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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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Received a letter re Tax credit overpayment from 2010-14 - sar had no data! *** Written Off***


shieldblaster

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Hi

I'm hoping someone can give me some advice re. the above.

I received a letter a few weeks ago saying that I had been overpaid a total of just over £4000 in tax credits.  I did reply asking for proof of these overpayments and a SAR

All I've received so far is a reply to my letter  just stating the amounts owed and to ring them to organise repayment, and from the SAR I received a single page letter with 6 phone calls that were made back then.

My questions are why have they left it so long to pursue this? And do they not have to provide any proof at all as any records I had have long gone? I would be astounded if thats the case because they could go after any tom,dick or harry for whatever they want!

Many thanks in advance 👍

Edited by shieldblaster
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  • dx100uk changed the title to Received a Tax credit overpayment from 2010-14

then thats not a compliant sar return.

some old phonecalls are not proof you owe anything.

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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let it run.

see what they do.

plenty of like threads here to read

 

dx

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Received a letter re Tax credit overpayment from 2010-14 - sar had no data!

I've received another letter from HMRC repeating what they stated in the previous one.

I've replied stating that I dont consider one sheet of paper with 6 recorded phone calls on it proof or evidence that I owe this money so just knocked it back in their court. 

I have said that I'll be making a formal complaint so as to start the process of getting an adjudicator involved if needed. 

I'll update this thread as and when so that it might help someone else dealing with this people.

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there is a well documented period whereby HMRC farmed out debt collection and the only notes are from these 'scam' telephone calls by a DCA to supposed debtors.

there is rarely any data to prove what the dca was claiming.

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

this is still ongoing.

A few weeks ago I received a full SAR response which included all letters, notices etc.

I've searched through them and cant find any copies of notices of overpayment which I'm lead to believe that they are supposed to provide within one month of the claim closing.

I've also raised a first tier complaint pointing this out but all I got back was yet another letter stating the amounts I allegedly owe blah blah blah.

I've now (hopefully) raised a tier 2 complaint asking them once again for evidence of these overpayments, not just their belief that I do, and hopefully get to put my case in front of an independent adjudicator.

All I want is evidence of these overpayments, not just their say so 😕

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GOOD WORK!!

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 6 months later...

open

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Posted (edited)

I thought I'd open this thread again to let others in a similar situation know what has happened since my tier 2 complaint.

I received an email today from an independent adjudicator. I've included the most relevant responses and, as you can see, I was successful in my complaint 👍

"It is clear there were unacceptable delays in us contacting you about your overpayments
and replying to your complaint. This poor service led to unnecessary worry and distress. I am sorry for this and to apologise for the concern caused"

"On 12 February 2024 the tax credit system automatically written off all of your outstanding tax credit overpayments"

Hopefully this will help inspire others to keep going and fight your case. 😊

 

Edited by shieldblaster
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  • dx100uk changed the title to Received a letter re Tax credit overpayment from 2010-14 - sar had no data! **WON**

**Topic title updated**

we are free

we dont get paid

but try telling that to our server hosts or isp providers...

donate if you can = thanks

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • AndyOrch changed the title to Received a letter re Tax credit overpayment from 2010-14 - sar had no data! *** Written Off***

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