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Tax Credtit Over Payment


dw190
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Following a review of the matter the revenue concluded by letter the overpayment must be repaid.

 

A letter dated 10 November was received on the 16 November (Second Class) demanding payment by the 17 November. It also said "You should alow 4 days for your payment to reach us". A cheque was sent on the 17 November to the address given on the letter with the payment slip attached.

 

Now received County Court Claim issued on the 22 November for the amount of the overpayment plus the issue fee.

 

The claimant on the claim for is the name of an individual followed by Officer of Revenue & Customs. Within the forms there is a part which says "Pay the amount admitted to the person named at the address for payment". "Inland Revenvue County Court" is in the address for payment box.

 

The advised address for payment was not the same as the Claimants address.

 

I would like others views on the following:

 

Is it reasonable for payment to be demanded seven days after the issue of the letter before action which is only sent second class post and you are required to allow four days for it to reach them?

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Unfortunately, I think with these overpayments of tax credits, the payment is theirs and they can demand repayment of excess at any time, as it isn't yours. The current state of play is that if you receive more than you should, they rely on honesty for people to contact them, although I think some £2m was written off a couple of years ago due to the vast number of overpayments which happened.

 

In all fairness, if you cannot afford to repay the sum in one go and you do go to court, the judge will probably order a reasonable payment scheme.

 

However, I note that you have paid and so they will cancel the case as they have received funds and they have no claim. If they do not, then you should go to the court and smile at their incompetance but remember to take proof of payment!

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Unfortunately, I think with these overpayments of tax credits, the payment is theirs and they can demand repayment of excess at any time, as it isn't yours. The current state of play is that if you receive more than you should, they rely on honesty for people to contact them, although I think some £2m was written off a couple of years ago due to the vast number of overpayments which happened.

 

In all fairness, if you cannot afford to repay the sum in one go and you do go to court, the judge will probably order a reasonable payment scheme.

 

However, I note that you have paid and so they will cancel the case as they have received funds and they have no claim. If they do not, then you should go to the court and smile at their incompetance but remember to take proof of payment!

 

Thanks for the reply.

 

I can confirm that payment has been made and shows as debit on Bank Statement as 23 November. This to me would mean that they were in possession of the cheque before the 22 November (Issue Date on CC claim).

 

The only matter is that their Court Fee was not paid. That's why I asked the question of reasonableness.

 

If they continue to pursue the Court Fee. I feel that they must have received payment before the issue date of the 22nd for my bank account to be debited on the 23rd.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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