Wife and I bankrupt June 19. HMRC taken recalculated award against debt ?

[Will Goodfellow]

Looking at this again, I don't know why I suggested contacting the DWP for a tax credit overpayment. I blame tiredness.

 

You need to submit a mandatory reconsideration to HMRC as soon as possible. You can fill it out online if you have a gateway account or print off the form here:

 

https://www.gov.uk/government/publications/child-tax-credit-and-working-tax-credit-appeal-form

 

Don't wait while HMRC drags its feet. If the mandatory reconsideration does not overturn the decision, you can then appeal. Post back here for assistance if you need to.

Edited September 25, 2019 by Will Goodfellow

[2ltr16valve]

2 minutes ago, Will Goodfellow said:

Looking at this again, I don't know why I suggested contacting the DWP for a tax credit overpayment. I blame tiredness.

 

You need to submit a mandatory reconsideration to HMRC as soon as possible. You can fill it out online if you have a gateway account or print off the form here:

 

https://www.gov.uk/government/publications/child-tax-credit-and-working-tax-credit-appeal-form

 

Don't wait while HMRC drags its feet. If the mandatory reconsideration does not overturn the decision, you can then appeal. Post back here for assistance if you need to.

that’s all already been done. Formal complaint on 3/9 on phone which was escalated on 04/09 by hmrc due to seriousness of it. 
MR submitted online also on 04/09 and written letter sent and received by hmrc on 10/09. 
 

still nothing ...... 

[Will Goodfellow]

That's not surprising. You could chase it up but I'd be surprised if you receive a reply within a month.

Edited September 25, 2019 by Will Goodfellow

[2ltr16valve]

16 hours ago, Will Goodfellow said:

That's not surprising. You could chase it up but I'd be surprised if you receive a reply within a month.

 

just had a phone call from TC, they have agreed I was right and they should not have taken any payments and that they made multiple errors. 
they are now trying to work out how to pay the money back without the system throwing up more overpayments or sending recovery to UC. 
they are also going to pay redress and compensation. 
The man is hoping to have a final answer and figure on what they are paying next week. 

[brassnecked]

Hope UC don't class it all as income and nil your UC.   that is why they are looking how to pay you without the system snatching it back Unclebulgaria will know more about that side.

[2ltr16valve]

2 hours ago, brassnecked said:

Hope UC don't class it all as income and nil your UC.   that is why they are looking how to pay you without the system snatching it back Unclebulgaria will know more about that side.

I did raise this with TC, as I can see this exact scenario happening. TC will be sending me a letter stating it’s owed money from June-July before UC was in payment so has nil effect. 
 

TC are looking more at a manual payment too as that system doesn’t talk to the UC system. 

[unclebulgaria67]

HMRC just need to cancel the debt amount with DWP Debt management, which should then stop it being deducted from UC statement.

 

If HMRC failed to stop UC deduction, it would appear on your UC statement as  a deduction towards tax credit overpayment. I think the percentage deduction is about 20% of the standard UC allowance.  If this happens, there is no point phoning UC or DWP Debt management. Call HMRC and ask them to resolve this with DWP Debt Management, who should then refund the amount.

[2ltr16valve]

18 hours ago, unclebulgaria67 said:

HMRC just need to cancel the debt amount with DWP Debt management, which should then stop it being deducted from UC statement.

 

If HMRC failed to stop UC deduction, it would appear on your UC statement as  a deduction towards tax credit overpayment. I think the percentage deduction is about 20% of the standard UC allowance.  If this happens, there is no point phoning UC or DWP Debt management. Call HMRC and ask them to resolve this with DWP Debt Management, who should then refund the amount.

hi uncle bulgaria. 
 

I think you might have misunderstood what’s happened. luckily nothing has been deducted From UC as I got to debt management first and they zeroed the amount for 12 weeks. 
TC inform me that they have ‘recalled the debt’ and I have received a letter from them stating I owe nothing now. 
 

what TC are trying to work out is how to pay me the money they offset against the overpayment that was showing on their system that shouldn’t have been there. As I have moved over to UC this is more difficult as it could cause the TC system to throw a tantrum in x amount of months/years which will again go straight to UC for recovery. 
 

[unclebulgaria67]

No doubt HMRC will have a process, as your situation is very unlikely to be unique.  So HMRC will need to use the process they have.  It might be an offline manual payment and an IT fix to correct your record.

[2ltr16valve]

Well well we’ll. just got a letter .... they have only gone and sent another £766.87 EACH for my wife and I as DEBT to universal credit for the award period ending 04/2018 !! 
 

couldn’t make this up honestly!

[2ltr16valve]

On 28/09/2019 at 09:46, unclebulgaria67 said:

No doubt HMRC will have a process, as your situation is very unlikely to be unique.  So HMRC will need to use the process they have.  It might be an offline manual payment and an IT fix to correct your record.

apparently not speaking to them, had we still been in receipt of TC and not moved to UC they could have dealt with it easier but they have nothing in place for this set of events as should never have happened... as there are numerous processes in place to prevent it.