Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Butterfingers77
    • By Butterfingers77 8th Mar 17, 6:50 PM
    • 2Posts
    • 0Thanks
    Butterfingers77
    8 Year Old Tax Credit Overpayment Debt
    • #1
    • 8th Mar 17, 6:50 PM
    8 Year Old Tax Credit Overpayment Debt 8th Mar 17 at 6:50 PM
    Hi All,

    I'm hoping someone has some advice on tax credits over payments. I have just had a letter from HMRC debt management asking for a payment of over 2000 pounds from a tax credit over payment from 2009! When I contacted the helpline, they said I did not renew my award for that period. I no longer have my documents from that far back to check anything. I know that from the 12 years I claimed tax credits that I never missed renewing them because of the fear of not having any money.
    Is it right for them to now after all these years ask me for the money that I never knew had even been overpaid to me?

    Advice would be much appreciated on this please, as it is a lot of money to find
Page 1
    • Darksparkle
    • By Darksparkle 8th Mar 17, 6:54 PM
    • 4,274 Posts
    • 2,720 Thanks
    Darksparkle
    • #2
    • 8th Mar 17, 6:54 PM
    • #2
    • 8th Mar 17, 6:54 PM
    Yes they can't continue to pursue the debt, they just can't take court action.

    You can make a subject access request to see what paperwork has been sent previously, its likely you were notified at least once before, its highly unlikely this is the first letter sent although perhaps you did not receive the previous.
    • Butterfingers77
    • By Butterfingers77 8th Mar 17, 6:59 PM
    • 2 Posts
    • 0 Thanks
    Butterfingers77
    • #3
    • 8th Mar 17, 6:59 PM
    • #3
    • 8th Mar 17, 6:59 PM
    It is the only letter I've had since I've stopped having tax credits back in 2013. I just find it so strange to receive this out of the blue now.

    Thanks for the advice and I will look in to it
    • kida
    • By kida 13th Mar 17, 8:54 PM
    • 19 Posts
    • 3 Thanks
    kida
    • #4
    • 13th Mar 17, 8:54 PM
    • #4
    • 13th Mar 17, 8:54 PM
    Hi Butterfingers - we just have had the same for an overpayment from 2007-8 over 9 years ago. Completely out of the blue...

    We completed TAXCC.org advices and raised a TC846 and requested and received all of the records they have which are COMPLETE jargon and unintelligible. In response to the TC846 dispute they said they wrote to me in 2007 (I have no record of this and there is no record in their records) and since the 3months window for dispute ended in early 2008 I can no longer dispute. This is absolute madness! How can they wait NINE years to suddenly send you a huge overpayment demand - this is Chaos..

    TAXCC's great website is no longer updated and they are not contactable - I don't want to go down the statute of limitations path as this would prejudice me as accepting the overpayment is right and fair. I am trying to find someone else experienced in helping us Davids fight the Goliath of HMRC...
    • Icequeen99
    • By Icequeen99 14th Mar 17, 8:09 AM
    • 3,305 Posts
    • 2,264 Thanks
    Icequeen99
    • #5
    • 14th Mar 17, 8:09 AM
    • #5
    • 14th Mar 17, 8:09 AM
    Hi Butterfingers - we just have had the same for an overpayment from 2007-8 over 9 years ago. Completely out of the blue...

    We completed TAXCC.org advices and raised a TC846 and requested and received all of the records they have which are COMPLETE jargon and unintelligible. In response to the TC846 dispute they said they wrote to me in 2007 (I have no record of this and there is no record in their records) and since the 3months window for dispute ended in early 2008 I can no longer dispute. This is absolute madness! How can they wait NINE years to suddenly send you a huge overpayment demand - this is Chaos..

    TAXCC's great website is no longer updated and they are not contactable - I don't want to go down the statute of limitations path as this would prejudice me as accepting the overpayment is right and fair. I am trying to find someone else experienced in helping us Davids fight the Goliath of HMRC...
    Originally posted by kida
    There really isn't anyone who can help. They will have notified you - it would have been on your last award notice from tax credits and they send a notice to pay 30 days after that. If you can prove they didn't send the award notice then you may be able to do something about it as they have to do that to commence recovery under the Tax Credits Act but i've never seen a case where anyone has been able to show this.

    All the statute of limitations will do is stop them recovery via county court action. They can still take other action and from next year DWP will be recovering HMRC debts and they can use direct earnings attachments so will take it from your pay before you receive it if you work.

    Since the 3 month time limit was introduced in April 2013 it has effectively stopped people in your position from taking any action.

    The time to take action was when you received the final award notice.

    IQ
    • kida
    • By kida 14th Mar 17, 8:22 AM
    • 19 Posts
    • 3 Thanks
    kida
    • #6
    • 14th Mar 17, 8:22 AM
    • #6
    • 14th Mar 17, 8:22 AM
    What about this approach?

    http://www.taxcc.org/TCC_News/23/11/2013/is-your-case-over-6-years-old/
    • kida
    • By kida 3rd Jun 17, 12:54 PM
    • 19 Posts
    • 3 Thanks
    kida
    • #7
    • 3rd Jun 17, 12:54 PM
    • #7
    • 3rd Jun 17, 12:54 PM
    Everyone who has suddenly received overpayment demands that stretch back from years ago - don't loose heart. I followed the advices from this website:

    http://www.taxcc.org

    After 3 letters, reams of records to plough through and 2 months of waiting I got confirmation that I have no overpayments outstanding.

    Tax Credits had not kept any copies of recordings of calls made to them from the period, nor had they kept copies of applications, forms etc. I honestly had no awareness of overpayments outstanding and am glad I challenged the shocking demand letter I received.

    Now for the point of this post - I am VERY concerned that there are certain people posting in this forum that have a blind attitude that "if TC sent you a demand you'll just have to pay". These people are misleading and cruel especially when this forum may be were desperate people come to seek help.

    All cases are unique, and the tax credits office can and do get things wrong that is why there is an official process you can go through to ensure that everything is correct and an independent process that can look at your case to decide if you have a valid overpayment demand.

    Good luck and if you think a demand is wrong, unwarranted or unfair then challenge it!
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,706Posts Today

7,770Users online

Martin's Twitter
  • Today's twitter poll: It's been everywhere, so why not here. Which Hogwart's house should you've been in (Ive put key traits to help)...

  • Quick favour if uv graduated within around the last year. I could do with pic of a student loan statement (no personal info) inc interest

  • RT @ValeOfLevenCU: Why not sign up to @MartinSLewis https://t.co/kxMBedCNNw weekly email for free, impartial tips? #ThriftyThursday http?

  • Follow Martin