Tax credit repayments

Hi all

A tax credit overpayment (non fraud) was incuded in both mine & my husband bankruptcies. Im currently still paying £40 a week from current tax credit payments whilst they deal with it (its already been 6 weeks)

Questions are - how long to deal with this so i get my full payments & secondly, do they need to reimburse payments made since BR date?

Currently 6 weeks @ £40 a week. They havent even got it on my notes so could continue a while- its a lot of money to me!

Thanks
L
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Comments

  • TheGardener
    TheGardener Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Have you tried sending/taking them a copy of your BR order?
  • Hi Gardener

    Yes, the OR emailed them back in Feb & have sent a further letter to them.

    Im just getting frustrated losing £160 every 4 weeks (i know i need to be patient but its so hard when you're budgeting so strictly isn't it, every penny is accounted for!)

    Kind of hoping to wake up one day and find its been refunded :) but dont even know if thats what happens!

    L
  • TheGardener
    TheGardener Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I know it's a pain - I do feel for you - waiting for any public sector department to get back to takes an age.

    I believe they must refund the money - if they don't they are effectively treating themselves as preferential creditors.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,

    It is correct that HMRC must return any monies owed to you.

    You need to make a formal complaint against HMRC:

    https://www.gov.uk/complain-about-hmrc

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Thanks very much both.

    Debt doctor- should i give them a bit more time or start the ball rolling now?

    Thanks again
    L
  • *bangs head up wall*

    Im furious. Still no change so chased again today. The most unhelpful man informed me that they are entitled to continue retrieving the payments. Told him my husband went BR last April, he claimed there was no record of this (even though they sent a letter removing him from the debt, ie became just mine)

    He went off and spoke to manager & finally agreed they can see we are both BR, to be told basically (& rudely) its not their fault they didnt pick up on it as its unusual for both people within a couple to go BR. Anyway he's escalated it but told me a) people sometimes wrongly assume all HMRC debts get written off & b) even if i do, which is unlikely, I might not get back what i have been repaying since 11 Feb!?

    Respectfully disagreed. Its with the complaints department but im so angry with this man & the whole system. So frustrating.

    L
  • Clouds88
    Clouds88 Posts: 409 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    I am with you on this. I fought for ages to get our tax credit over payment reduced from £120 a month to £20 as I was BR and we simply couldn’t afford to lose that money. They are only taking £20 now even though my husband is in a DRO because they said they haven’t got any record of the DRO and that it was suppose to be addressed to DWP not tax credits as they have taken over the debt. Most awkward people ever!
  • Clouds - cant you send them a copy of his DRO again so you dont have to pay? Surely thats not right?

    They are a proving to be very difficult. However spoken with OR again to confirm i am right.

    I need that money freeing up asap as im really struggling :mad:

    L
  • Joa1210_2
    Joa1210_2 Posts: 21 Forumite
    I think im following this right,
    I went BR in oct17 we had a tax credits over payment of £20 per month that we continued to pay as it was a joint claim.
    my husband is now entering DRO and has been told to include it as a debt by step change, does this then mean we no longer have to pay as I'm BR and the debt is older than the BR?
    if so any idea how to go about it?
    Many Thanks in advance
    Jo
  • Hi joa

    As far as im aware a DRO should cover this type of debt too (unless fraudulent)

    However as you can see, unfortunately it seems to be harder in practice than it is in theory to get it sorted....

    My advice would be to get on the case from day 1 as they aren't great with it. Of course i would also check with your OR/ husband DRO advisor for info.

    Good luck
    L
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