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    • hedgemonkey66
    • By hedgemonkey66 15th May 17, 9:42 PM
    • 15Posts
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    hedgemonkey66
    suprise letter
    • #1
    • 15th May 17, 9:42 PM
    suprise letter 15th May 17 at 9:42 PM
    hi,
    today i recieved a letter out of the blue from HMRC...

    your tax credit debt of £47**.00
    our debt collection agency has returned your debt to us.
    we're very disappointed that, despite previous requests for payment, you still haven't paid us what you owe.
    we now believe that you have made an active choice to ignore us, so we're going to look at other ways to pursue this debt. if you don't pay or contact us in the next few days, one of our collectors may call at your home to discuss payment options.

    1) this alleged debt is from 2003, 14 years ago!
    2) although there was a joint claim with an ex partner at around that time, i have NEVER received ANY correspondence in regard to it. we separated, i moved, the payments stopped, i presume she informed HMRC.
    3) i am on the electoral roll, have a current tax credit claim with a new partner, so have not been exactly difficult to find, surely their 'debt collection agency' would have been in touch?
    4) everything i have read online say this alleged debt is statute barred, even if i did owe it, which i dispute.
    i would normally just ignore it, but my partner has just buried her brother and is off work, and the last thing i need is some bloke knocking the door about some alleged debt from years before i met her....

    any advice, anyone? thanks.
    Last edited by hedgemonkey66; 15-05-2017 at 9:46 PM.
Page 1
    • Tigsteroonie
    • By Tigsteroonie 15th May 17, 9:50 PM
    • 22,438 Posts
    • 55,929 Thanks
    Tigsteroonie
    • #2
    • 15th May 17, 9:50 PM
    • #2
    • 15th May 17, 9:50 PM
    Debts to government agencies such as HMRC aren't subject to the usual limitations and don't become 'statute barred' after six years.
    Going to become Mrs Marleyboy for real

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

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    • hedgemonkey66
    • By hedgemonkey66 15th May 17, 9:55 PM
    • 15 Posts
    • 0 Thanks
    hedgemonkey66
    • #3
    • 15th May 17, 9:55 PM
    • #3
    • 15th May 17, 9:55 PM
    thats what i thought, but there's a hell of a lot of info to the contrary, including solicitors' pages and other 'informed' scources, not just some 'blokes down the pub'.
    • TELLIT01
    • By TELLIT01 15th May 17, 10:18 PM
    • 3,611 Posts
    • 3,681 Thanks
    TELLIT01
    • #4
    • 15th May 17, 10:18 PM
    • #4
    • 15th May 17, 10:18 PM
    Safest route is to call them. They have now traced you and it won't go away by ignoring it.
    • NYM
    • By NYM 15th May 17, 10:53 PM
    • 3,352 Posts
    • 5,862 Thanks
    NYM
    • #5
    • 15th May 17, 10:53 PM
    • #5
    • 15th May 17, 10:53 PM
    hi,
    today i recieved a letter out of the blue from HMRC...

    your tax credit debt of £47**.00
    our debt collection agency has returned your debt to us.
    we're very disappointed that, despite previous requests for payment, you still haven't paid us what you owe.
    we now believe that you have made an active choice to ignore us, so we're going to look at other ways to pursue this debt. if you don't pay or contact us in the next few days, one of our collectors may call at your home to discuss payment options.

    1) this alleged debt is from 2003, 14 years ago!
    2) although there was a joint claim with an ex partner at around that time, i have NEVER received ANY correspondence in regard to it. we separated, i moved, the payments stopped, i presume she informed HMRC.
    3) i am on the electoral roll, have a current tax credit claim with a new partner, so have not been exactly difficult to find, surely their 'debt collection agency' would have been in touch?
    4) everything i have read online say this alleged debt is statute barred, even if i did owe it, which i dispute.
    i would normally just ignore it, but my partner has just buried her brother and is off work, and the last thing i need is some bloke knocking the door about some alleged debt from years before i met her....

    any advice, anyone? thanks.
    Originally posted by hedgemonkey66

    You're only responsible for 50% of the debt.

    I'm unsure about the debt becoming statute barred.
    • Londonsu
    • By Londonsu 15th May 17, 10:53 PM
    • 1,319 Posts
    • 2,834 Thanks
    Londonsu
    • #6
    • 15th May 17, 10:53 PM
    • #6
    • 15th May 17, 10:53 PM
    I would send them a subject access request
    https://www.gov.uk/government/publications/data-protection-act-dpa-information-hm-revenue-and-customs-hold-about-you/data-protection-act-dpa-information-hm-revenue-and-customs-hold-about-you
    asking for all the data they hold about the alleged debt, I believe they cant continue collection whilst the debt is in dispute but I am sure one of our resident tax credit will have more info, I also believe that in the case of a joint claim they can go after either partner so if your ex partner didn't inform HMRC you may still be liable but again hopefully someone with more knowledge will be along.


    This link may help
    http://revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/dealing-with-debt/
    • Darksparkle
    • By Darksparkle 16th May 17, 6:53 AM
    • 4,316 Posts
    • 2,731 Thanks
    Darksparkle
    • #7
    • 16th May 17, 6:53 AM
    • #7
    • 16th May 17, 6:53 AM
    With ex partners it is HMRCs policy to collect 50% from each. They can technically collect from one party however it's not their policy to do so.

    If the debt is from 2003 it is out of time for any dispute or appeal action unless you can prove that you have never been notified before. The subject access request mentioned above would be how you would do this. However all HMRC need to show is that at least one letter has been sent to you. They don't need to prove you actually received it.

    I'm surprised your debt went to DCA and you didn't hear from them. They normally make repeated calls/send multiple letter etc.

    After 6 years they can't take court action. However they don't need to as they have other ways to collect the debt e.g. changing tax codes. From next year they will be able to do pass debts to DWP to do a DEA.

    My suggestion would be to call them to confirm this is actually genuine and make a subject access request for information on when they have tried to notify you before.
    • Icequeen99
    • By Icequeen99 16th May 17, 7:01 AM
    • 3,330 Posts
    • 2,279 Thanks
    Icequeen99
    • #8
    • 16th May 17, 7:01 AM
    • #8
    • 16th May 17, 7:01 AM
    hi,
    today i recieved a letter out of the blue from HMRC...

    your tax credit debt of £47**.00
    our debt collection agency has returned your debt to us.
    we're very disappointed that, despite previous requests for payment, you still haven't paid us what you owe.
    we now believe that you have made an active choice to ignore us, so we're going to look at other ways to pursue this debt. if you don't pay or contact us in the next few days, one of our collectors may call at your home to discuss payment options.

    1) this alleged debt is from 2003, 14 years ago!
    2) although there was a joint claim with an ex partner at around that time, i have NEVER received ANY correspondence in regard to it. we separated, i moved, the payments stopped, i presume she informed HMRC. A joint claim has joint responsibilities - you needed to call HMRC to tell them that you had separated so even if you were in time for a dispute you would have failed in your responsibilities by not doing this (assuming a delay caused some of the overpayment)
    3) i am on the electoral roll, have a current tax credit claim with a new partner, so have not been exactly difficult to find, surely their 'debt collection agency' would have been in touch? It is surprising you haven't heard from them but I have heard of other cases where this happens. They only get 12 months to try and recover the debt
    4) everything i have read online say this alleged debt is statute barred, even if i did owe it, which i dispute. Tax credit debts are statute barred (unlike tax which are not) however as Darksparkle says this only stops HMRC taking county court action and getting a CCJ - it doesn't stop them using their other powers including distraint which is where a bailiff will turn up to cease goods
    i would normally just ignore it, but my partner has just buried her brother and is off work, and the last thing i need is some bloke knocking the door about some alleged debt from years before i met her....Exactly the reason you need to set up some sort of repayment plan with HMRC

    any advice, anyone? thanks.
    Originally posted by hedgemonkey66
    I've put some answers in red above - there is a lot of wrong information on this thread. As Darksparkle says - you are out of time for any dispute or appeal and they will not stop recovery action while you do any sort of request for information. You need to engage with them and ensure that you are only paying 50% and then set up a repayment arrangement of something that is affordable.

    IQ
    • hedgemonkey66
    • By hedgemonkey66 16th May 17, 12:43 PM
    • 15 Posts
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    hedgemonkey66
    • #9
    • 16th May 17, 12:43 PM
    • #9
    • 16th May 17, 12:43 PM
    thank you.
    i have put in a subject access request, and written to them, pointing out it was a joint claim, reiterating the fact i have never received any communication from them or anyone else regarding the claim, and pointing out that, as a stay-at-home dad with zero income or assets, i would request a 12 month suspension of recovery, should they show the debt exists. as my circumstances will not change after 12 months, upon review, the debt should be remitted as per HMRC policy.
    • p00hsticks
    • By p00hsticks 16th May 17, 12:57 PM
    • 5,478 Posts
    • 5,021 Thanks
    p00hsticks
    as a stay-at-home dad with zero income
    Originally posted by hedgemonkey66
    Didn't you say you were currently receiving tax credits ?
    • hedgemonkey66
    • By hedgemonkey66 16th May 17, 1:01 PM
    • 15 Posts
    • 0 Thanks
    hedgemonkey66
    my partner has a current claim for working and child tax credits. i am named on the claim as her partner, with an income of zero.
    • Darksparkle
    • By Darksparkle 16th May 17, 1:20 PM
    • 4,316 Posts
    • 2,731 Thanks
    Darksparkle
    You aren't just named on the claim, it's a joint claim. Do do you have no assets or savings what's so ever? Will you always be a stay at home dad?
    • Topcat1982
    • By Topcat1982 16th May 17, 1:51 PM
    • 336 Posts
    • 370 Thanks
    Topcat1982
    Are you sure this letter is real? The wording seems a bit odd.
    • Darksparkle
    • By Darksparkle 16th May 17, 1:52 PM
    • 4,316 Posts
    • 2,731 Thanks
    Darksparkle
    Are you sure this letter is real? The wording seems a bit odd.
    Originally posted by Topcat1982
    I thought the same, that's why I suggested they called to check it was genuine.
    • hedgemonkey66
    • By hedgemonkey66 16th May 17, 2:20 PM
    • 15 Posts
    • 0 Thanks
    hedgemonkey66
    i'll scan it tonight and redact the personal info to post. looks legit to me, i was a bit taken aback by the 'familiar' language and use of abreviations etc tho.
    • hedgemonkey66
    • By hedgemonkey66 16th May 17, 2:21 PM
    • 15 Posts
    • 0 Thanks
    hedgemonkey66
    no i have no assets. i left a pevious relationship with just a rucksack of clothes. have always lived hand-to-mouth and have no savings.
    • Carrot007
    • By Carrot007 16th May 17, 2:24 PM
    • 467 Posts
    • 362 Thanks
    Carrot007
    Debts to government agencies such as HMRC aren't subject to the usual limitations and don't become 'statute barred' after six years.
    Originally posted by Tigsteroonie
    OK they technically are but much like any organisation could do, if you want to use them again they can require you to pay off the debt.

    And it's not easy to stop using the government is it?
    • hedgemonkey66
    • By hedgemonkey66 16th May 17, 2:27 PM
    • 15 Posts
    • 0 Thanks
    hedgemonkey66
    interesting. have just heard from the ex partner relating to this claim, they already have an arrangement in place with her for this and she pays them £10 a month.
    • NYM
    • By NYM 16th May 17, 2:29 PM
    • 3,352 Posts
    • 5,862 Thanks
    NYM
    interesting. have just heard from the ex partner relating to this claim, they already have an arrangement in place with her for this and she pays them £10 a month.
    Originally posted by hedgemonkey66

    That may just be for her 50%
    • hedgemonkey66
    • By hedgemonkey66 16th May 17, 2:37 PM
    • 15 Posts
    • 0 Thanks
    hedgemonkey66
    sorry, misunderstanding on my part. the one she is repaying is for a seperate overpayment incourred after we had split.
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