Waiting for response.

I'm sure they do.... but what they want and what they get are not always the same. My friend sends a cheque each month for £5 and they get cashed.....

Did you make a Subject Access Request to HMRC to confirm their figures?

[SXGuy]

Re: Benefit Overpayment?

I think this needs to be tackled a bit more than just avoiding hmrc debt collectors.

If you are unsure what your income was for the years in question, you can not possibly know whether their figures are correct.
I dont think waiting 40 days for a SAR to come through is the correct approach.

The simple fact is, you can telephone HMRC and ask, for the details for those years. You must surely also know who you worked for in the years in question. If you cant telephone your previous employers to ask for the gross pay for those years, you could in theory ask your bank for 1 statement month during the years in question, to check the monthly net pay received, then work out what the yearly salary was.

HMRC can and do make mistakes, and if you are unsure it is owed, you need to be pro active in resolving this before you either start to offer repayments, or avoid making any.

[River Phoenix]

Re: Benefit Overpayment?

I'm sure they do.... but what they want and what they get are not always the same. My friend sends a cheque each month for £5 and they get cashed.....

Did you make a Subject Access Request to HMRC to confirm their figures?

Issue relates to disputed "overpaid" Tax Credits where one potential calculation does confirm their numbers. It goes way way back but we were in communication until May 2014 when I obtained the extension of non repayment until November 2014. Instead of the expected letter referring me back to the agreement made 6 months previously, all I received was the snotty crap from http://www.pastduecredit.co.uk/ (PDC) and when contacted, both HMRC and PDC said "tough luck" no way to go back to dialogue now and I'd just have to suck it up. Hence my post on here as a warning.

I don't think I'll get away with not repaying it relates to a non filling in of a tax credit renewal form which then penalises you from July back to April - fucked up system but the letter of the law is fairly clear, even if the practice is stupid. I have just been buying time and pushing it off over the horizon for a while. My offer to clear is over 24 months which as they haven't had a bean in 48 months seems fair to me especially as they (stupidly) cannot just take it from current tax credits.

[PriorityOne]

Re: Benefit Overpayment?

Your offer seems reasonable to you but of course, HMRC may think differently. As you seem sure it's owed though, start and maintain regular monthly payments based on the offer you suggested as once started, they're less likely to get sh*tty with you. You don't need to wait for a response from them first.

[River Phoenix]

Re: Benefit Overpayment?

Your offer seems reasonable to you but of course, HMRC may think differently. As you seem sure it's owed though, start and maintain regular monthly payments based on the offer you suggested as once started, they're less likely to get sh*tty with you. You don't need to wait for a response from them first.

This is the problem, it isn't anything to do with HMRC anymore as they attested to when on the phone. They sympathised but could not give an answer as to why they did not make additional contact before referral - something I think may be against some internal condition but it would be a fight.

The muppets at PDC don't care and have no ability to go past 6 months as a repayment timetable, even at supervisor level, without an income statement.

My advice would be to not rely on HMRC and to agree a schedule with them (I am on another £10 a month relating to a Crisis Loan from the 1990s !) or you could end up with fewer options than you think.

[PriorityOne]

Re: Benefit Overpayment?

They're debt collectors..... and will say anything to suit their own agenda. of course they can go beyond 6 months and if not, they'll just sell it on to some other outfit.

[Riberaclass]

Re: Benefit Overpayment?

Very interesting points but I'll send the enquiry first & see what they say. I've seen on another forum that 'debts' such as these can be subject to the 6yr thing where if you haven't acknowledged the debt or if you haven't paid anything during this time then they are no longer
able to recover the money??? I know it applies to credt cards etc and that if you lived in Scotland then they have a five year limit, but I've not seen anything on here about HMRC trying to recover benefits when they are over 5/6 years??
regards RL

[cymruambyth]

Re: Benefit Overpayment?

This covers limitation and tax credits http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm595080.htm . The earlier ones may be unenforceable, but you have another couple for the latter ones.

[Riberaclass]

Re: Benefit Overpayment?

Many thanks. We lived in Scotland so the surely the 2010 one they are asking for expires in April 2015??