Advantis / HMRC Tax Credits

[longday]

Hi,

 

Sorry if I dribble on a bit here, but there is quite a bit of back story to this one.

 

Back in late 2006 or so, we received a letter from HMRC telling us that we had been overpaid by approx £7000 in Tax Credits for the previous 2 years,

and would have to pay it back.

 

We queried this, as far as we knew we were getting what they had told us we were entitled to, and didn;t understand it.

We were advised to appeal, which we did.

We were subsequently told that the first year was their fault and would be written off,

but the subsequent year (2005/6) was our fault,

because we should have realised that they had made an error!

 

We spent a few months sending things backward and forwards, and were eventually told that it was because we hadn't sent back the annual return.

Checking our files, we had, so phoned again to query it.

We were then told that we had missed one part of the form,

this was done over the phone, and we were told that it was all sorted.

 

in January 2007 we received court papers for the alleged outstanding amount of just under £4k.

We submitted our defence, stating everything in great detail,

and the case has remained stayed ever since, as HMRC have never responded to our defence.

 

We did however receive a revised award notice in April 2007 for the year 2005/6,

where it now stated that we were entitled to about £4200 for the year,

and that we had been overpaid by approx £1000,

which would be deducted from our forthcoming payments over the next year or so.

 

just before Christmas 2013, we received a letter from Advantis demanding immediate payment of the £4k.

We wrote back pointing out that we believed we did not have to pay based on the following criteria:

 

1: It is over 6 years since HMRC did anything, and it was out of time.

 

2: HMRC have confirmed to the PAC that outstanding debts from between 2003-2008 have been written off

where no recovery has taken place within the previous 12 months.

 

3: And finally, we have a letter from HMRC from April 2007 which states that we were entitled to it,

and didn't owe them anything now.

 

They went quiet for a bit, but phoned up today (having somehow got hold of our XD number),

and started giving my wife hassle, telling her that we would have to pay at least £280 per month,

that we must fill out an income/outgoings questionaire, that it is now 2004/5 tax year that they are chasing, not 5/6,

although the amount is still the same, that we have no right of appeal etc, etc.

 

My wife is panicking that they will turn up out of the blue and try to gain access, or will harass her continually.

 

My thoughts are that even if they have got the year wrong all this time,

it doesn't matter as the letter we had from HMRC still states that we only owed them about £1k, and that has been paid.

I also don't think they can do anything unless they can prove that we owe anything,

rather than they would just like us to - although I may be wrong here?

 

Finally, they have suggested that we pay a token £5 or so to buy a bit of time

- my thought is that the minute we do this we will acknowledge a debt and will shaft ourselves

- is this right?

 

 

Thanks for reading

 

Gary

[BRIGADIER2JCS]

Hi sorry to tell you that Government debts/over payments of benefits DWP or HMRC can be pursued for an unlimited period, deductions can be made from any current or future benefits.

 

They cannot take court action, but as said above they can pursue this.

I would suggest making a SAR to HMRC to get all the data they hold on you.

[fkofilee]

Time to turn up the gas fire on ADvantis... At no point can they be nasty to you... But they will try!!

Brig is right... HMRC and DWP do not fall under the Consumer credit act of 1974... They are not limited to 6 year collection periods and can be collected indefinitely.

 

HMRC stayed on the court case? Has it ever been thrown out~?

[longday]

Thanks for the replies...

 

But how about the revised award notice of April 2007, which shows that we only owed 1000, which was then collected from future payments? Does this no blow their idea that we owe nearly £4k out of the water, when they themselves have said that we don't? Are Advantis able to pursue a debt which, according to the HMRC (or at least one part of it), we don't owe?

 

 

Gary

[new-me2010]

Just seen that you can register the SAR by email and this page is from the HMRC manual which shows you how they have to deal with it.

 

Very interesting reading though.

 

Make sure you ask for a FULL SAR which will give you everything.

 

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0138280.htm

[dx100uk]

advantis have no legal powers whatsoever to demand money in relation to gov't debts.

 

they are solely PHISHING for a mug to fleece

as its tax and they think it gives them powers they do not have.

 

a DCA IS NOT A bailiff

and has NO SUCH LEGAL POWERS..

 

NEVER EVER PAY A DCA ANYTHING ON A GOV't /BENEFIT DEBT DEMAND

 

dx

[dx100uk]

you also need to stay off that phone

 

advantis are well known for saying ANYTHING on the phone to get you to pay.

 

DO NOT!!

 

dx

[ericsbrother]

My wife had a similar thing a bit further back than that before we were married,

 

they stopped paying child and tax credits into her account and later claimed an overpayment.

 

Proved overpayment hadnt been made and that money was owed.

 

taken up by MP and

 

HMRC ordered to pay £100 compensation and monies then due.

they duly paid by a series of cheques.

 

They then proceeded to send cheques every month after a change in circumstance was notified to them

 

and after a year of lengthy correspondednce they then sent a demand for £7k,

which was the total paid that was due previously and for the year that wasnt claimed for.

 

Eventually they threatened court so we asked for evidence of payment and

 

they said cheques issued therefore paid .

 

We didint cash any of the cheques and asked for proof of encashment and an audit trail to show what money had been paid.

 

they admitted that they never trace cashed cheques and cannot produce an audit trail

 

my advice is ask in writing for proof of debt.

 

Advantis will have nothing and HMRC cant prove what was and wasnt paid so it will all die a death.

 

the best thing would be court as they have no evidence whatsoever that they have ever paid anyone,

just evidence that monies were paid or cheques issued but not to whom.

 

As you say, their own figures destroy their case but as it is 2 departments dealing with separate things

they will never actually speak to each other-1 in Lancs the other in Belfast

[Hadenoughofitall]

NEVER EVER PAY A DCA ANYTHING ON A GOV't /BENEFIT DEBT DEMAND

 

 

DOES THIS ALSO INCLUDE EQUITA ??? please????

[Hadenoughofitall]

dx100uk.... As you can see i dont have a clue what m doing on here....

 

The information/advice you gave re dca trying to collect Tax over payments does that cover the dreaded Equita also??? Many thanks

[dx100uk]

equita are a bailiff are they not?

though they do have a dca wing.

 

check CAREFULLY

 

dx

[Hadenoughofitall]

How strange, I did not call the Equita I called HMRC (Tax Credits debt dept) and had no problem at all setting up a d/debit to repay the overpayment.

 

They discussed my income which is only DLA and ESA with a claim being processed for Council Tax benefit.