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Old bill for overpayment of CTC/WTC (pre BR)

ANewEra
Posts: 106 Forumite


I was bankrupt in Dec 08 and had ED in June 09, prior to this I had received a bill saying we (me and the ex) had been overpaid by about £85 on CTC/WTC.
They had sent it to me, as had my new address but had no idea where he was at the time, I told him about it and we agreed that as it had gone into the joint acc - which he used as his own - that he would pay it back, as it was him that would have used it. I know he didn't as he never asked me for the details or the letter. However, what with the bankruptcy etc and everything else I had completely forgotten about it until this morning. (About 2 years too late I know!) So my query is this really, would a debt to the tax credit people be included in my backruptcy and therefore he alone would now be liable for it? I have not heard anything about the old bill in the time - hence having forgotten about it, and throughout that time have recieved CTC/WTC as a single claimant, or maybe they just took it off my new awards and I didn't notice? Just wandering really in case I get a letter from them and I would like to know what I need to do.
Although I would have thought I would have heard by now as it was so long ago, but I tend to worry when something gets into my mind.
I hope someone knows about this and can give me some advice!
Thanks in advance.
They had sent it to me, as had my new address but had no idea where he was at the time, I told him about it and we agreed that as it had gone into the joint acc - which he used as his own - that he would pay it back, as it was him that would have used it. I know he didn't as he never asked me for the details or the letter. However, what with the bankruptcy etc and everything else I had completely forgotten about it until this morning. (About 2 years too late I know!) So my query is this really, would a debt to the tax credit people be included in my backruptcy and therefore he alone would now be liable for it? I have not heard anything about the old bill in the time - hence having forgotten about it, and throughout that time have recieved CTC/WTC as a single claimant, or maybe they just took it off my new awards and I didn't notice? Just wandering really in case I get a letter from them and I would like to know what I need to do.
Although I would have thought I would have heard by now as it was so long ago, but I tend to worry when something gets into my mind.
I hope someone knows about this and can give me some advice!
Thanks in advance.
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Comments
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If it was on a joint claim then they cannot take it off a new single claim; or even a new joint claim with your EX (not that its likely to happen!)
Of the debt was provable before your BR then you are not liable for it at all. So they must have "billed" you for it or you completed the renewal/end of financial year stuff to confirm an overpayment before your BR. So, if the overpayment was in financial year 06/07 then you are not liable as you went BR in the Dec 08. If the overpayment was in financial year 08/09, then you would be liable as it would not have been a proveable debt until months after April 2009 when the renewal packs went out as its long after your BR.
Does this make sense?
If you are not liable, dont worry about it again. Deal with it if they ever write to you but you are not liable - your EX is.0 -
Yes, I think it makes sense.
Just had a hunt and found the actual letter -really should have a tidy up more often!
Letter dated Feb09 - over payment of tax credit for the period ending 06/04/08.
So, looks like it was 07/08.
Thanks for putting my mind at rest, although now I am wondering why I have not heard since, unless they are informed of the BR? Or have found the ex - but I think he'd have told me.0 -
Keep that letter forever! Thats your proof the debt was clearly pre-BR.
If they knew you were not liable then they wouldn't contact you, so its possible that this is whats happened.
Plus goverenment bodies are not the most adept at re-couping money; it tends to be a bit hit and miss!0 -
Thanks Skylight!!
To think I used to worry about things for weeks/months and work myself right up about them, since discovering this forum I have learnt so much - not just through my questions but reading other peoples stories too. To have such a wealth of knowledge and support in one place is priceless, which is better than any Mastercard!!!
:beer:0
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