bankruptcy and tax credits overpayments

carolineb69

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.

Hi again

the person i spoke to at the office did ask her manager , so i just don't know wht to do now , do you think i should ring the tax credits and inform them myself about the bankruptcy ?
Caroline

fermi

Inform tax credits/HMRC and make sure that you refer the matter to an assistant OR.

Don't tolerate them telling you nonsense again.

It even says that they can be included in black and white in their own manual. :rolleyes::rolleyes::rolleyes:

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm

fermi

Category 1 debts are released upon discharge, unless incurred by fraud URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#15"]Note 15[/URL. The benefit provider may, however, continue to make deductions from ongoing benefits until the date of discharge

40.102C Summary of the treatment of overpayments of state benefits

The following table provides a quick reference table for dealing with overpayments of state benefits in relation to the making of the bankruptcy order (“BO”):

fermi

debt_doctor wrote: »

I agree.

DD

Yep. It is amazing how an examiner, and their "manager", can be so ignorant.

Beggars belief...........

carolineb69

fermi wrote: »

Yep. It is amazing how an examiner, and their "manager", can be so ignorant.

Beggars belief...........

Hi
I will ring them again monday and ask to speak to someone else , i will also ring tax credits ,

Thanks again for your help i will let u know when i have spoken to them

Caroline

mrsmoneyworries

Hope you dont mind me adding to this. I went br last October and included this in my BR.

However, I have been told by the tax credit people that because its a joint claim and hubby did not go br then they will just keep collecting the overpayments from the future awards. :mad: :eek:

JG1984

my tax credit overpayment couldnt be included in my br because they didnt ask for repayment till after i had gone br, but if you were actually asked for the money back previous to going br then my OR said it can be included. if it is in joint names though i would have thought that your partner will then become liable for the overpayment instead