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Needafriend
Junior Member
United Kingdom
344 Posts |
 Posted - 31 August 2008 : 11:24:45
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Hi all
Im after some general advice really. I will explain then wait for any responses.
In May 08 my hubby left me only for about a week but in that time i contacted the tax credits people and explained and the claim became a single persons claim as i was offered my old job back and hubby at that time made it clear he would not be coming back.
After the week we talked and he came back so i called the Tax credits people and explained that we were back together and could they put his name back onto the claim, they said NO as it would have to be cancelled and a new claim restarted. Fine i thought no problem.
In our old claim we were paying back overpayment which came out of the monies we were getting and thought nothing of it, the new claim form came we filled it out and sent it back, a few days later a bill came from the IR for the overpayment saying we must pay it all back or make arranagments to pay it back. I called them and askedd if it could be added to the new claim and they said NO as it was under the old one and now we must pay it.
We agreed a repayment provisionally with them and had started to pay it back then we went BR, now the OR has said that it included in the tax credits and we pay it back that way, but we dont, we were billed and all bills and letters about the agreed payments i sent to her.
She confused me as i thought that because it was a bill before BR and its not included in the payments we have per week that it should be written off. Now im not so sure.
Should i still pay the IR as like i have said i had bills and an agreement reached.
As i said both the IR and the Tax credits people said it is not included in the new claim and can not be included as the old one was cancelled.
Where do i stand and what should i do. My OR did not really know what she was doing and that has not given me great comfort.
Any advice please.
Jo
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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John
New Member
United Kingdom
73 Posts |
Posted - 31 August 2008 : 12:04:23
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Hi Jo
in your case the overpayment was being recovered by a reduction of ongoing tax credit payments. When this is the case you will continue to pay in the same way until your discharge from BR at which point the remainder of the overpayment made prior to BR will be written off.
That's the good news.
The bad news is that if the agreement for the return of overpayments was scheduled to last up to, or beyond, what will be your discharge date, then you are unlikely to be offered early discharge as HMRC will object.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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John
New Member
United Kingdom
73 Posts |
Posted - 31 August 2008 : 12:09:35
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Hi Jo
I should have said that if you are no longer, in your new arrangement, paying back by ongoing reduced payments but rather, by collection as you have no ongoing payments, the amount owed will be "proveable" and as such the HMRC treated as any other creditor.
That is, to continue payments is the same as preferential treatment.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 August 2008 : 13:14:10
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Hi John,
But the overpayments have been billed to me and the arrangement was made before BR. I would have thought that seeing as it was a bill before BR had been declared that it would have been included.
I understand that if it was being taken from our exsiting claim then it would not be included but it is not, its a seperate bill.
So what your saying is that i still have to pay it in that case we def have no DI as that is now an extra bill.
Am i right.
Jo
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 August 2008 : 13:16:45
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Sorry one more thing i do have aa new claim and its not included in that as it was from an old claim.
Like i said they would not add it on and so the actual bill was sent, i am meant to be paying this to them over 2 years as agreed in May, we went BR in August.
It is not included in my new claim, at all.
Now im really confused, its a creditor, that have billed me seperatley for the overpayments.
JO
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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John
New Member
United Kingdom
73 Posts |
Posted - 31 August 2008 : 16:35:30
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Hi
as it's been billed seperately from your new claim it should be treated the same as all other creditors.
You should no longer pay and it should be written off in BR or contributed to pro rata via any IPA.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 August 2008 : 17:49:20
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Thank you John,
That is what I thought, but my OR is not quite with it, BLESS.
Anyhow thanks again
JO
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 August 2008 : 17:50:50
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Oh John
When you say Contributed to a pro rata payment you mean as all the other creditors will be if we end up in an IPA or will make me pay an IPA even if i dont have enought DI to go towards one.
Thanks
JO
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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John
New Member
United Kingdom
73 Posts |
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Needafriend
Junior Member
United Kingdom
344 Posts |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 September 2008 : 12:06:14
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Great advice as always John.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
Edited by - JulianDonnelly on 02 September 2008 12:06:32 |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 09 September 2008 : 10:22:07
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Thank you very much you 2 you both deserve a big BEER!
As always your advice is invaluable and I know I would be lost without it.
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my updated Needafriend's New Life- A Debt Free One! blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Advice needed- The OR & The IR
