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    • That would be me.   Any signs of the response yet?
    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Tax credit Overpayment .. PLS Advise - ** RESOLVED **


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Hello,

 

Your advise is needed pls..

I Was receiving the chidcare costs, My Son had to stop the Nursery last year July 2016 because he fell very ill and had been in and out of the Great Ormond Strreet Hospital with lots of surgeries, His Consultant also advised that he stays at home away from viruses . I am a single Mum , My work suffered as I can not work as I used to , So relied on the childcare as income to sustain myself amd 3 young kids. I have Never been on Benefits from the DWP so don't even understand the process, besides the thought of being on "Benefits" via DWP makes me feel low self esteemed. as I never bargained to be in this situation, Always been working.

 

This year June 2017 I got a letter to provide last year Nursery payment evidence, So i called and told them that My son stopped the Nursery this year March 2017 as opposed to last year July 2016. But they called the Nursery and the Nursery told them the actual date. I know I was WRONG .. but we just had to survive My son has been very ill , I have had to look after him , not being able to work as such, being self employed.

 

The payment has drastically reduced.. Now because I am too ashamed/scared to call them , return their calls I got a letter that they are investigating and I might have to pay back all overpayment and also be liable for a fine.

 

Please advise.. as i do not know how to handle this.

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Right,

 

Quick question. Are you still receiving Tax Credits?

We could do with some help from you.

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Thanks a lot !Yes .. I am .. but they stopped the childcare element immediately I Called them in June this year, but they have reduced it all again last week .. I don't even know if it's working , child tax credit or both combined that they are now paying..it s just drastically reduced

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Ok, I think you need to call them and ask them why. I suspect they are repaying what you owe them by taking from your current entitlement, hence the reduction. This is always their preferred option for them to reclaim overpayments. It's only when you are no longer entitled to Tax Credits when you get the scary demand to repay coming through the letterbox.

 

Give them a call, let me know if this is the case. Then it all comes down to whether you are ok financially with this reduction? I would say you have pretty good grounds for an appeal if you are not.. due to your son's illness at the time. There is an established procedure for making an appeal..

 

Also I only know about the Tax credit side of things because I have fought and won my overpayment appeal. I think you need to put pride on the back burner and see what other benefits you are entitled to ! Remember you have paid taxes all your life for times like this .. so don't feel bad.

We could do with some help from you.

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Thanks a lot ..

I just need to reset my mind I think .. I m from a family background where going to dwp is like breaking the 1st and last family rule ! not even Job seekers allowance ..

The Great Ormond actually game me a booklet of information on Disability living allowance when it all started last year, this year my son had another major surgery an was in intensive care for a month, a couple of months ago His health visitor offered to help with the DLA She Told me that people in my situation are actually the ones who qualify.. but I was just adamant ..

 

Thanks a lot this is a light bulb moment for me .. so will the Dwp work out and backdate to repay the tax credit ..?

yes I am still very cash poor , my son has just had another airway reconstruction.. reason why I m still weak in all ways ..

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Give them a call tomorrow, find out what is going on with your current payment first of all. As I said I think they are clawing back the money already by reducing your payments. Let me know what they say

 

If this is the case it will continue indefinitely until the backlog is paid off.

 

Alternatively,, it's likely you could get the full payment re instated due to your circumstances. Don't waste any time, look into the DLA, and any other benefits that may apply to you. What matters is feeding your family and paying the heating bill. Not what someone might think of you.

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

 

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  • 1 month later...
  • 2 months later...

Hello, Sorry I have been occupied with my Son's health, 3 years old can't form 3 words yet and still in an out of hospitals ..while I still look after the other two ..

 

HMRC claims I owe about £6,400 for 2016/17 child care costs .. i seeked advise from the CAB and they told me that I would still have to pay back this amount , reason being that I didn't notify HMRC that my Son stopped the nursery . the 1st CAB adviser I met said HMRC should waive this repayment as my reason for not updating them ( hmrc) was definitely not my fault .. as it was due to health and I could ve applied for other benefits had I known.. my questions are

 

Although the one month mandatory reconsideration has passed and they now want to pass to Debt Agency.. Should I send them all my Son's hospital letters, My income and expenditure for that period, say I am sorry for not updating them as I had no other income to look after my children and was completely reliant on the payment .

Does HMRC have a compassionate decision for a case like this if I come 100% honest ? .. i am very confused as I do not want to shoot myself in the foot and make it all worse . This is now about the previous overpaymentlink3.gif, after all my explanation is it fair for them to still insist that I pay it back? ..... What do you advise please?

Edited by honeybee13
Paras
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The CAB's advice is terrible. The Tax Credit's own COP26 Code of practice is on the internet for all to see. For your own reference here is the extract from the COP 26 most relevant to you. I would say your circumstances fit this exactly for a cancellation. I have also included the link for you, page 15. and yes, you should offer to send them a note from a GP /consultant . For good measure do what another poster did, look up your local MP's surgery, make an appointment and explain everything.

 

If you need to discuss financial hardship with us, phone us to

explain this.

When you phone we may ask you about any family circumstances

that may lead to extra living costs. For example, if you’re looking

after someone who is chronically ill or disabled. In some exceptional

circumstances, we may cancel an overpayment altogether

 

https://www.gov.uk/government/publications/tax-credits-what-happens-if-youve-been-paid-too-much-cop26

 

Here is the link to COP 26 for your own reference

We could do with some help from you.

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Thanks for your invaluable advise! very helpful for my troubled mind ..

In the meantime .. while I write them a letter with the reference to the cop 26 .. they wrote me a letter and stated that if i didn't pay by 18th Dec 2017 , they would pass on to DCA,. Although I had also filed to the tribunal . Should I make a payment arrangement with them while they reconsider the overpayment ( not that I have the money will need to be borrowing additionally from family again ) ? as they mentioned that if it goes to the DCA then it is no more within their power?

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Nope,

 

The DCA is powerless , ignore any communication from them. Only deal with Tax Credits directly. Please , please do not start paying anyone, the DCA is a non threat!

 

Please , Please make an appointment with your MP, they all have weekly surgeries, and in your situation will be of great help.

 

There is another Tax credit thread, a month or so back where the MP stopped all action!

We could do with some help from you.

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We could do with some help from you.

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

 

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  • 4 weeks later...

Hello .. @London 1971 .. i am short of words cos i am still in tears ! Against the Cab's advise .. I wrote to hmrc, sent them all hospital letters, even my son's photos in a coma in intensive care unit.. I opened up truthfully in the letter and poured out all my situation .. in fact I was only disputing just the 2016 overpayment not 2017 .. I also quoted the Cop 26 as you suggested above ..

 

I had a call just now that ALL overpayment is cancelled considering my circumstance and they will notify the court of appeal to withdraw the case .. they said i should expect a letter in a few days ...please somebody wake me up if I am dreaming ! THANK YOU SO MUCH FOR TAKING THE TIME TO ADVISE ME .. MAY YOU ALSO FIND HELP EVERYWHERE YOU GO ...

 

Thanks for this platform..

 

I am still shaking ...

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Hi Rita.

 

I'm so pleased for you, you've done really well. :D Hopefully the shock will wear off soon, but at least they're tears of joy. I'll amend your thread title to reflect your success.

 

Well done to London1971 too. If you'd like to thank them, you can click on the star at the bottom of one of their posts and leave a short message.

 

Hugs, HB

Illegitimi non carborundum

 

 

 

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A pleasure to help. I had a £12,000 'overpayment' hanging over my head :( it was terrible.

 

I wrote to my local MP about this issue, about how it's understandable they need to recoup money but the way that they go about it is wrong and heavy handed. I also suggested that they start off with information about who can appeal with a copy of COP26 rather than scare the hell out of some vulnerable people with a scary massive demand. She was excellent and wrote to Philip Hammond's office and I received a reply from the top guy at HMRC, saying how great they were already and nothing needed to change. So don't hold your breath lol.

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

 

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Yeah .. in addition to the £6,400 I received another £7k too making a total of about £13,500 !!! all together and they did say my monthly repayments have to be £280 minimum .. in fact I can't describe how I feel .. the tight clutch in my chest is melting away! the peace is indescribable..

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I do think you really need to play it safe with any future awards. We are no longer entitled to Tax Credits but if we were I think I would be on the phone to them monthly to inform them even if nothing had changed, and also sending in writing so there was a paper trail.

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We could do with some help from you.

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

 

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