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  • 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
    • 4,183 Posts
    • 2,669 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
    • 17 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
    • 3,260 Posts
    • 2,247 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
    • 17 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/
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