Overpayment: Can hmrc refuse my repayment plan

[porrohman65]

I feel the sorting office at the tax credit office is in adequate for the job required,

now over the last couple of months I have sent mail, which was requested by the tax credit office

 

Oct 2013, they would reconsider my claim, but I had to send them prove, which I did,

didn't hear anything back, so tried to contact them a further 3 time over 3 months, still no reply

 

When I make threat to go back to the tribunal service, they reply, but they make out,

Im at fault for not sending the items as requested, which I know is untrue, as they were sent recorded delivery

 

At this pointy Im forced to make a complaint, but they wont deal with me while my claim is on-going at the tribunal service,

as of 8 March 2014, my appeal came to an end, and wont being appealing any further

 

Right now Im trying to sort my claim, either by changing my details to include the disability element or allow me to end my claim,

and make a new claim, which I want backdated from 9 Oct 2013, as this is when I was told the tax credit office would reconsider my claim,

and because of this my appeal with the tribunal service was put on hold till I knew what was going on

 

On 17 March I wrote to the tax credit office, asking for my claim to be sorted, or closed,

now I know there is the help line, but I have no intention of phoning them,

as the calls to the tax credit office for Oct/Nov 2013 cost me around £10

 

I think I give them until 28 April 2014, which is 6 weeks after my letter was sent, after this I think I have to lodge another complaint

, to see why there has been such a delay in getting a reply

[blondebubbles]

I would never write to them personally to make a change, I would only call.

 

Are you calling from a mobile or landline? As it's an 0345 number it is free from some landlines or you could go to your local office and use their phones (although these offices will be closing in the next few months)

[porrohman65]

I would never write to them personally to make a change, I would only call.

 

Are you calling from a mobile or landline? As it's an 0345 number it is free from some landlines or you could go to your local office and use their phones (although these offices will be closing in the next few months)

 

 

I would normally phone them, but there are complications with my claim, and its easier to write to them to explain, if I was to phone, think I would be on the phone for around 15-20 min

 

 

Some of things that now need to be dealt with are; close claim down, and open new claim; sort out overpayment; enter earnings for 2012/13; dispute letter dated 9 Oct 2013; for me to do this over the phone would be a bit of a hassle

 

 

I know of there offices, but just haven't been well enough to go up to town, as for send it by post, this was my only option, to make my point

 

 

I actually remember a time, when I could take my tax credit form to my local tax credit office, and they would look it over, that doesn't happen any more

[blondebubbles]

What is the reason for shutting down your claim and opening a new one?

 

They would only do this if you had a change that requires you to end your claim. They won't just close it down because you would rather a new one.

 

Are you actually getting payments? What is the issue you were asking them to reconsider?

 

The 12/13 income should have been provided last year. Do you mean 13/14?

[porrohman65]

What is the reason for shutting down your claim and opening a new one?

 

They would only do this if you had a change that requires you to end your claim. They won't just close it down because you would rather a new one.

 

Are you actually getting payments? What is the issue you were asking them to reconsider?

 

The 12/13 income should have been provided last year. Do you mean 13/14?

 

 

 

I was appealing against the decision to remove the disability element, but lost my case, so the only way now to get his element is to close my claim, and make a fresh claim, which this time should be valid, but im also asking if my claim can be sorted, if they cant do this, then I have asked for my claim to be closed

 

 

Still getting payment, as it was an on-going appeal, as for the reconsideration, this was requested by the tax credit office, after they learned I was in receipt of National Insurance credits, and they need my earning details from when my illness stated

 

 

Income for 2012/13 was an estimated income, but my actual income for 2012/13 was also declared, and they have noted this with in there letters

[blondebubbles]

The latest the 12/13 income should have been reported is 31st Jan 14 so you need to sort that ASAP. They will shortly be asking for 13/14.

 

I take it you are not in receipt of DLA or PIP?

 

So do you qualify for working tax credit without the disability (e.g a single person with no children would need to work 30hours if no disability element). If so they wouldn't end that claim so you could make a new claim for the disability element. If your appeal is successful then that element is added to your existing claim.

[porrohman65]

The latest the 12/13 income should have been reported is 31st Jan 14 so you need to sort that ASAP. They will shortly be asking for 13/14.

 

I take it you are not in receipt of DLA or PIP?

 

So do you qualify for working tax credit without the disability (e.g a single person with no children would need to work 30hours if no disability element). If so they wouldn't end that claim so you could make a new claim for the disability element. If your appeal is successful then that element is added to your existing claim.

 

 

yes income was reported before 31 Jan 2013, but they haven't acted on this yet

 

 

Not in receipt of DLA or PIP, but have been getting national insurance credits, which they don't make you aware of, I only found out when I asked for a NI statement, based on this I want to close my claim, and start a fresh claim, or at least submit my claim for approval

 

 

I lost my appeal, so right now Im just trying to sort everything out, and this includes the overpayment

 

 

I used to qualify for wtc under the 30 hr element, but no more due to poor health, for the last 7 months I have been ill and not able to work my full contract hours, infact at the moment Im working 25 hr per week, and while the tribunal court hearing was on-going the tax credit office have been told my health has been slowly deteriorating

[blondebubbles]

You said that you have an ongoing appeal and are still getting paid. But you've also said you've lost your appeal.

 

On what basis are you actually getting paid if you don't qualify for working tax credit without the disability element?

 

If you are no longer entitled then your payments should have already stopped therefore you would need to make a new claim. This claim would probably be picked up by compliance.

[porrohman65]

You said that you have an ongoing appeal and are still getting paid. But you've also said you've lost your appeal.

 

On what basis are you actually getting paid if you don't qualify for working tax credit without the disability element?

 

If you are no longer entitled then your payments should have already stopped therefore you would need to make a new claim. This claim would probably be picked up by compliance.

 

 

 

 

Still getting payment, as it was an on-going appeal

Sorry if that bit was confusing, it was an on-going appeal, which has now ended

 

 

Nov 2013, I became ill, so was unable to work my contract hours of 31 hr per week, the tax credit office were notified of this, but at this time my appeal was still being heard by the tribunal service, and my appeal ended, end of Feb 2014

 

 

I had phoned to close my claim Dec 2013, and asked to make a new claim, but they couldn't do that while my tribunal court hearing was still being heard, so come march 2014, I wrote to them, to get things sorted out

[blondebubbles]

Is it the Preston office you've been writing to?

 

Your claim will stop from when you reduced your hours.

 

You then would make a new claim that will most likely be reviewed by compliance. If the claim was successful the maximum a new claim would be backdated is one month. A further appeal would be needed for this to be backdated any further.

[porrohman65]

When it comes to a change of circumstances, in your tax credits, like no longer working 30 hrs, according to the award notice you should phone them

 

 

Does anyone know, is there a requirement to phone them, could you not just send them a letter, although this letter may take 5 weeks to reach an advisor and for your claim to be dealt with, the reason I ask this is:

 

 

March 8, ended my appeal with the tribunal court, and began to correspond with the tax credit office, so sent them a letter on 17 March, and followed this up with a call on 22 April, yes they have my letter, and are dealing with it

 

 

I have phoned more than once, and these calls are costing me a lot of money, last Nov my calls came to £6, I could never get through, and would be left holding for at least 8 mins, sometimes they just cut me off

 

 

In my letter told them Im now working 20 hr per week, due to ill health, even told them how I want to deal with my overpayment, Im happy for my tax code to be reduced to £8105, included an expenditure sheet

 

 

So today, 20 May, I receive my annual review, and it tells me if anything is wrong to phone them, well Im not going to phone them, as I have already told them my circumstances, but they are yet to act on my information

 

 

So its been 10 weeks since I sent my original letter, which today Im going to follow this up with a complaint letter, basically asking the complaints manager, if he can find out what's happening with my claim

 

 

I would just like to end my claim, seeing all they are giving me in tax credits is £11 per week

[blondebubbles]

Yes you can write in a change of circumstances.

 

If you do I would suggest keeping a copy of the letter.

[porrohman65]

Today 12 Jan I received a letter from LCS debt collectors, who have told me, the HMRC have passed my debt to them for collection

 

 

Now I have never disputed the overpayment, and already had sent a letter 10 Dec 2014, to the HMRC in Cumbernauld, expressing an opinion, on how I would like to repay the overpayment,, which was to reduce my P.A.Y.E tax code to £9000, which means on average I will pay £25 per month, which I think is a very reasonable offer

 

 

There are some other factors to take into consideration, like my claim was closed on Oct 2014, without them checking with my self, so trying to get my claim back up running

 

 

So by closing my claim, my overpayment became due immediately, even though I have sent of a letter requesting my claim be sorted, but knowing there mail process, it can take up to 8 weeks to deal with, but there expect me to pay the overpayment right away

 

 

Some things I wish help on; am I correct LCS have standing in dealing with this debt, I have already emailed LCS, and told them this directly, I will not deal with them, but hmrc, and only with the person name in my letter, this person works at hmrc in Cumbernauld, Mrs D R********, I have also told them I will be writing to the complaints manager a the tax credit office

 

 

Someone at LCS read my email, and had requested I send the case ref no

 

 

I have sent LCS a copy of the letter sent to the hmrc on 28 Oct 2014, which specifies on how I want to deal with my overpayment

 

 

I am drafting a letter to the complaints manager, to be sent this week, so I think I have done all I can, is there anything else to be done

[dx100uk]

sounds good and the right actions

 

 

dx

[porrohman65]

Here an update on what is happening with LCS and the tax credit office

 

 

Have had 4 letters this week from LCS telling me I need to contact them, as they need to discuss some things about my debt, which was quickly followed by, if you don't reply, they may get a summary warrant, and finally yesterday a final demand before any action can

 

 

Now on Mon 2 Feb, I sent a letter to the complaints manager at the tax credit office, basically telling them Im not happy with the way things have been handled, and wont deal with LCS, unless I need to

 

 

I have even told the tax credit office, LCS cant take me to court, as the debt is with hmrc, and if LCS want to take me to court, but only in letter, I will seek legal representation; hopefully I can call there bluff

 

 

Now I have told LCS, I don't dispute the debt, or a unwillingness to pay the debt off, its just that I want to deal with hmrc, and set up repayment through my paye code being reduced to £9000 from April 2015, and have told LCS I will only talk to them about my debt, after the tax credit office get back to me

 

 

I have also sent copies of all the letter sent to the tax credit office, along with a copy of the recorded delivery receipt, which all goes to proves I am trying to deal with this as quickly as I can, but its the tax office, who don't seem to deal with things right away, now I expect the complaints manger to deal with my letter with in 2 weeks at least

 

 

Now I also expect LCS to send out more threatening letters, so this is something I need to check up on; do they have any basis to take out a summary warrant for this debt, and if I get a letter stating the obvious

 

 

Is there anything I can add in my letter or email to them, like how this debt is covered by law, and who can legally take me to court, I basically just want to make them shut up and take notice

 

 

MIND YOU, THEY HAVE NOW SAID TO ME; we can no longer discuss your case by email

[dx100uk]

|LCS can do bugger all to you.

 

 

only hmrc can take the warrant out

 

 

and that rarely ever happens.

 

 

dx

[porrohman65]

Is tax credit debt covered by CCA

 

 

Can I send a CCA to LCS,

 

 

asking them for an executed credit agreement,

 

 

proving they have the legal right to collect this debt on behalf of hmrc,

 

 

and hopefully this will stop them contacting me

[dx100uk]

who said it was?

no its not.

 

 

only the OWNER can do court

ignore the DCA

 

 

totally as already advised.

 

 

dx

[porrohman65]

10 days have passed and no more letters from LCS, hopefully the debt has been passed back to hmrc

 

 

Received my new tax code for April 2015 £10,660, so my allowance is till to be reduced

[numbers666]

I will post something to admin as the responses contain personal information - this is becoming more and more regular and took the involvement of both my MP and HMRC London to sort out.

 

You can have the monies deducted via PAYE. They just want it quickly.

 

Never Pay a DCA for a Government Debt.

 

You will have to file a complaint and involve MP.

 

N

[porrohman65]

Had a reply from hmrc, and there not playing ball, no doubt putting as much obstacles as possible, and they tell me, I need to contact LCS

 

But they give me details if I want to make a complaint

 

Now I don't know who this letter is from, is it the complaints manager, or from hmrc themselves, in the letter it is not clear

 

From what they say, its sounds like its hmrc, as they apologize for the delay in answering my letter,

so going to send a second letter of complaint to the tax credit office,

to clarify something for me, like who owns the debt, and can take me to court

 

I intend to use this for future reference

[dx100uk]

HMRC do not sell debts.

 

 

dx

[porrohman65]

For the last couple of months, all I have ever wanted to do, is to repay what I owe in Tax Credits

 

 

So LCS ended up with this debt, and were trying to collecting on behalf of hmrc, now I even wrote to the tax credit office, asking for the overpayment to be collected through reduction of my paye code

 

 

They refused, but instead threatened me with court action, if I don't deal with LCS and start to make payments

 

 

While this was going on I made a new claim, for the remaining months Nov-Apr 2015, from April 2015 this resulted in the tax credit office reducing my claim, and collecting the overpayment from my tax credits

 

 

This claim came to an end at the beginning of June, due to my earnings which means I don't qualify for tax credits; the tax credit I got between April-June were place into a separate bank account, so I could repay them

 

 

Now my claim has been closed, all it is left is to make the hmrc an offer of repayment, and my intention is to offer them 1.5% of my net wage, or ask them again to reduce my paye code

 

 

Now I think 1.5% of my net wage is reasonable, which mean hmrc gets between £14-£22 per month, which will take around 10 years to repay; now I could ask for the overpayment to be written of, but I want to repay what I owe, as I accept I made an error in a previous claim

 

 

With out tax credits, I'm more or less working all the hours I can, even though I might make my self ill, but at this time, I have not had any problems for the last 18 months; the last 10 weeks I have worked none stop with out any days of, and my average hours per week are 70 hr shift, so for the last 3 months I have had a very good wage, and have put a fair bit away

 

 

Can hmrc refuse my offer

[porrohman65]

I have an overpayment of around £2000, partly my fault. Spent the last 2 years trying to sort payment plan, as hmrc passed the debt onto a debt collector

 

 

Reapplied for tax credits Jan 2015, which my claim came to an end April 2015; I immediately sent them a letter, requesting the correct address to deal with my overpayment, so in Aug 2015 sent of my letter, expressing how I want to deal with my overpayment

 

 

I have asked them to collect the overpayment through reduction of my tax code, which means I repay them £23 per month which goes towards repaying the overpayment, to date have had no letter from any debt collection agency, so waiting to see what happens over the next few months

 

 

Also in my letter, I asked of the overpayment could be written of, on grounds of poor health, which has been documented

[dx100uk]

thanks for the update

 

 

dx