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Aged tax credit debt & DWP

On return from holiday I had a letter waiting from HMRC saying that a tax credit overpayment from 2004/05 has been passed to DWP for collection - I am sure I had a letter from HMRC about 4 years ago saying this would not be collected, but can't find it!

I also had a letter from DWP saying that they would collect the debt directly from my employer or by debt collection agency from 15th August. I have spoken to DWP and HMRC both have said they cannot cancel collection or put it on hold, the other has to do it. Both have said, basically, unless you can find the letter you 'claim' to have received (HMRC don't have a record) then you have to pay. HMRC have only said they will 'consider honouring' the letter if I can find.

Help! How can I fight this? Am I really going to have repay this money?

Comments

  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    Are you in receipt of any DWP benefits?

    IQ
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    I am sure I had a letter from HMRC about 4 years ago saying this would not be collected, but can't find it!

    Try a Subject Access Request to the appropriate department,

    https://ico.org.uk/your-data-matters/your-right-of-access/

    Takes about 30 days.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • Thanks for the replies.

    I am not in receipt of any benefits; DWP have said they may do a Direct Earnings Attachment.

    I submitted a Subject Access Request yesterday.
  • samk777
    samk777 Posts: 36 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Hi
    I did a Subject Access Request for a similar letter relating to abut 10 years ago. Be prepared to receive CDs of all your conversations with HMRC! Unfortunately for me, the only conversation I needed as evidence wasn't recorded due to a systems failure at the time. I think they would have more of a problem losing a letter. I found that the debt collection office were ok and didn't push for the attachment of earnings as I communicated with them to set up a payment. If you keep them informed about pursuing the SAR and perhaps set up an interim arrangement or get a delay agreed while you investigate agreed. They based it on what I could afford and set a payment up over 5 years.
    Hope this helps
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