ez8004 Posted August 19, 2016 Share Posted August 19, 2016 Don't pay the HMRC back. I want to sit back and laugh how you get fined and have to pay many times over. Link to comment Share on other sites More sharing options...
Cyclone Posted August 19, 2016 Share Posted August 19, 2016 I'll take my chances. I'm not paying for their mistake! They can't have what I haven't got. You realise that they can just stop any future payment to you, probably up to and including child benefit... But in reality they WILL just take you to court, and you will lose. So how does that help you? ---------- Post added 19-08-2016 at 19:54 ---------- Sticking your fingers in your ears and going na na na na na won't look good in court. If as you say it's their fault then with a sound mind and argument you could get off the overpayment. If however you behave like an immature child then it's not going to look good to a decision-maker. Even if it is their fault (which it probably is) you can't get out of repaying it. An overpayment doesn't somehow entitle you to keep it. Link to comment Share on other sites More sharing options...
mafya Posted August 19, 2016 Share Posted August 19, 2016 Have a read of this= http://www.advicenow.org.uk/guides/how-deal-tax-credit-overpayment Link to comment Share on other sites More sharing options...
Bob Arctor Posted August 19, 2016 Share Posted August 19, 2016 They can't get blood out of a stone! I've written to them telling them they're going to have to take us to court because if we don't have it they can't take it! If you don't pay them you will have to pay a fine. If you don't pay court fines it will be passed to bailiffs who will have the power to force entry to your home and take your stuff. Link to comment Share on other sites More sharing options...
LeMaquis Posted August 19, 2016 Share Posted August 19, 2016 Even if it is their fault (which it probably is) you can't get out of repaying it. An overpayment doesn't somehow entitle you to keep it. This is from CPAG in 2014; "In tax credits, the basic rule is that all overpayments are recoverable (ie, however caused), and the claimant is reliant on Her Majesty’s Revenue and Customs (HMRC) to reduce or wipe out the overpayment where it was caused by official error. Official guidance on recovery is contained in a Code of Practice. Official error is at least contemplated as a reason for not recovering all or part of an overpayment." http://www.cpag.org.uk/content/overpayments-and-official-error It goes into more detail. I'm assuming the rules haven't changed. Link to comment Share on other sites More sharing options...
Cyclone Posted August 19, 2016 Share Posted August 19, 2016 They'll contemplate it. How nice of them. But legally it's recoverable. Link to comment Share on other sites More sharing options...
*_ash_* Posted August 19, 2016 Share Posted August 19, 2016 Has anyone had an overpayment of tax credits? Have you had to pay it back or refused to pay it? Has anyone gone to court with this and what was the outcome? Thanks Judging by your next 2 responses to the only replies so far, it looks like you've already made your mind up. They can't get blood out of a stone! I've written to them telling them they're going to have to take us to court because if we don't have it they can't take it! I'll take my chances. I'm not paying for their mistake! They can't have what I haven't got. But just on this bold bit: You could post your disgust on social media for example and you could get hundreds of 'likes', and that'll probably inspire you to go on. However, I don't think this is the wisest decision. Whoever the mistake was made by, by accepting the money, you'll have had to agree to their guidelines - which I imagine are huge! HMRC won't lose a court battle like this and it most probably will show up for life on the 'national database' that tracks all our financial issues. (this all depends on how much were talking about of course) There is an option on the list that says you can offer £10/month to pay it off, over a period longer than 1 year. Go for that. Link to comment Share on other sites More sharing options...
Dardandec Posted August 19, 2016 Share Posted August 19, 2016 I'm not paying for their mistake! You're not paying for anything, you were given too much in the first place and are only paying that over payment back. Get a grip of yourself and stop feeling like you have a sense of entitlement for everything. You have been given some good advise on this thread, and I would wind my neck in and take that advise. Link to comment Share on other sites More sharing options...
davyboy Posted August 20, 2016 Share Posted August 20, 2016 Seen t.v. programmes were fines have esculated from a few pounds to a thousand plus // Get it paid dont be stupid :loopy: When I was an adviser a client came in for advice as the bailiffs were about to visit her (at 11:30am that day, it was now 11:00am) She had ignored a fine of £30 and it had escalated (with costs) to £1200 Link to comment Share on other sites More sharing options...
cherriepie Posted August 20, 2016 Author Share Posted August 20, 2016 Have a read of this= http://www.advicenow.org.uk/guides/how-deal-tax-credit-overpayment Thanks for this Link to comment Share on other sites More sharing options...
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