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CMJ
New Member
96 Posts |
 Posted - 21 January 2009 : 13:06:04
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Hi all
We were declared BR in Nov 08, I asked my OR this question, he was unsure so would appreciate some advice
Can you include Tax Credits overpayments in your BR?
If so do they have to be listed on the SOA?
I did find some HMRC info but it was technical to understand I think it said if overpayments occured before BR then could be included in BR , however repayments will still be taken from current tax credits entitlement until Discharge.
I really would appraciate some advice on this matter, as once discharged don't want the HMRC to demand payment in full.
Take Care 
Michelle
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 21 January 2009 : 14:50:52
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Hi CMJ,
My understanding is that benefit overpayments are excluded from BR. Any monies owed to HMRC are included in BR as long as the debt was incurred prior to BR.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 21 January 2009 : 15:02:18
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CMJ
I was actually billed for me by HMRC and that was included as it was an OLD claim, not sure how you get on if your still paying it from your current claim though.
Jo
x
Needafriend says:
Just always remember one thing, Your not alone, your not the first and you wont be the last.
24 Weeks down
 Yippeee!
28 to go
 Im getting there!
For more info on how i have come through bankruptcy and for links to help with filling out the forms, I&E, Car Valuations, etc, etc, you can read my blog here called:~ Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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CMJ
New Member
96 Posts |
Posted - 21 January 2009 : 15:04:18
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Thanks for your reply Julian,
So you don't think we can include the overpayment?
Also this morning I have just recieved a change in tax code, I take it from April my tax code will return to normal?
Thankyou
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CMJ
New Member
96 Posts |
Posted - 21 January 2009 : 15:09:27
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Jo
The overpayments they claim we have are from 2 years ago, so maybe they could be included?
Michelle x
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Jane.l
Average Member
511 Posts |
Posted - 21 January 2009 : 15:25:54
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I'll just tell you all what happened to me with the Tax Credits, it may help, although it is a confusing area!
At the time we went bankrupt we were not getting any tax credits but we were paying back an overpayment from previous years at an arrangement of £50 per month. I asked the OR if I had to carry on paying that and he said he did not know , so I paid it for a couple of months and then read on another forum that it should have been written off in the bankruptcy so I rang the Tax Credits and they told me that, yes, I could stop the payments, which I did. A few months later, I noticed the sneaky so and sos had reinstated the direct debit, when they should not have, so I cancelled it with my bank and got the money refunded. I have been discharged for nearly a year now and have not heard anything from the Tax Credit people.
I think if you are receiving tax credits now, any overpayment cannot be written off in bankruptcy but if it is an old debt and an arrangement is in place before bankruptcy, then it is written off. I think this is correct, it is what I have read anyway |
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CMJ
New Member
96 Posts |
Posted - 21 January 2009 : 15:29:14
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its such a confusing area , we were informed about the time we went BR that as we had an overpayment , our credits would stop until April 09 and the amount owing used to help clear overpayments, so I am being a bit thick but could I include them or not? My OR not much help don't think he understands the TC sysrem.
Michelle
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Jane.l
Average Member
511 Posts |
Posted - 21 January 2009 : 16:08:38
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| I think your best bet is to ring the Tax Credits and ask for their bankruptcy department and they will tell you what to do. |
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CMJ
New Member
96 Posts |
Posted - 21 January 2009 : 18:45:06
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Hi
I have just rang tax credits and basically any overpayment occured before or during the year you are declared BR, can be included. They tell you to send in the discharge certificate so hopefully this will work.
Take Care
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 21 January 2009 : 20:29:05
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I hope they are included as i wrote them on my soa and have not heard anything since.
I was not getting wtc as i was paying back previous years, however i was still getting ctc and even paying that back from previous years.
It may be worth me phoning them tomorrow to confirm what happens next
Jenny
xx
Onwards and Upwards is the way im going :-0)
From "Moneyworries" to "Movin On" in 3 months is fantastic :-))
xx |
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tax credits overpayments
