bankruptcy and tax credits overpayments

carolineb69

Hi
after reading through a few threads i am unsure about tax credit overpayments and bankruptcy, i went bankrupt in jan 09 , i recieved a letter a few weeks ago saying i qualify for early discharge and they were applying to the court for this , i was overpaid a large sum of taxcredits due to selfemployment but i never put this on my bankruptcy as i was adviced that i couldn't, so i am still repaying this out of on going taxcredits i recieve now , any info i would be gratefull
Thankyou
Caroline

Holes_in_my_pocket

I believe if you had acknowledgement of over payment prior to bankrutcy then it should of been put down on forms if you did get it befor bankruptcy i would telephone and explain you didnt realise you had to tell them

carolineb69

hi
yes the overpayment was for before i went bankrupt , i will telephone them tomorrow , will it make any differnce if the tax credits are in joint names ? the payments were made to me .
Thanks for you help.

JCS1

It get's a bit complicated, found a previous thread which quotes sections of the OR Technical Manual:

http://forums.moneysavingexpert.com/showthread.html?t=1732099

debtinfo

If the tax overpayments were in joint names and and one person is not bankrupt then they can chase that person for the rest of the money

debt_doctor

Hi,

Your tax credit o/p is part of your BR, it does not matter that you did not put it on the forms but you need to inform the OR now.

They are allowed to take payments whilst you are undischarged but payments MUST stop on discharge.

DD

carolineb69

Hi
i will ring tomorrow , then they will ask my husband for the overpayments ? we are together still ,it was me that was in debt not him .
thanks again for you r help
Caroline

carolineb69

debt_doctor wrote: »

Hi,

Your tax credit o/p is part of your BR, it does not matter that you did not put it on the forms but you need to inform the OR now.

They are allowed to take payments whilst you are undischarged but payments MUST stop on discharge.

DD

Hi again
I have just spoke with my O/R and they say i cannot include benefit overpayments

Caroline

carolineb69

Hi
After speaking with my o/r i rang them back to clarify a few things , and they said benefit overpayments can not be included in bankruptcy it is down to the inland revenue and myself to sort it out .

still don't understand

Caroline

fermi

carolineb69 wrote: »

Hi
After speaking with my o/r i rang them back to clarify a few things , and they said benefit overpayments can not be included in bankruptcy it is down to the inland revenue and myself to sort it out .

still don't understand

Caroline

Well, it appears that your examiner is an imbecile.:mad:

Benefit overpayments can be included as long as you were informed before the BR date.

I would suggest that you bypass the examiner and take this up with their boss. Normally an Assistant OR.

debt_doctor

fermi wrote: »

Well, it appears that your examiner is an imbecile.:mad:

Benefit overpayments can be included as long as you were informed before the BR date.

I would suggest that you bypass the examiner and take this up with their boss. Normally an Assistant OR.

I agree.

DD