'Pastdue Credit Solutions' now Advantis chasing Tax Credits overpayment

[HelpfullFriend]

Hi

Sorry if I am in the wrong thread here but I am not sure if this is a benefit or debt query.

 

I have just received a letter from 'Pastdue Credit Solutions' for the amount of £8292.12 owing to HMRC for Dual Tax Credits.

 

History .....

 

Quite a few years ago I applied for Working Tax Credit.

Didn't have all our P45's so I sent of a list of jobs my husband had and what we thought he earned from each one.

Next thing we knew, they had backdated our claim and put £1500 approx in our account.

I rang them up and asked if they had it right as I was sure we wasn't entitled to it.

 

They said we were but would look into it for us.

Over the next 12 months we received various letters to say out benefit had been reduced.

They were obviously checking my husbands employment history and reducing the benefit accordingly.

 

After a period of time they said we had been overpaid and demanded it back

(it is so long ago I cant even remember the amount requested).

 

I rang and questioned it - they said it stood - I appealed - they said they were right and I was wrong.

I told them to stick their money and refused to make anymore claims.

Never filled out anymore forms.

Never took anymore of their money.

 

Claimed again in 2009 when my husband was made redundant.

Claimed again in 2013 again when my husband was made redundant.

Never claimed since an I still have a child in the last year of secondary school.

 

I cant understand how they recon we owe over eight thousand pounds.

I have tried to ring them - sitting on the phone unable to get through.

 

I have already advised one debt collection agency I was disputing the amount they were claiming

- it wasn't no where near this amount either.

 

I can only think that they have added the amount we have claimed in total and that is the amount they are requesting.

No mention of the years we have never claimed a penny.

 

Is it up to me to prove I don't owe this money or is it up to the debt collection agency to prove I do?

Any help will be gratefully received and I apologize for the long thread

 

Thanks

Edited January 31, 2016 by citizenB
formatting

[citizenB]

Send a Subject Access Request to DWP - this will provide you with all the data in connection with your relationship with the credits.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406188-DWP-Subject-Access-Request-From-%28SAR%29-**Updated-March-2014**

 

The link above is the draft SAR you need to send. They will not accept via email, so you will either need to take it to your nearest DWP or post it - making sure you obtain a free proof of posting.

 

Send a letter to the DCA and say that you are disputing this - have requested information from DWP and until you receive this, then you will not respond to any threats from the DCA.

[HelpfullFriend]

Hi

Thanks for your assistance citizenB. I will get that letter off this afternoon.

 

The debt company rang me Saturday and I refused to speak to them. J

ust told them to write to me.

 

They have done - received another letter off them today advising me HMRC take these matters very seriously

and could seize my goods or take legal proccedings against me.

They are requesting I settle or agree to a suitable repayement plan.

 

Here goes .....

[citizenB]

Hi

Thanks for your assistance citizenB. I will get that letter off this afternoon. The debt company rang me Saturday and I refused to speak to them. Just told them to write to me. They have done - received another letter off them today advising me HMRC take these matters very seriously and could seize my goods or take legal proccedings against me. They are requesting I settle or agree to a suitable repayement plan. Here goes .....

 

How old is the debt ?

[HelpfullFriend]

The first time we ever claimed was around 2004 and that is when they say we were overpaid.

It hadnt been out long and they said that if you claimed within a certain time frame

you would get the claim backdated to when it first began, so it was beneficial to claim.

 

The next time we claimed was around 2009 and again around 2012/2013.

Each time we have claimed we have been entitled to the money.

 

 

I think they have just added up every thing we have ever claimed from them and requested it all back.

I know I dont owe or have over eight thousand pounds lying around to pay them.

 

I am sending the letters off today by registered post, so we will see what they say.

Want to get it done if the DCA are threateneing legal action.

Thanks

[HelpfullFriend]

Those letters have gone off today by registered post.

 

Just as a query, would I be better getting in touch with the Tax Office regarding my earnings.

 

I have been advised they do not hold records going back that far hence the reason you are supposed to keep your P60's.

But in some of that time my husband was self employed so didn't have any.

To support my claim that I was entitled to this money, would there be anything else I could do as well.

 

Thanks

[mikeymack2002]

Don't forget to inform the DCA that all contact must be in writing.

 

If they ring again don't go through the security questions.

 

Maybe admin can ask dx100uk to pop in to confirm?

[antone]

Maybe admin can ask dx100uk to pop in to confirm?

 

I have asked him to take a look at this thread.

[dx100uk]

the bottom line is you never ever ring/talk/write/converse or do anything

with a DCA over govt debt - they certainly cant do anything

the DCA is totally powerless

no matter how many letters they may write

just count the number of times they use another word but never say WILL anywhere.

 

as advised SAR HMRC .

its free

make them prove their claim

and then ONLY deal with them directly.

 

TOTALLY IGNORE THE DCA.

 

it smacks quite loudly here that they have since provided tax credits

if you did owe anything

they'd simply take it from your current entitlement.

 

they haven't

but passed it to a no powers DCA ...urm.......

[mikeymack2002]

Thanks for popping in dx100uk

[HelpfullFriend]

When you say its free - does that mean they will return the postal order I have sent with the letter?

I thought you had to pay when ever you sent this off.

I'll let you know how I go on with it.

Thanks

[mikeymack2002]

They should return the fee if not ask for it back...

[HelpfullFriend]

With reference to us getting in touch with the tax office, would it be worth our while or not?

 

Or when they return what information they have, will it show our earnings over the years we have claimed.

 

I thought if I had all the information on what we have earned over the last 15/16 years it will be easy for them to calculate what we were entitled to and how much we have overpaid - if anything.

 

Will they be able to get the information from the tax man easier than I would?.

 

Thanks

[dx100uk]

HMRC is the taxman

 

 

you've not sent that sar to PDC have you?

 

 

dx

[HelpfullFriend]

No I sent it to HM Revenues & Customs. The address was Preston on the website.

They got the SAR.

 

Avantis (the DCA) have got the letter which says I have no knowledge of the debt.

 

I was wondering it tax credits dept will speak to the people who hold the tax records.

 

They could then look at our earnings and decide what we were overpaid, if anything.

They could do it by calculation of earnings.

 

Also they can work out what we haven't claimed since I told them to shove it (a pure moment of temper when dealing with a CSA who sounded like a newbie).

 

 

We have never filled out any tax credit forms since at least 2013/2014 if not longer.

 

Sorry about the mistake above. It is Past due and not Avantis.

[Old Cogger]

afraid it does not work like that as many of us know,

[HelpfullFriend]

I have located further paperwork relating to this.

 

The overpayment was originally in the tax year 2004-2005.

I have found half a letter saying that they initially held my partners income at nil.

Then 3398.00 up to 28/11/2005.

 

 

On the 28/11/2005 they changed it to a more realistic figure of 21,914.00.

This was despite me providing a 2 year list of all companies he worked for and his weekly take home pay.

 

 

I have no way of knowing if the 21,914 figure was correct without having a word with the tax office.

I know he has no P60's for that period.

 

The over payment was for Working Tax Credit and Child Tax Credit.

Although the letter states at the bottom

"Your award notices would alll have shown you the amounts we were paying you in CTC and WTC.

We would have expected you to contact us in regards to these payments as you knew you were not entitled to any WTC".

Like I am a benifits expert.

 

 

I did ring them and ask if they were sure the figure deposited was correct.

They assured me it was as they dont get it wrong.

 

 

When I complained - they had no record of my call.

Complaint upheld in their favour (by their own office).

 

A while ago I must have had a 'chat' with pastdue as I have figures on a letter from 2014 showing the amounts claimed.

 

2004 - 2005 (181.36 + 1461.71) = 1643.07

2005 - 2006 (1184.72 + 208.56) = 1393.28

2008 - 2009 (781.53) = 781.53

2009 - 2010 (665.48 + 1931.76) = 2597.24

 

Now I must admit I get this figure to 6415.12

so they either didnt have the full info for me or I didnt write it all down.

 

 

The 2004 to 2006 was there own fault for not reading alll the information I gave to them.

In 2008/2009/2010 my husband was unemployed.

Although not for the full 3 years. It was November of 2008.

 

The debt is now being chased by Advantis Credit Limited.

That is the final letter I can find relating to this matter.

 

just thought I would pop the extra information on here.

Will have to wait and see if the 1877.00 difference is a claim beyond 2010.

 

Will update you when I get any further information.

Thanks

[dx100uk]

safe to say you IGNORE ANY DCA TOTALLY

 

 

dx

[HelpfullFriend]

Just a quick update.

HMRC have returned my postal order which I have had refunded at the Post Office.

 

The DCA have sent me another letter advising me that they are going to proceed

and I must not ignore their demand.

 

Should I send a letter advising I have chalenged the amount requested or ignore.

 

Thanks

[dx100uk]

we already told you the sar was free,

glad you got it back

 

 

as for the dca...proceed with what...

sending another scary letter.

 

 

post 9 refers

[HelpfullFriend]

Hi peeps.

Just an update on this as I think I really need some help now.

 

 

Yesterday I have received 6 (yes really 6) parcels from HMRC.

Inside each parcel is a mound of paper work.

There must be at least 1000 pages inside each parcel.

This will take me months to go through and I dont even know what I am looking for!!!

 

A quick look inside the first parcel and it seemt to be full of screenshots.

Further inside it looks like dates claims ended and started.

I cant believe the amount of paperwork that is now on my kitchen table.

If I can upload a picture I will.

 

The covering letter is the length of a book.

It states that they have destroyed any paper copies of any data they held before 2010 in line with DPA.

Thats brill (not) as it means they do not have the original letter I sent when I first claimed and this mess started.

 

Telephone conversations will be sent under seperate cover.

 

Can anyone advise me what I need to be looking for inside all this paperwork????

 

I am assuming everything is inside.

I know I have not filled out any WTC or CTC since 2010/2011/2012.

There shouldnt be many copies of the forms in there.

I really am at a loss as to what to do now.

Any help would be gratefully received.

Thanks in advance.

[dx100uk]

you can do it two ways...

 

look at specifically what the HMRC is saying you owe....

 

either:

look for the actual written evidence [proof] of what they are saying is true..that you do owe £XXXX

 

or

 

look for evidence the proves you do not owe the money.

...............

 

if you cannot find the evidence that proves you owe it - how can HMRC say you do?

............

if you can show evidence that its already paid or never existed .. use that to counter their claim....

[HelpfullFriend]

Well I have had a look through all of this paperwork and like I said before, the majority of it is screenshots - some with figures and some without. The last load of it are note screens. Nothing really jumps out at me either way. The only 3 notes that really make sense to it all are listed below.

 

30.01.2006 - APPEALS - Formal complaint, received date 26.01.2006 (this proves that I actually made a complaint back in 2006 regarding the initial payment when I enclosed an average figure of my husbands earnings as he had no P60's to send off)

13.01.2010 - GENERAL - NC101 - Duplicate child on claim. Responsi

13.01.2010 - GENERAL - NC101 - Duplicate child on claim - Responsibility ended from todays date as per current guidance KH6025479 A&T

 

Then there are loads of screen shots from 11.04.2010 to 05.12.2015 and the just say 'child rematching' and my sons name.

 

I can then see the request for SAR, refund of the £10.

 

Does this mean anything at all? Can anyone help me with this now?

 

I have spoken to Avantis last night (caught me on the hop when I answered the house phone).

They have advised me that a government debt isnt statue barred

(even though she stumbled a bit when she looked at the date).

 

 

I have advised her that I do not believe I owe this money,

I wont be paying them a penny and if they didnt like that I would see them in court.

 

She has filed it down as refused to pay with the notes that I dont believe I owe the money.

I advise I couldnt care less how she wrote it,

I wouldnt be paying her the money.

 

 

She said Tax Credits 'would pick it up' and they would be in touch.

 

Can I write to HMRC and ask them to reason it out in figures I can understand.

I just want them to say we paid you this much and you earned this much.

As you earned this much, you were only entitled to this much.

 

 

Therefore we believe you owe us this much.

 

That is the only way I will be able to get my head arround it.

Finding anything in that paperwork is like finding a needle in a haystack.

Some of it might mean something, but it means nothing to me.

 

Alternatively, would it be best if I took it all to a solicitor

and got them to look into it for me?

 

I just dont know what to do now!!

[dx100uk]

please don't talk to no powers fleecers on the phone...

writing only

put the phonedown.

all you do is feed them with notions of power.

 

 

yes no harm in writing to HMRC

requesting what you want.

 

 

then we can match it up with data you have from the SAR.

and either blow them out the water

or agree

 

 

no rush

[HelpfullFriend]

I am going to send a letter off tomorrow then.

 

 

They are going to have to provide my earnings and my husbands earnings for every year we have claimed.

I am also going to ask them why they believe I have been overpaid.

If they cant list it down, then they are wasting my time.

 

I am going to have to give them the impression I cannot find any evidence in this paperwork.

The only problem I have is the evidence of earnings.

If they say my husband earned £xxxx for a year,

I will have to accept that.

 

How do I go on regarding my original claim when I enclosed what I thought my husband earned?

My claim was done on paper and the letter was enclosed listing every company he worked for in that year.

I assumed they would check with the tax office to find his earnings.

They say they have destroyes all paper claims previous to 2011.

 

There is a note on there which says they brought his calculated earnings to a more realistic figure of 21,xxx.

It didnt feel like we was earning that amount.

For him to be earning that kind of money back in 2004 would be stupid.

He was most definately not on £400 per week.

 

I know they are the tax people but is there any way I can find out our earnings for each year from 2004 without any P60's (or am I being a bit thick there)