Harrased 6yrs + hmrc / debt agencies

colo60

2009 alleged overpayment relating to non return of year end form, had sent it so phoned hmrc who asked as anything changed NO says I and all was ok and sorted, till 5 month later received letter saying £1800 I owe because had not sent a year end form return ? I explained about my phone call my sending form and about it sorted as I have explained, approx 5 months pass and I get a letter telling me to pay, I wrote back disputing and approx 5 months receive another hmrc letter saying pay, this went on and eventually rossendales DCA got in touch and I asked for proof of non entitlement to the benefit in question, another DCA crossed paths with rossendales, DCL I belive, so had 2 DCA's at me, they handed back after I asked legality of demanding without proof of my non entitlement which I stated I can prove my eligibility, more letters followed from hmrc and after a few years rossendales are back, all the time I state please take me to court and end this nightmare ( I am a pensioner with a heart problem as I told them ) no savings and have to pay half my monthly mortgage out of pension received for myself and wife, this issue goes on and on, can anyone advise before I lose my sanity with any steps to prevent constant harrasment, hmrc excuse for demand is time restraints !!! it takes them 3-6 months to reply to anything, I truly despair
Col

Darksparkle

I assume this is relating to tax credits and the renewal form you are required to complete each year?

I also assume you mean the renewal due by 31st July 2009. If not any monies paid from 6th April 2009 would be considered overpayment regardless of whether you were entitled to it. The cannot confirm entitlement if no renewal is complete.

When did you complete it?

If it wasn't completed, or not completed in full, you would have been sent a Statement of Account informing you of this.

From there you had either 30 days to reinstate your claim. If you call within that time the claim is restored and the overpayment cancelled.

If you disputed at the time and your dispute was unsuccessful and you have no new information then there is not much else you can do.

As you have income and assets they won't right it off on the basis you are a pensioner.

If you are unhappy due to harassment then make a complaint. You could ask your MP to get involved if your complaint is not dealt with to your satisfaction.

colo60

Many thanks for the reply, it is as you say 2009 working tax credits, from april, I did receive a letter in august 09 explaining non receipt of year end form, I had sent it july09, I rang their office on receipt of their letter in august 09 explaining I had sent the form, I was asked if any of my circumstances had changed to which I replied no, and so all was ok and dealt with, it was I believe feb 2010 when I received a letter saying to pay back, the rest is endless letter etc, why it still goes on after over 6 years is incredible, why ?, I did see my MP who is a barrister and found it bizarre, however he lost his seat at election time and so that ended. so why am I still hounded for 6 years solid without a conclusion ?
thanks - Col

Darksparkle

It still goes on after 6 years because it hasn't been paid. I'm not sure why that is bizarre?

colo60

thank you for the last reply, the bizarre point in my opinion is that this issue has continued for over 6 years, why use 3 debt agency's who hand it back to hmrc ? and no-one takes me either to court ( when I request this ) or brings about a legal conclusion, why is it groundhog day year after year, and please do not say because I do not pay, that is obvious, why is there no legal conclusion, can this carry on for another 6 years ?, again I ask why they do not bring about a conclusion if I am guilty of an overpayment ( which I am not ) and they can prove this !

Guest101

This type of debt can be chased indefinitely.

Darksparkle

They very rarely take it court. As to why, I cannot answer that, I'm not making those decisions. I would imagine that the costs involved wouldn't make it worthwhile.

After 6 years it cannot be taken to court anyway.

So their only option is to continue to pursue direct payment. If you had a live claim or any PAYE income then could recover it that way.

colo60

I thank you all for the replies and your time is very much appreciated, I shall conclude the thread by stating I will fight on whatever the outcome, people give in far too easy. again thank you all

poppasmurf_bewdley

After six years, the debt becomes statute barred and cannot be taken to court.

However, the fly in the ointment with HMRC is that they can take the money from you in other ways, up to and including deducting it from your state pension when you reach retirement age.

Icequeen99

poppasmurf_bewdley wrote: »

After six years, the debt becomes statute barred and cannot be taken to court.

However, the fly in the ointment with HMRC is that they can take the money from you in other ways, up to and including deducting it from your state pension when you reach retirement age.

Have you a link to something that shows they can deduct a TC debt from state pension?

IQ

colo60

I have trawled many many sites on the internet on legalities of statute barred and the 6 year rule, the goverment and taxes are a rule unto themselves and the 6 yr statute barre "does not apply" as in the case of a credit card / mobile phone debt or non payment of goods type debt, this according to legal debt advice sites. the tax is a different beast,