Pastdue Credit Solutions

CheekyNcheerful

On Saturday 23rd April, I received a letter from these people, dated 5th April, stating I had a tax credit debt outstanding, and if I didnt pay, they may commence formal debt collection activity!

I was taken aback by such a letter. When I googled the company, I saw mixed reviews... some saying that HMRC use them to chase debts.... others complaining of being harassed for debts they dont owe...

I dug all my recent tax credits award notices out & couldnt see anything saying I had payments outstanding to them. The only thing being an overpayment from April 2010-Sept 2010, when I had split with my ex hubby. On the next award notice, Sept 2010-April 2011, there is no mention of an overpayment. These 2 final notices are dated July & August 2011.

I have phoned Tax Credits this morning to ask how my account is.... they confirmed it is all up to date. I asked could I speak to their complaints department, as I wasnt happy about a letter from a debt collection firm I had received. She said she would take a closer look at my account. She said that there was an overpayment back in 2010 between claiming as a joint couple with my ex hubby, & me informing them we had split up. She said hubby had paid his part, but mine was outstanding. I said I had no idea I owed anything as I havent had any correspondence & there has been nothing since then on my award notices!....

I have asked for a copy from themselves...

What do i do about this debt company?

Am I still liable for this debt after all these yrs?

Darksparkle

If you split in September 2010 then I assume the award notice from September 2010 to April 2011 was from a single claim? If so that's why it doesn't mention the overpayment.

CheekyNcheerful

Yes it became a single claim.... so ive spent the last 6yrs believing that everything has been ok & hadnt been aware that there was an outstanding debt

Darksparkle

CheekyNcheerful wrote: »

Yes it became a single claim.... so ive spent the last 6yrs believing that everything has been ok & hadnt been aware that there was an outstanding debt

Sorry, perhaps I've misunderstood what you said? I thought from your post that the award from April 2010 to September 2010 did show an overpayment on the joint claim?

CheekyNcheerful

Yes the award from april-sept2010 showed an overpayment on the joint claim.... then the sept2010-april 2011 was me as a single claim & no mention of overpayment.... therefore i believed me & the ex had cleared the debt

Darksparkle

Unfortunately that's not how the awards notices worked, as the overpayment was from the joint claim, it wouldn't be mentioned on the single award notice.

As you were notified of the overpayment at the time, you are now out of time to take any action to appeal or dispute it (if you don't agree with it). You'd now need to arrange repayment for your half.

CheekyNcheerful

Yes it was on the award notice... I have actually circled it at the time.... I have no other correspondence from them.... she said ex hubby paid half, but I havent paid mine.... I dont dispute the amount on the notice that we owed it.... Iv just never had any communication from them regarding this until a debt collectors letter... which I am rather annoyed at... Of course, if I had known the debt was outstanding, I would have paid it yrs ago...

Darksparkle

You can always do a subject access request to see if they have tried to contact you at any other time but ultimately it makes no difference if they have at least told you once.

CheekyNcheerful

Do I ring them & say "can i have a subject access request"?

I am just shocked at having received a debt collectors letter.... & not having had any correspondence from HMRC since the award notice mentioning the overpayment.... I have been blissfully unaware for 6yrs of any outstanding debt with them, & would have thought they would have contacted me, over the yrs, if they knew part remained unpaid.... how am I supposed to have known I had debts outstanding?

Darksparkle

Well they did tell you that you had an overpayment and you didn't repay it, they don't need to keep telling you that you have debts outstanding, once is enough.

However from my experience there has always been more attempts by them to contact the person in question whether that's in writing (a notice to pay is normally issued) or by phone. I assume something must have been sent if your ex partner repaid his share.

The subject access request will confirm either way. A SAR can only be done in writing or online, it cannot be done by phone.

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

CheekyNcheerful

I dont dispute it was on the award notice... & looking back I have circled it.... Me & ex hubby must have agreed to go halves with it.... I too assume he was sent something & paid his part.... I dont recall seeing anything or I would have paid too... I have often rang to confirm my son is still in education or to give my income from the yr & nothing has ever been mentioned about outsanding debts...

Thanks for the link... have completed it & await a reply...

What do I do about the debtors letter? I want to deal with HMRC not a debt company