Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Question Repayment of working tax credit

    Myself and partner have recently parted. Our previous working tax claim stated we have been over paid, i believe this to be for around £700.

    Firstly, obviously this has to be paid back, but how do i go around sorting it so my ex pays his half back?

    Also i went bankrupt in January this year, in which i noted i owed working tax credits around £450. Can working tax be included in a bankruptcy claim? I heard it could that is why it was listed.

    I look forward to hearing from someone.

    Thank You


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    Default Re: Repayment of working tax credit

    Quote Originally Posted by geministar2007 View Post
    Myself and partner have recently parted. Our previous working tax claim stated we have been over paid, i believe this to be for around £700.

    Firstly, obviously this has to be paid back, but how do i go around sorting it so my ex pays his half back?

    Also i went bankrupt in January this year, in which i noted i owed working tax credits around £450. Can working tax be included in a bankruptcy claim? I heard it could that is why it was listed.

    I look forward to hearing from someone.

    Thank You
    Sorry to hear about your problems, speaking from personal experience, i was accused of owing money to the HMRC following my separation, my separation occured approx 4 years ago, and they have only just informed me.

    I have got proof that i notified them etc, i am just waiting to hear from them again in this matter.

    Can you recall informing them of your separation, if so, even if you dont have proof, the HMRC keep logs of all communication including a call managment system that keeps certain calls for a period of time.

    If you have informed them then you shouldnt be liable, i would recommend that you request a Subject access requesticon from them.

    With regard to your debt been part of your bankrupcy, i would have thought that this debt would come under your bankrupcy.

    If your confident that you owe this money, inform them that the debt is for you and your partner and you are only liable for 50% of this.

    Hope you get things sorted.

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    Default Re: Repayment of working tax credit

    It can only be included in bankrupcy if Tax Credit issued you a final award notice of repayment before the bankrupcy order was granted. If this was issued after the date of the Bankrupcy order then they can pursue you for it, even if the overpaymenticon occurred prior to the order.

    If you were the main claimant they will pursue you, and have no obligation to pursue your ex partner. The only way you can attempt to get your ex to pay his share is by taking action through civil court to recover the money after you have paid it off.

    I have the same issue with my ex, without the bankrupcy. Left to pay the crap that he got the benefit of!

    What you can do if you don't think you should pay it back, for example if you believe they made an error, is dispute the decision to recover the overpaymenticon. If they still say you must pay it back there is no right of appeal, but there is another process you can follow, which is detailed in my response to another poster regarding overpayment, here: http://www.consumeractiongroup.co.uk...ax-credit.html

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
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    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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    Default Re: Repayment of working tax credit

    sorry to say but if your overpaymenticon is from a joint claim then you are liable for all and half of it. you can make an arrangement with them for 50% but if they don't get the remainder from your ex-partner they will chase you for the remainder. the amount of the overpaymenticon will depend on when you told them and if a payment has already been issued. contact them and find out.


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    Default Re: Repayment of working tax credit

    i dont have an issue with what they are saying we owe. I just wondered what the situation was as i had gone bankrupt and my partner has now left. They have only just sent out info of the figure owed so i guess as you say above, it is to late to include this in my bankruptcy.

    I will happily pay back half in installments but i dont see why i should be the only one paying anything back, when the claim was for us both.



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