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Help - Old (2007) Tax Credit Debt being chased

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  • slg_sue
    slg_sue Posts: 87 Forumite
    It is important that you address this and have something showing on their systems that there is a dispute/appeal whatever technical term you want to use because they can as a tax payer reduce your tax code so that they can claim back money.
  • liam8282
    liam8282 Posts: 2,864 Forumite
    Ok thanks for the help.

    I will contact them saying the amount is still under dispute.

    I will mention statuate limitations and see where that gets us.
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    liam8282 wrote: »
    Ok thanks for the help.

    I will contact them saying the amount is still under dispute.

    I will mention statuate limitations and see where that gets us.

    That probably won't help. They have introduced a new rule so they will no longer stop recovery even if you dispute the overpayment. They will only stop recovery if you appeal and you will be out of time for an appeal now.

    As already noted, the statute of limitations would bar them from taking court action (if it applied)- but they can use other methods to recover the money.

    It is quite a technical area whether the statute bar applies, so you would need some advice.

    IQ
  • MissMoneypenny's advice is spot on. You would do well to take on board what she has said.
  • liam8282
    liam8282 Posts: 2,864 Forumite
    Icequeen99 wrote: »
    That probably won't help. They have introduced a new rule so they will no longer stop recovery even if you dispute the overpayment. They will only stop recovery if you appeal and you will be out of time for an appeal now.

    As already noted, the statute of limitations would bar them from taking court action (if it applied)- but they can use other methods to recover the money.

    It is quite a technical area whether the statute bar applies, so you would need some advice.

    IQ

    This is where I am getting confused.

    I would have said that the statute of limitations would be the over riding factor of any method or procedure the Revenue have.

    I have studied a small section of law years ago, but this seems a lot more complicated than I first thought.
  • liam8282
    liam8282 Posts: 2,864 Forumite
    MissMoneypenny's advice is spot on. You would do well to take on board what she has said.

    I have just had a very quick look at a few of yours and MissMoneypenny's comments on other threads.

    It seems you follow each around, thanking each other and benefit bashing.

    I won't be following MissMoneypenny's advice.
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 7 November 2013 at 6:17PM
    liam8282 wrote: »
    I won't be following MissMoneypenny's advice.

    I can't help it if you don't like the way overpayments of benefits are dealt with (even if the claimant says they don't owe this money). You have to sort this out with them as it won't go away on it's own.

    You can't just ignore their letters...well you can, but let us know how you get on.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 7 November 2013 at 6:27PM
    Icequeen99 wrote: »

    It is quite a technical area whether the statute bar applies, so you would need some advice.

    Some Debt-Free wannabe board posters are usually up to date on this.

    But as we have all been telling him and he doesn't seem to want to accept, there are other ways for them to recover this debt. Hence why he needs to discuss this with Tax Credits and sort it out.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    edited 7 November 2013 at 6:25PM
    liam8282 wrote: »
    This is where I am getting confused.

    I would have said that the statute of limitations would be the over riding factor of any method or procedure the Revenue have.

    I have studied a small section of law years ago, but this seems a lot more complicated than I first thought.

    No, you are right it is more complicated than that and that is why you need legal advice.

    The statute of limitations just means that certain methods of recovery are not possible. But it doesn't bar all forms of action - the debt still exists and can still affect your credit rating.

    IQ
  • David_Aston
    David_Aston Posts: 1,160 Forumite
    1,000 Posts
    Miss Moneypenny
    Can I thank you for your very straightforward advice to the Poster. I don't see you getting any thanks from him/her.
    Just for interest. Which benefits could be used for the repayment of over payments, going forward do you think?
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