Tax credits overpayments/Rossendale Debt collectors. 30 November 2014 at 8:58AM in Debt-free wannabe 16 replies 11.5K views

Hayzi

We have a tax credits overpayment of £1800. This is from a couple of years ago. Anyway, whilst I was busy arguing the toss of how they could have overpaid this amount, HMRC handed the debt over to Rossendale and we was told we would have to deal with them, there is where I need some advice please.
We contacted Rossendal and offered them £50 per month, they refused and said they wanted to see a breakdown of all our incoming/outgoing monies within 7 days, and they will decide how much we can pay back! We would be able to afford more but, we have to two teenage Daughters. 1 is in full time education and the other has a 2/3 day part time job, so they are not bringing in any extra income. We also don't need bailiffs calling when 1 of our Daughters is at home on their own.
Please bear in mind we have never dealt with these kind of people before, but we did some checking and Rossendale seem to employ the kind of people you see on Watchdog/Rouge Traders.

1. Are we legally obligated to hand over all our personal info regarding our financial incomings/outgoings to Rossendale?

2. Can they refuse our offer of £50 per month, and set the amount themselves? I was the impression they cannot refuse a fair monthly payment?

3. When writing to them, we also want to copy in some official bodies, like the bailiff regulators and the citizen's advice bureau, just to let Rossendale know we are making others aware of our situation, and do not expect to be bullied into paying what they see is fit, nor be harassed by their bailiffs. Is this a good idea?

4. In short, we really have no idea how to deal with these people, and need all the advice can can get.

Regards....

rizla_king

1. No.
2. They can refuse but on the other hand you dont have to accept what they demand.
3. They wont be acting as bailiffs here. They do normal debt collection stuff as well.
4. Simply dont pay more than you can afford and stand your ground no matter what they threaten or annoying they are.

sourcrates

They can only act as bailiffs after the case has been to court, and a judgement has been recorded.
In your case they are just acting as debt collectors, so they have no rights to anything basically, you can tell them to eff off and deal direct with HMRC if you choose.
If you ignore them, all they will do is pass it back to HMRC.


You choose how much to pay, not them, if they wont accept, then tough, don't let them bully you, stick to your guns.

Hayzi

Thanks for the replies! I had a feeling they were trying bully-boys tactics.

One other thing, they told us this debt will have to be paid back within 3 months.

In your case they are just acting as debt collectors, so they have no rights to anything basically, you can tell them to eff off and deal direct with HMRC if you choose.
If you ignore them, all they will do is pass it back to HMRC.

I don't understand how we can deal direct with HMRC if they themselves have told us we have to deal with Rossendale from now on?

P.S. Is there any kind of template letter we can send them telling them how much we are going to pay them, etc?

Regards...

rizla_king

Hayzi wrote: »

One other thing, they told us this debt will have to be paid back within 3 months.

More bullsh!t. They are full of it.

sourcrates

Hayzi wrote: »

Thanks for the replies! I had a feeling they were trying bully-boys tactics.

One other thing, they told us this debt will have to be paid back within 3 months.

I don't understand how we can deal direct with HMRC if they themselves have told us we have to deal with Rossendale from now on?

P.S. Is there any kind of template letter we can send them telling them how much we are going to pay them, etc?

Regards...

HMRC have a specific complaints procedure to follow in cases like this.
But you must fill in the correct form to do so.
Look on the Tax credit website, section entitled "Tax credit overpayments", they give you up to ten years to repay, the 3 month period the DCA has given you is of there making entirely, and means absolutely nothing.


You need to fill in a dispute form TC846, more details on what to do here :


https://www.gov.uk/tax-credits-overpayments


Follow this route, they should take the debt back and deal with it, infact include a note insisting that they do so.

Hayzi

Again, thanks for the great replies. Its good to know there are people about who are on "our" side. This was getting a bit worrying for us, but now our minds are at ease as there are other routes to go down.

Many thanks and regards...

rizla_king

Just remember. These people get paid more by HMRC if they can pressure you into paying back in a short period of time. Thats why they are spouting the "must be paid in 3 months" rubbish. They want their bonus.

Never ever be pressurised by these idiots.

dancingfairy

I would imagine it's because for a lot of companies the financial year ends in april so the are probably trying to get it cleared by them so they can make sure their figures are good/position themselves for bonuses or similar the 3 months appears to be set by them so feel free to ignore it.
df

Hayzi

sourcrates wrote: »

HMRC have a specific complaints procedure to follow in cases like this.
But you must fill in the correct form to do so.
Look on the Tax credit website, section entitled "Tax credit overpayments", they give you up to ten years to repay, the 3 month period the DCA has given you is of there making entirely, and means absolutely nothing.


You need to fill in a dispute form TC846, more details on what to do here :


Follow this route, they should take the debt back and deal with it, infact include a note insisting that they do so.

I may have missed something here, but that TC846 form seems to be for people disputing an overpayment, and cannot be used for asking for more time to pay, or having the debt sent back to them from Rossendale.
Have I missed something?

Regards...

antonic

Make a reasonable offer to pay, that you can afford , if the projected timescale is to long Rossendales will send the debt back to HMRC as quickly as they can because won't make enough profit.