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Hadituptohere

Just received lcs debt recovery for tax credit debt of £2655.00 from 2008/2009

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Hiya

 

Ive opened my mail this morning to find a letter from LCS Debt Recovery for Tax Credits Debt of £2655.00 which has just floored me .

 

Ive rang the Tax Credit enquiries line to find out where this has arisen and been informed its from the years 2008/2009.

 

Ive been divorced since 2010 and continued claiming Tax Credits ever since as I was lucky enough to have my children live with me.

 

Apparently the amount claimed ny the recovery team is only half of the amount, Ive informed Tax Credits that I wasnt aware of the overpayment and had never seen the paperwork that they have sent through that year or I would have arranged repayment and to not hear anything for 7 years then a Debt Collection letter land through my door has left me in shock.

 

The Tax credit representative has put in the post to me the overpayment bill for that year and the calculations made so I can see it for my own eyes.

 

Im now living with my partner who is disabled and she claims ESA for the 2 of us and have 2 14 year old boys and a 9 year old girl.

 

As ive said this has really floored me and my partner has serious health issues that are stress related and has to avoid stress at all costs and this bill for £2655.00 isnt helping the situation and its from my previous marriage.

 

Can anyone advise what I can do or help in this matter plz?? Ive been told by the tax credits to contact the debt company and arrange payment.

 

They also stated that the paperwork can take upto 12 weeks to come through and that the Collection would continue during this period, and that there is a dispute letter I can complete but im afraid once the payments start with the Debt company its acknowledgment of the debt and once the debt collection company get their teeth in they dont let go.

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Think what you have to do is start a complaint with the Tax Credit people about this situation and that you do not believe anything is owed, as you have not received any previous communication regarding overpayment. Send it by letter, with a copy to LCS and in the letter to LCS advise them that until the full complaints process has been gone through, you are not able to respond to them.

 

See how your complaint is dealt with and if you need to, you can involve your local MP, who can make a complaint to the Parliamentary Ombudsman if necessary.

 

You would question how they have worked this out 7 years later.


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Thank you unclebulgaria

 

I mentioned on the telephone to the Tax Credits that I have not seen this overpayment notice hence requesting the bill myself, I was told that as the claim was a joint claim and that both of our names were on the overpayment notice it didnt matter if Id not been made aware as they had fulfilled their side of things by addressing it to both claimants???

 

I will do as you have recommended and basically put the account in dispute and notify LCS of this.

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I have looked at other similar threads and it is also advised to send HMRC a SAR.

 

See this being discussed in this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?445465-tax-credit-overpayment-from-2009

 

There is no admin fee for an SAR to HMRC.

 

Because this debt is over 6 years ago, they can't enforce through court action, but they can take from benefits if need be.


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Thyankyou again for the info, I thought because benefits are classed as the queens money they could enforce whenever?? I could be wrong.

 

As you say its been 7 years and Ive been a claimant since why has nothing been done about this over the 7 years and now sent through a Debt Collection Company when small deductions could have been made to my existing claim ??? There will surely be charges applied by the Debt Company

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Edit


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thyankyou again for the info, I thought because benefits are classed as the queens money they could enforce whenever?? I could be wrong.

 

As you say its been 7 years and Ive been a claimant since why has nothing been done about this over the 7 years and now sent through a Debt Collection Company when small deductions could have been made to my existing claim ??? There will surely be charges applied by the Debt Company

 

Hadituptohere

 

Charges? Dcas can't add anything and can't do anything anyway on a government debt


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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thats good to hear and thankyou renegadeimp

 

Ive just completed the online SAR that unclebulgaria has pointed me towards.

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Charges? Dcas can't do anything anyway on a government debt

 

 

In what whay cant they do anything??? please

 

Hadituptohere

 

Apparently Payments have been made on this overpayment back in 2012 when we had seperated and been divorced at £40.00 per week

 

 

but then stopped and that wasnt by myself so must have been by my Ex wife,

 

 

it seems funny that my ex was aware of the debt

 

 

but it was me who was the continuous claimant for Tax Credits

 

 

and nothing had been brough to my attention?

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Wait for the SAR info. Perhaps you have moved and they wrote to previous address.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I will await the SAR but ive definitley not moved from the matrimonial home as I have the children


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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ignore the DCA totally that's for sure

 

 

its a govt debt

 

 

and as with all DCA's they have no powers whatsoever

and even less on a gov't debt.

 

 

they are acting as powerless clients.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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In what whay cant they do anything??? please

 

Hadituptohere

 

 

Crucially, a DCA can't start court action on a government debt - only the government itself can do that. And the usual rules concerning Statute Barred debt apply to benefit overpayments that were not the result of fraud, which this obviously was not. So it would appear that this is not recoverable in that way, but HMRC can make deductions from future benefits, including the State Retirement Pension, at any time in the future.

 

I'd definitely send a SAR. Are you on speaking terms with your ex? If so, might be worth checking to see what she knows. Normally I'd advise people to make an appeal in cases like this, but if your ex has made some payments then HMRC would probably decide that you were informed of the matter in 2012 and so are out of time to appeal.


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We aren't on speaking terms unfortunately everything has to go through our solicitors (her choice not mine) and split in 2010 and was divorced in 2011.

 

So any payment was on her behalf and without my knowledge as per the overpayment papers they apparently sent.

 

The SAR has been applied for online..

 

Thanks for all your advice and reassuring words

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I acknowledge that the DCA is powerless but can they pass information to CRA's ??


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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govt debt don't show


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I acknowledge that the DCA is powerless but can they pass information to CRA's ??

 

not a chance in hell of it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Crucially, a DCA can't start court action on a government debt - only the government itself can do that. And the usual rules concerning Statute Barred debt apply to benefit overpayments that were not the result of fraud, which this obviously was not. So it would appear that this is not recoverable in that way, but HMRC can make deductions from future benefits, including the State Retirement Pension, at any time in the future.

 

Just received this today

 

Hadituptohere

lcs child credits.pdf


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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All of a sudden the amount is halved, and the £2655.00 was half previously... and there is the suggestion of legal action. still awaiting SAR

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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you need to remove barcode and qrcodes etc too

but safe to ignore

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks dx... dont know how to edit the attachment or remove it.

 

hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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already removed from others view


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thankyou again

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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HMRC have missed the deadline date of 40 days for my SAR that was sent online...??

 

More threatening letters from LCS of wat could happen if i dont settle including bailiffs selling my possessions....

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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no read the letter properly it doesn't say bailiffs will etc etcc.anything

no harm in ringing hmrc to findout what is going on.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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