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  • FIRST POST
    • REDDOG
    • By REDDOG 6th Jul 17, 1:38 PM
    • 12Posts
    • 3Thanks
    REDDOG
    HMRC Tax Credit Overpayment advice (Advantis)
    • #1
    • 6th Jul 17, 1:38 PM
    HMRC Tax Credit Overpayment advice (Advantis) 6th Jul 17 at 1:38 PM
    Hi
    In need of advice
    Wife had joint Tax Credit claim back in 2008 with now ex.
    HMRC overpaid them after they split up. She paid her half of the debt in 2009 and they said they would pursue her ex for his half.
    Heard nothing since.
    8 years on we receive a letter from HMRC a month ago saying she owes £xxxxxx (the other half of the debt)
    She rang them and they said they understood the situation, they could see her payment back in 2009 and that they had an address on the system for her ex and to ignore the letter and they would persue her ex. They did explain the concept of 'joint severance and liabilty' and that she could still be pursued for the remainder.

    Today she receives a letter from Advantis saying she has to pay the balance that 'in theory' he should be paying.

    Now i rang an advice line this morning who claim that Advantis can pursue the debt to the point of CCJ etc, yet forums etc say they cant do anything and to ignore all contact and it will just get passed on to another DCA.

    Any suggestions or advice please
Page 1
    • marliepanda
    • By marliepanda 6th Jul 17, 2:12 PM
    • 4,560 Posts
    • 9,182 Thanks
    marliepanda
    • #2
    • 6th Jul 17, 2:12 PM
    • #2
    • 6th Jul 17, 2:12 PM
    Call HMRC and make an official complaint. This is not how their overpayments are managed. I had a similar letter and then a DWP earnings attachment notice. I called HMRC and after some to-I got and fro-img had it removed from my account.

    There is no joint and several liability with tax credit overpaymentsz HMRC shouldnt have brought that up as that is against their published policy.
    Survey Earnings 2017 - £163
    • Alice Holt
    • By Alice Holt 6th Jul 17, 3:17 PM
    • 1,228 Posts
    • 1,312 Thanks
    Alice Holt
    • #3
    • 6th Jul 17, 3:17 PM
    • #3
    • 6th Jul 17, 3:17 PM
    This may help you:
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/602141/COP26_12_16.pdf

    https://debtcamel.co.uk/joint-debt/

    "Tax credits overpayments Legally a tax credit claim for a couple is a joint claim and you are both liable for any overpayment. However HMRC will usually accept that a tax credits overpayment can be treated as though each of you owes half of the amount."
    • REDDOG
    • By REDDOG 6th Jul 17, 4:05 PM
    • 12 Posts
    • 3 Thanks
    REDDOG
    • #4
    • 6th Jul 17, 4:05 PM
    • #4
    • 6th Jul 17, 4:05 PM
    brilliant, thanks for this info. Time to get appealing and quote them their own Codes of Practise.
    • Darksparkle
    • By Darksparkle 6th Jul 17, 5:26 PM
    • 4,332 Posts
    • 2,737 Thanks
    Darksparkle
    • #5
    • 6th Jul 17, 5:26 PM
    • #5
    • 6th Jul 17, 5:26 PM
    An appeal won't help as it's not an appealable decision. Appeals are for when entitlement hasn't been awarded correctly. I'd make a formal complaint.
    • SnowWhiterThanWhite
    • By SnowWhiterThanWhite 10th Jul 17, 10:56 PM
    • 710 Posts
    • 212 Thanks
    SnowWhiterThanWhite
    • #6
    • 10th Jul 17, 10:56 PM
    • #6
    • 10th Jul 17, 10:56 PM
    This may help you:
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/602141/COP26_12_16.pdf

    https://debtcamel.co.uk/joint-debt/

    "Tax credits overpayments Legally a tax credit claim for a couple is a joint claim and you are both liable for any overpayment. However HMRC will usually accept that a tax credits overpayment can be treated as though each of you owes half of the amount."
    Originally posted by Alice Holt
    I've had a long running battle over a similar situation with my Brother for whom I now manage affairs for.
    2 years ago, I offered to repay half the debt. They refused to accept the offer. 2 years on, and a further demand letter turned up.
    I rang again (over an hour on phone) but eventually, they did agree that they would accept half as his liability and would not come after him for the other half.
    The really annoying thing is that they apparently send out the same demand letters to both parties - they could potentially end up with twice the amount back if both debtors pay up without question!
    "Hope for the Best
    Prepare for the worst"
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