alleged tax credit overpayment 2 DCA's chasing

[poochie]

can someone advise please .

I am in scotland

 

due to ill health,

I had to give up work and we were no longer entitled to tax credits

since 2010 we have not revieved any tax credits payments

 

In 2011 after long battle,

I got enhanced rate of rate and got a lump sum which was back dated money

 

Since those payments came thru,

tax credits have been chasing us for different amount of money goin back to 2009

and I have been arguing with them

because they keep using 2 different debt collection agencies to chase us

but give each company a different figure

 

 

on various letters they have added different figures too

which i always argue but they always seem to have answers for.

 

I recently sent SAR and got all paperwork back but cannot make head nor tale of it

because a lot of letters i sent them by recorded delivery are not in their pile of paperwork

which makes me question what else is missing

 

 

luckily i have them on computer as well as the recorded delivery postal slip

showing they received them and who signed for them.

 

Can they use 2 separate agencies to chase us?

I sent both companies letters telling them that this alleged debt is being disputed

and i will not enter into agreement with either one of them

whilst i am still communicating with HM Revenues & Customs myself

I am quite willing to go to court over this if I have to.

 

They also claim i was overpaid tax credits last year by £132

but i have never claimed tax credits since we were last told we were not eligible

 

 

there is a payment in bank at same time as another payment from pip

both payments just say HM Revenue and customs

we just assumed it all came from same place

 

 

they are saying unless we can prove the error was theirs

then they will keep chasing us for the overpayments,

we do not know what to do

 

can anyone help with advice please.

 

 

thanks in advance

[dx100uk]

ok well firstly

you need to totally ignore the DCA's that are involved in this

 

they are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

your case is squarely with HMRC

and you only deal with them.

 

you've done the correct move by sending HMRC an SAR

that should enable you to prove the case one way or another.

 

the thing to remember here is:

if you cant prove what has gone on...

..how can HMRC either?

 

I don't agree that's its for you to prove their error.

its for them to prove their case not you.

 

they p'haps need reminding of this...

[Conniff]

It is always up to the accuser to prove a point and not the defendant. Add that to your letter.

 

If that wasn't the case, then I could say I let you have £500 and I want it back, you prove I didn't lend it to you.

[poochie]

can a tax credit award be based on a zero income? .....

I am goin through the paperwork

 

they're claiming we were overpaid by £8000 approx but figures keep changing according to letters

they say we were paid on zero income to avoid puttin us into hardship

they state on another part of the letter that all awards are based on previous years income

 

and we always filled in the income part of our forms

so they are completely confusing me with all this nonsense.

 

we are in debt management scheme and they have been getting paid through that

but the figure they gave to the company is not matching any figures in their letters so its all getting so confusing

 

can someone help or advise please ... thanx to all who have replied already

[dx100uk]

whos the scheme with

not a fee paying one I hope!

 

 

dx

[poochie]

no its a company called think link .... we have been payin them set amount each month since 2012 and hmrc were part of that but for different figure than they state in letters they sent us about all overpayments ..... its so confusing ....... im not gettin any figures to add up and really need some help with this ..... does anyone know any help i turn too please

[dx100uk]

you mean link financial?

[poochie]

no its called think link and its part of gregory pennington group apparently

[dx100uk]

oh god not penny's

dump them

and go get that pot they are secretly keeping

and taking payments for.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?422013-Harrington-Brooks-Failed-to-Make-Payments-**WON-MASSIVE-REFUND**g money for to supposedly make f&f

[poochie]

i have just read through the HB post ....

 

 

now im worried as i been paying them just under £100 per month since september 2012

so i will be contacting them now to see what payment they have made on my behalf.

 

Now getting back to the tax credit overpayments,

how can they base an award on zero income when forms filled in

gave estimates of earnings that were same as year befores earning

and also the year after the period they say they overpaid us .....

 

 

to be eligible for tax credits you have to be working 16hrs per week or less .

... so to base an award on zero income does not make sense to me and this is my argument for the alleged overpayment ..

... if every award is made on zero income then everyone would be entitled to tax credits etc ...

 

 

... and also my estimates of earnings were few pounds higher that actual figures

so why did they not base award on those figures .

 

 

...I also read in letter that they try to base awards, where there are no estimates on forms, on previous years income .

....so whatever way i look at it, the fault is on their part ...

 

 

. can someone help or advise on how i can argue this case with them

as they seem to be missing the point i keep making

 

 

...thanks in advance for any help or advice

[dx100uk]

have got the sar running yet?

[poochie]

i have recieved all my SAR documents from HMRC if thats who you meaning?

 

I really need help with HMRC alleged overpayment of tax credits asap

because i have 2 seperate DCA's chasing me for these alleged overpayments ...

.. and i really cannot take this stress.

 

I am thinking i need to close the £132 overpayment as their mistake

because we never applied for the 2yrs previous to them paying that money into our account

and we never got any letters to say we got that from them ....

 

 

.. we did get the money into our account

but at that time, we got 3 seperate back dated payments for enhanced pip

which i was awarded several weeks before so we just assumed it was all linked together .

... so my argument on that overpayment was definately their mistake and not ours .

 

 

... can someone confirm if my thinkin on this argument is correct please.

 

I am still going through paperwork on the higher amount they claim we were overpaid

and they say ti was our mistake but i know it was not as we now have our claim forms

and the info they got was same as previous year and the year afterwards

 

 

and they say in their letters they make awards on previous years income etc

yet on that one year inbetween 2 years, they made an award on zero income ...

.. it does not make sense .

 

 

.. i really need help on the higher one too but im tryin to work thru it myself as much as i can .....

 

I have written to both DCA agencies to get them off my back

but they keep sayin they will give me 14 days to prove my dispute with HMRC

 

 

i sent them letters asking if HMRC gave them proof positive i owe the money they chasin me for

but they say they dont have that proof but continue to hound me .

.... someone help please ...

. would be very much appreciated .

....thankyou

[dx100uk]

what part of totally ignore the DCA

did you not understand?

 

 

dx

[poochie]

i cannot ignore them as they both keep writing to me giving me 14 days to prove i am in dispute with HMRC.

 

I even contacted HMRC and told them to ask the DCA companies to stop contacting me

but they not doing anything about.

 

Im sure you know,

its reasonable reaction to panic when you get dca letter

but i thought by writing back to them

and explaining things that they would leave me alone

but its not the case ....

 

 

. and its even more maddening when 2 dca companies chasing me for the same thing ..

 

 

.. surely thats just wrong

[dx100uk]

nope just proves that is their only weapon

and that's how DCA's work.

 

 

threats threats and more threats.

 

 

ignore

they have no powers whatsoever in this matter

[poochie]

ok i will now ignore them and see how that goes

 

do you have any advice on my post above please

about fighting the £132 payment from hmrc

on the grounds that we had not applied for 2yrs previous to that payment so its their mistake

 

then on the payment they say they made based on zero income

which makes no sense because the award the year beofre and year after

was based on same figures that was on the claim for the year they claim overpayment .....

 

also are the laws regarding dca companies the same in scotland as they are in england because i am based in scotland

 

all advice or help appreciated

[dx100uk]

there are no laws regarding DCA's as they are toothless

but there are no such things as DCA's in Scotland

they most certainly have no rights even in E&W

and even less in Scotland

[dx100uk]

there are numerous more knowledgeable people reading this thread

than me on tax issues

[poochie]

so by ignoring them, does this mean they cannot take me to court or anything like that?

 

thanks in advance for your time and advice

 

has anyone any advice reagding fighting alleged overpayments of tax credits please

 

thanks in advice for any help or advice

[poochie]

can anyone help on this matter please

[dx100uk]

prove them wrong.

 

 

base it on post 16

[poochie]

sorry to be a pest

 

 

today i got letter from tax credit office .

.its an award notice sayin we are not entitled to anything yet we have not claimed since 2012.

 

Also it shows my income as it was prior to March 2015

when due to health reasons I had to give up work

so they have that figure wrong

 

 

why suddenly are they sendin us an award notice when we have not applied for tax credits since 2012? ..

 

 

.its getting stranger by the minute because we are still being sent letters from the debt collection agencies ...

 

 

.... I usually answer them but have not done so in last 2wks but its startin to worry me now

can anyone advise please

[dx100uk]

well as said many times

you ignore any DCA's totally

[poochie]

i feel like a scaredy cat by ignoring them ....im thinkin that by replyin to them and letting them know the situation that wen or if it goes to court, the judge would see i am tryin to resolve situation and have kept lines of communication open ..... i think by not replyin that i would seem rude .

i do want to resolve the issue as its very stressful and i think by goin to court would be only way of resolvin it but i dont want to look as if im the bad guy

[dx100uk]

but you are not ignoring HMRC

and they don't do court

simply take it from future benefits

IF they can.

but they must prove their case

 

 

for the umpteenth time

what ever the DCA's threaten/write/say

you ignore it.

 

 

dx