akinika debt recovery for tax credit overpayment

[mohmmad786]

Hello Everyone, I was wondering if you could help me. I am in dispute with tax credit over an overpayment of £2271. There is another thread about that which can explain the whole story.

http://www.legalbeagles.info/forums/...it-Overpayment

Now i had an appointment with CAB on the 12/08/2014 regarding the tax credit overpayment. The person dealing with my claim suggested that i should start paying something towards it as I received a letter from the tax credit about unless i pay or call them, they would pass the debt to debt collection agency. So on the 15/08/2014 i called that number 0300 and spoke to a guy and said that i am wanting to pay £5 towards it as i am in the process of disputing but as i dont want the debt collection agency involved i will make small payments every month to stop the private debt collection agency getting involved. I made a payment of £5 to them and got a reference number. He even said that someone will call me to look at my financial circumstances but no one ever did.

Yesterday i received a letter from akinika debt recovery asking for the full payment. I did not ring them. Today i called tax credit(0300 number debt management) and offered to pay £5 and said that i made a payment last month just to stop the this debt collection agency getting involved and was told that they passed the debt on the 10th of july and he cannot accept any payments and i have to deal with akinika. I dont want to deal with them or anyone. I am still waiting for the Subject access request details from tax credits. The CAB is dealing with the case as well and in the mean time i only wanting to pay tax credit directly.

Is there anything i can do? Thanks.

[Kati]

Re: akinika debt recovery for tax credit overpayment

You could try writing to both the CTC office and Akinika stating that you are currently in the process of appealing the debt, and requesting the enforcement action is put on hold while the appeal is being dealt with??

Send all letters recorded/signed for (costs less than £2)

By post to: akinika Debt Recovery Ltd, PO Box 82, 33 Winckley Square, Preston, PR1 3EL, (or email:enquiries@akinika.co.uk)

HM Revenue and Customs - Tax Credit Office, Preston, PR1 4AT

Kati x

[mohmmad786]

Re: akinika debt recovery for tax credit overpayment

Thanks Kati for the reply. I spoke to them before and asked them to put it on hold and according to them they have fulfilled all there legal obligations so this would go ahead. I can write to akinika asking for them to send the debt back as the this overpayment is under my Mrs name and she is on DLA. We have got a letter from the doctors and gave it to CAB for her health issues(specially mental health) and i got a son who is autistic as well so i am taking we fall into vulnerable category as well. I found a letter from the internet in a link by the other poster and found this template, should i use this to write to debt collection agency?

Date ............



NI Number:
Your Reference:




Dear Sir /Madam,


Regarding recent demands for repayment of debt you claim to be collecting on HMRC's behalf.


HMRC appear to have misinformed you that collection is currently appropriate. However I must inform you that I am currently disputing this alleged debt. A process I have full legal rights to exercise.


Should you continue to make demands and threats I will make a police complaint against each named employee and your employer, under :


Section 40 of the Administration of Justice Act 1970, and
Section 1 of the Protection from Harassment Act 1997
Article 6 of the Human Rights Act: Right to a Fair Trial.




Yours sincerely,

Thanks.

[Kati]

Re: akinika debt recovery for tax credit overpayment

That's not a bad letter [MENTION=31210]mohmmad786[/MENTION] :tinysmile_grin_t: - If you post the letter, I would suggest you send it recorded/signed for (costs less than £2 and means you have proof of postage and receipt)

Kati x

[des8]

Re: akinika debt recovery for tax credit overpayment

I don't understand why you rang them.
We advised you earlier not to ring, only deal with these people in writing.
The reason is that on the phone they will say things which are not necessarily correct, and you cannot prove it.

Can you advise if you are "appealing" the decision , or "disputing" it.
If it is being appealed to the Tribunal, they should stop collection.
If you are disputing it they will continue collection activity.

What date was the letter from HMRC which said " unless i pay or call them, they would pass the debt to debt collection agency"
If they passed the matter to DCA (which was 10/07) before they wrote to you I don't believe they have followed the code of practice
Their process for collecting overpayments are detailed in the this link: http://www.revenuebenefits.org.uk/ta...ing-with-debt/
It seems they may not have followed their own guidelines (although I am afraid your posts don't give an accurate and full account of what has happened)

PS also mention in your letter about the vulnerability of your household

[mohmmad786]

Re: akinika debt recovery for tax credit overpayment

That's not a bad letter @mohmmad786 :tinysmile_grin_t: - If you post the letter, I would suggest you send it recorded/signed for (costs less than £2 and means you have proof of postage and receipt)

Kati x

Thanks [MENTION=49370]Kati[/MENTION], I will fill the details and send the letter to akinika recorded delivery tomorrow.

I don't understand why you rang them.
We advised you earlier not to ring, only deal with these people in writing.
The reason is that on the phone they will say things which are not necessarily correct, and you cannot prove it.

Can you advise if you are "appealing" the decision , or "disputing" it.
If it is being appealed to the Tribunal, they should stop collection.
If you are disputing it they will continue collection activity.

What date was the letter from HMRC which said " unless i pay or call them, they would pass the debt to debt collection agency"
If they passed the matter to DCA (which was 10/07) before they wrote to you I don't believe they have followed the code of practice
Their process for collecting overpayments are detailed in the this link: http://www.revenuebenefits.org.uk/ta...ing-with-debt/
It seems they may not have followed their own guidelines (although I am afraid your posts don't give an accurate and full account of what has happened)

PS also mention in your letter about the vulnerability of your household

des8, I did not wanted to speak to them but only called so i could pay the money which i thought would stop anyone involving. But it seems like they are hell bent on lying through there teeth. I looked at the last letter from tax credits and actually the date on the letter is 10th of july so that guy on the phone was telling lies. I would try and see if i can pay through the automated system tomorrow. I havent taken it to tribunal as i involved CAB and they are writing to tax credit on the basis of vulnerability as i got a letter form the doctor which says that all this can make the medical condition worst for my wife. The person in CAB said that if they say no than we would go towards hardship next.

Do you guys think its worth taking it to tribunal? Ohh and i do wanna send a letter to tax credit but right now i am not sure as too many things are happening and i am having to give alot of time to my autistic son so if anyone could direct me towards a link to a letter which i could send or could help me with a letter.

Thanks alot for everything you are doing.

[des8]

Re: akinika debt recovery for tax credit overpayment

I'm still not sure whether you are appealing or disputing this overpayment.

However, it is unfair to write to you on 10th July saying that unless you pay or call they will pass the matter to a DCA, and on the same day actually pass it to a DCA.
I would suggest you write (send signed for, marked urgent) to the Tax Credit Office complaining at the way you have been treated.
When you complain, include:

• your National Insurance number
• your full name, address
• details of what happened and when
• mention your are a vulnerable household
• how you’d like your complaint settled (debt recalled from DCA whilst dispute/appeal continues)
• that you require a written response within10 working days
• the word ‘Complaint’ at the top of your letter

Warn them that: If you don’t agree with the response, or don't receive it within the time limits

You will ask the Tax Credit Office to review their response and send you a final decision.
If you’re unhappy with the final decision, you will contact the Independent Adjudicator.

[mohmmad786]

Re: akinika debt recovery for tax credit overpayment

I am appealing it.

[des8]

Re: akinika debt recovery for tax credit overpayment

If you are appealing the alleged overpayment, the advice given you by the tax office (post 6 in your earlier thread) is false if she told you your only option was to approach a professional body like an MP. In fact your next step , if you want to follow through, is an appeal to The Social Entitlement Chamber of the first Tier Tribunal. This advice is in breach of their code of practice.
Whether or not it is worth taking this step is up to you. You have to take into account any stress it might cause you and your family, but if you don't try it you'll never know.
Have you asked CAB about this option?
There are time limits for appealing.
As you seem to have received a final decision from HMRC and have not yet put in an appeal to the tribunal, as far as HMRC are concerned you are not appealing their decision, but are disputing it.


As CAB are now disputing the case for you I would suggest you ask them to write on your behalf with the complaint to HMRC's complaints dept.
At the same time they could insist that the DCA are withdrawn, and collection procedures put on hold as HMRC are probably in breach of anti-harrassment laws chasing a disputed debt..
HMRC will deny this, but the chances are they will stop the collection process.

[mohmmad786]

Re: akinika debt recovery for tax credit overpayment

I have got both the letters ready and put them in my email as i was thinking about going to the internet cafe to get the print out but i will send them emails to CAB.
CAB didnt mention anything about the tribunal nor did the tax credits. I was adviced that its best if we ask the tax credit to drop the money or atleast lower it because of her medical condition and if that doesnt work that than he can write about the limited income. Have i still got the option of taking it to the tribunal?

[des8]

Re: akinika debt recovery for tax credit overpayment

Have replied to your PM.
You can take it to tribunal on appeal (as long as your within time limits) at the same time as you dispute it and use all possible arguments to reduce or remove the "debt".

[andyguttercat]

Re: akinika debt recovery for tax credit overpayment

Thanks Kati for the reply. I spoke to them before and asked them to put it on hold and according to them they have fulfilled all there legal obligations so this would go ahead. I can write to akinika asking for them to send the debt back as the this overpayment is under my Mrs name and she is on DLA. We have got a letter from the doctors and gave it to CAB for her health issues(specially mental health) and i got a son who is autistic as well so i am taking we fall into vulnerable category as well. I found a letter from the internet in a link by the other poster and found this template, should i use this to write to debt collection agency?




Thanks.

Hi, I sent this exact same letter to the debt company and got another letter back from them still asking me to pay. They even suggested I begin paying even though no fault has been admitted and then I could claim back at a later date.
Not sure how to reply now as I have already written to the HMRC on two occasions, one of which was within the time frame of 30 days that they had said they would hand on the debt to the debt collectors. Any help would be great

[des8]

Re: akinika debt recovery for tax credit overpayment

Is this an alleged tax credit overpayment?
Do you agree there was an overpayment?
If so do you agree the amount?
If not are you disputing the overpayment?
or appealing it to the tribunal?

[andyguttercat]

Re: akinika debt recovery for tax credit overpayment

I have replied on my new Topic. Thanks for replying.