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Sparkle83
Junior Member
258 Posts |
 Posted - 18 May 2009 : 13:27:00
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just had a letter stating that 1544.75 isnt covered by the BR as final letter wasnt sent til after this date, threatening legal roceddings. I am gutted as they told me on the phone it was all covered.
what proceddings can they take? help, please! |
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Sparkle83
Junior Member
258 Posts |
Posted - 18 May 2009 : 14:12:04
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having searched through my paperwork, here's what I have established.
tax year 08-09. We received tax credits until end of july, when the renewal had to be done and they decided hubby earned too much. They then said that we shouldnt have had any tax credits that year.
4th aug- letter stating tax credits had stopped. On the back it gives a breakdown
Award for this period: £0
less WTC paid already: £1544.75
WTC you have to pay back: £1544.75
This to me says notification of overpayment, which todays letter claims we were not notified of until 12/3/09, 9 days after our BR (suspiciously, one day after I spoke to the debt management office and was told it would ALL be covered, inc overpayment from previous years that was in dispute)
Letter 15 october 08: 'Overpaid tax credits, ammount outstanding £1544.75. we wrote to you requesting payment of the ammount shown above but it remains unpaid. You should send full payment immediately. If you do not contact us immediately, we may have to refer the overpaid tax credits for consideration of legal proceedings- collector of taxes'
Again, this says notification to me. We then set up a DD of 60 a month to pay this, because we knew we were liable for this, but the others were in dispute. When I called in feb, they had been taking the 60 a month off one of the dispute debts instead of this one. This is when they told us we owed 6k total, and when we made our BR decision.
I think that we may have had other letters that were sent to the OR without making any copies (doh!) about this figure, possibly even a Final Decision letter... will call OR this afternoon.
I suppose worst comes to worst and we have to pay it, it should be included as an expense, right? |
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mick1972a
Junior Member
235 Posts |
Posted - 18 May 2009 : 14:13:01
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Well we have tax credit overpayments but we recieved the letter before going BR. They have reduced our payments. Then once discharged from BR the overpayments are wrote off.
Mick |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 18 May 2009 : 14:15:23
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Definitely speak to your OR. I don't really have any knowledge regarding tax credits but would be very surprised if they couldn't be included in BR so would expect this to be written off.
At the end of the day you are BR, which means you didn't have enough money to pay your debts so how do they expect you to find £1500????
Speak to the OR and see what they say. |
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Sparkle83
Junior Member
258 Posts |
Posted - 18 May 2009 : 14:24:40
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I just cant see how they can argue that we hadn't been notified when I have two letters in my hand saying that we had an over payment for this ammount that had to be paid back! Especially after telling me on the phone that it would all be covered.
If I have to make payments against this, will the OR add it as an expense, or would it have to come from our DI? |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 18 May 2009 : 14:58:02
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| I would hope that the OR would put it as an expense as you have to pay it each month the same as utility bills, food bills, etc. |
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paulsc
Junior Member
289 Posts |
Posted - 18 May 2009 : 18:22:33
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i had a letter saying i had overpayment of £193 from 2004/2005 and will be intouch for paymnet its been 12 months since i heard from them should i add this to petition
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 18 May 2009 : 18:29:37
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| Yea, add it to the petition. All the OR can say is that is can't be included so it doesn't do any harm to put it on the form. |
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Sparkle83
Junior Member
258 Posts |
Posted - 18 May 2009 : 19:33:04
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right, spoke to the OR, who says that if it was accrued before 3rd March, its cleared, regardless of what paperwork they claim to not have sent. He's writing to them to tell them this.
Then rang HMRC, and after being shunted around, got the debt management office, who said they have a seperate bankruptcy department that deal wih it, but that he would refer it back to them, giving details of the letters I still have, as he hinks that this should count as us having had notification, thus making it cleared.
so fingers crossed |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 18 May 2009 : 20:32:47
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| That's good news Sparkle and, with a bit of luck, the OR will contact the Tax Credit people and that will be the end of it. |
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Sparkle83
Junior Member
258 Posts |
Posted - 18 May 2009 : 23:11:31
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| I seem to have one problem after another whilst BR... first adding a debt with HMRC for missing part of the tax return, then a company that had bought a debt DH incurred in 2000 (and had had no contact with the creditor since 01) sent us a letter asking for 1k, which I had to ring the OR about to get added. Then the company agreed (after we sent them a letter) that it was statute barred so had to call OR again for that, then this with the tax credits, plus me getting a promotion/extra hours has led to having to redo the IPOQ, to be sent tomorrow! 11 weeks, and the clerk recognises my voice :S |
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shazzles
New Member
79 Posts |
Posted - 19 May 2009 : 06:59:11
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| I had overpayment letters before BR and i included it in my creditors on the day of my OR interview, he said it was fine to include it. Hope this helps |
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Sparkle83
Junior Member
258 Posts |
Posted - 19 May 2009 : 09:04:34
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| they have said we didnt have the final statement for the year, so it doesnt count, but then they also say that certain bits I do have (TC607 and IDMS15) count as demands for payment and then do count. Muppets |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 19 May 2009 : 09:48:42
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LOL, that sounds pretty typical for a government agency.
Not something that people need when going through this process but well done for getting it sorted. |
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Sparkle83
Junior Member
258 Posts |
Posted - 19 May 2009 : 23:38:15
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| Yeah, hopefully I'll hear no more, but I'll keep ya updated |
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Sparkle83
Junior Member
258 Posts |
Posted - 30 May 2009 : 17:18:37
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Letter this morning saying that having reviewed it since my call, we are NOT LIABALE for the debt as its covered by the BR.
So it's always worth questioning it and sticking to your guns :D
Weeks of BR
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Topic |
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Tax credits overpayment
