| T O P I C R E V I E W |
| mick1972a |
Posted - 03 July 2010 : 19:08:03
Hi we went BR in April 2009. Before we went BR we were informed we had been overpaid with our taxcredits and so when the time came for us to go BR included it on our form.
We were discharged in December 2009 but are still getting deductions on our tax credits to pay this back.
Is this right and does your taxcredit over payment have to be paid back fully. I thought once you were discharged this would be the end of it.
They are only taking £5 a week off what we should be receiving but that wont clear the balance once our TC stop in a couple of year once our daughter turns 16.
Thanks for your help in advance
Mick |
| 7 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 19 July 2010 : 18:05:27
Then it looks like it may not be included, it is a strange rule that is counter to everything else in bankruptcy where the rule is generally that it is when the debt is incurred that matters, but unfortunatly you seem to have been caught out in this case.
You could go bankrupt again |
| mick1972a |
Posted - 19 July 2010 : 17:51:47
Thanks, I recieved a letter from them today saying they did not make a final decision on our payment until a month after our Bankruptcy date so as it was after our BR could not be included.
We recieved notice 2 month before our BR that we had been overpaid and the intension to claim it back by reducing future awards so surely this was all they needed to know. It was one of the main reasons for us going BR. |
| debtinfo |
Posted - 03 July 2010 : 20:03:09
i have linked to the Insolvency service guidance on this, it includes reference to the court case where the judge set down the rules
http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm |
| mick1972a |
Posted - 03 July 2010 : 19:58:01
I have on a couple of occasions but they mention something about cross years which i dont fully understand, got the letter they informed us on Feb 11th about overpayment and that they will take deductions from future payments.
We then went BR on April 31. Guess will ring them again on Monday and ask them to explain the cross payment thing |
| debtinfo |
Posted - 03 July 2010 : 19:50:56
then ring them up and say that the debt has been discharged |
| mick1972a |
Posted - 03 July 2010 : 19:23:03
Hi yeah, they told us of the overpayment before we went BR. We were informed about 2 months before our bankruptcy date.
Mick |
| debtinfo |
Posted - 03 July 2010 : 19:13:36
Had they formerly requested repayment by the time you entered the bankruptcy, if so the debt should have been wiped when you were discharged |
