Advantis and HMRC overpayment

[Darey]

Need a bit of advice,

2013/2014 HMRC said they overpaid working tax credits by £5500.

 

My wife was claiming DLA,

we didn't receive a payment but they paid her NI contributions as I earned too much,

 

 

the previous years claims where fine apparently

but nothing had changed in the claim just maybe my wage might have increased slightly.

 

Long story short we tried to go through the dispute path but missed out by being over the 30 days mainly due to me having heart surgery in-between all this.

 

We haven't heard anything regarding the debt just on the renewal pack saying we had a debt and it would be taken out of any working tax payments but we don't receive any payments so it hasn't been dropping.

 

Got a letter from Advantis wanting full payment or a payment agreement setting up,

I don't mind paying what we owe even though we have issues with HMRC in all this.

 

How is the best way to deal with this I am limited on how much I can pay as just before my heart surgery

we got married and took a loan out and as I was off work for 4 months racked up a big credit card bill just getting by.

[Bazooka Boo]

IGNORE advantis, you NEVER EVER deal with a tin pot third party DCA regarding a Govt debt.

 

Get onto HMRC, and deal with them direct, if they want the money then they will deal with you and ask for it direct.

 

Keep everything in writing, UNLESS you are able to record your calls?

[Darey]

I can ignore them no problem

How do you go about dealing with HMRC, they are more than difficult on the phone

 

I have read through a few threads on HMRC and dealing with them and sending a SAR seems to come up often. Is this the best course of action and keep everything in writing?

 

TBH I don't mind repaying but for the next 3 years it would only be a token payment until the debt I have is gone.

[London1971]

Hi, yes SAR is the first course of action.

 

Take 1 hour of your time, no distractions.

 

Go to the tax credit casualties web site they are the ones to follow when it comes to the procedure.

 

Then go online and read the Tax Credit Office own code of practice. Google COP 26.

 

From your point of view it's an SAR, that will get them off your back for a while. Also you need to fill in a TC846 appeal form from Gov.uk. Part of your appeal should be your medical condition.

 

Get Letter from your GP or consultant, listing all your medications and problems / side effects etc.

Your doctor / consultant will write a letter telling them to back the hell off, send that in.

For christ's sake they are hassling you with a heart condition, they should be ashamed of themselves.

 

I got them to stuff their £12k overpayment up where the sun doesn't shine, so if you have anymore questions please ask.

[Darey]

Wow!!!

 

I will sit down this weekend and check the website out.

It's good to hear of your success and will take your advise and see what happens.

 

It's a big worry when you are working to pay off debt and are just getting by and then you get hit with more debt.

 

Can they take my condition into account?

I had a heart valve replacement and don't have any daily issues really just daily medication and get by ok but I will go and see my GP and see if they can help.

Many thanks

[dx100uk]

goto the HMRC website

fill out the free SAR there.

 

 

don't ever converse on the phone regarding this

everything in writing only

put the phone down.

 

 

A DCA is NOT A BAILIFF...Ignore!!

[London1971]

Yep in this, the DCA are an irrelevance, you should be dealing with HMRC.

 

Some things I learnt along the way.

 

1. They have absolutely no right to take anything more than you can afford per month off you! Even though most of the front line staff are so badly trained, and so sick of being shouted at they will not tell you that. (look at tax credit casualties, what do to as a last resort if your appeal fails).

 

2. Absolutely, your medical condition plays a huge part in this ! They are quite simply not allowed to be harassing you like this in your situation. In fact I would consider writing separately to your appeal enclosing a copy of your doctors letter explaining the severity of your condition and how dangerous it is that they are putting you under stress like this.

 

3. If they attempt to harass you during the SAR process or appeal, it's actually a criminal offence.

[Darey]

Well I have had a phone call at work from the DCA, I have told them to take my work number off there records and let them know we have requested a SAR with HMRC and he left it at that.

 

I am waiting for my appointment with my GP to send off an appeal, is there any sort of timeframe for an appeal as it has been a few years now and if we had known we would have done it earlier but it is what it is.

[Bazooka Boo]

You MUST report Advantis for ringing you at work, complain to the FCA.

[dx100uk]

And the HMRC too

They are responsible for the powerless dogs they employ

Very strongly worded one too!!

 

State it almost lost your job

And you want compo

Did HMRC give them explicit orders to do that

[London1971]

The first stage of the appeal is sending off an SAR.

 

Once HMRC have received this all calls from HMRC /DCA might stop.

Edited October 6, 2017 by dx100uk
Incorrect info removed - dx

[dx100uk]

Sending off an sar does not give you any protection nor right to any criminal act claim

 

Dx

[dx100uk]

That site is a load of twaddle

Please dont use it

 

Nor their stupid letters

 

Dx

[London1971]

The letters !Twaddle? Maybe, maybe not, .

 

What is definitely twaddle is the size of the monthly instalments the DCA will ask for.

 

What is Also Twaddle is that HMRC or their minions is allowed under any code of practice to harass a man with a serious heart condition

[dx100uk]

the letters are twaddle

dx

[London1971]

OK, Agreed about the letters but !

 

To the OP make sure your GP lists the medications that you are on also, and potential side effects !

 

It would be very helpful if your doctor could say that the stress of being hounded by debt collectors could be very damaging . I know it sounds kind of obvious for a heart condition but you really have to spell it out for HMRC.

 

In our case unfortunately my wife's medication for her chronic condition caused severe depression as a side effect that had to be countered with Anti Depressants. This was a big part of getting them off our back.

[Bazooka Boo]

Hmm, pros and cons.

 

I am of the opinion that DCA's have absolutely NO right to have any knowledge of what medication a debtor is on, the simple fact is, that harassment is a criminal offence, the ramifications of DCA's and their methods of chasing down alleged debtors, is well known, and is well documented, as is their lack of wanting to change, you only have to read of the late Beryl Brazier case to know exactly where these outfits sit in this world.

 

Unscrupulous morally bankrupt bullies.

[London1971]

Correct Bazooka Boo. The DCA is irrelevant here. However HMRC, must acknowledge all of this!