Help - Old (2007) Tax Credit Debt being chased

Icequeen99

David_Aston wrote: »

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?

Not MMP, but Universal Credit and Tax credits themselves (Autumn Statement 2012 announced that they would cross recover between old and new claims which so far they haven't done).

IQ

FBaby

OP, have you actually sought expert advice to work out that you don't owe this over-payment? I say that because the rules are such that it is almost impossible for anyone who doesn't work in that field to be confident that they have calculated things accurately. I myself didn't know when I was first claiming that it was up to me to check all the information provided was correct and if I didn't, it was my problem even if their error. I didn't know that if I didn't return the form on time, I owed all the money given from April to July, even if I was entitled to it in the first place....and plenty more rules that make no sense but are in effect nevertheless.

HB58

Liam, I think it would be worth you taking legal advice about this. Many solicitors offer a short, 'fixed fee' interview in which they can give limited advice. Do look for someone who knows about welfare benefits though, as incorrect advice will be worse than nothing at this stage.

Ruby_woo

A friend of mine has now received one of these 2007 letters too.

Are they checking back on 2007 records at the moment?

X

jacques_chirac

HB58 wrote: »

Liam, I think it would be worth you taking legal advice about this. Many solicitors offer a short, 'fixed fee' interview in which they can give limited advice. Do look for someone who knows about welfare benefits though, as incorrect advice will be worse than nothing at this stage.

Not much point if he is going to dismiss anyone that doesn't tell him what he wants to hear

I would point out the relevant HMRC guidance on the subject, that makes it clear the limitation only applies to court action, but I'm not going to waste my time on someone so ungrateful.

Ruby_woo

Just a thought....is it possible for all of the people who have ctc overpayments that they dispute, to ask for the recorded telephone calls off HMRC?

How long do HMRC keep the recording for? I have just advised my friend to do this.

liam8282

jacques_chirac wrote: »

Not much point if he is going to dismiss anyone that doesn't tell him what he wants to hear

I would point out the relevant HMRC guidance on the subject, that makes it clear the limitation only applies to court action, but I'm not going to waste my time on someone so ungrateful.

It is not because the advice is not what I want to hear, it is because the advice is poor, irrelevant or what I already know.

Advising somebody to pay a debt they do not owe is probably the worst advice anybody could give.

I have already said the debt has been disputed, so I don't want to go down that road again, it is pointless and exhausting.

I am going to contact the revenue, that is the only bit of advice that is useful, but I was already going to contact the revenue anyway, I am just not sure how to approach them.

I was asking for advice about the statute of limitations, in the hope that would bring this to an end, but it looks like I was wrong, but I still might stick it in my letter to see what the revenue think about it.

It appears nobody here has a definitive answer either, so if you just want to keep trying to pat your friends on the back, or fish for arguments have fun!

liam8282

Ruby_woo wrote: »

Just a thought....is it possible for all of the people who have ctc overpayments that they dispute, to ask for the recorded telephone calls off HMRC?

How long do HMRC keep the recording for? I have just advised my friend to do this.

In 2009 we did a freedom of information request (I think that is what it is called). We got absolutely everything, reams and reams of paper, CDs with telephone calls, times and dates of calls.

That was the stuff from 2007, so at least 2 years I would say. I would expect it to be 6 years, which is the standard in other fields such as tax and accounting records.

liam8282

HB58 wrote: »

Liam, I think it would be worth you taking legal advice about this. Many solicitors offer a short, 'fixed fee' interview in which they can give limited advice. Do look for someone who knows about welfare benefits though, as incorrect advice will be worse than nothing at this stage.

I don't think it is worth it to be honest.

The current disputed amount is £600.

However, the first amount was about £3000 IIRC, which we took out a loan and paid back in full. Only to discover that HMRC had messed up big time, but they would not go back and recalculate the claim. That is from 2004, and to be honest it is long gone now and I don't want to get back into it.

Ruby_woo

Ok, so does all of the info you received prove you're right?