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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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I have received a county court summons over two years ago which

Customer Question

I have received a county court summons over two years ago which has been stayed by a court judge whilst the outcome of an adjudication was known. A long story but came about as a company failure and overpayment to bankruptcy trustees.
The outcome arrived last week partly finding in our favour and asking the HMRC to recalculate two years of Working family tax credit, but stating as I was bankrupt at the time they would recover it from my wife.
The claim value in court is now incorrect. The HMRC have asked for a further stay to allow them to recalculate which I have refused. - After 19th September 2013
Can I apply to have the current summons withdrawn or will it be adjusted by the court and enforced.
I do want to reach an agreement but do not want the HMRC to use the court to attach an agreement to my earnings etc - Any help/guidance as to my next step would be good.
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi this does sound complicated. Why have you refused a further stay ? What is the Is county court summons for ?
hat attempts have you made to settle ?
Customer: replied 4 years ago.

I am frustrated with the HMRC and the lack of urgency we have been in dispute for over 6 years with them over an overpayment of Working family tax credit - My husband went bankrupt and because it was in joint names and they can recover it from the insolvency service they are claiming it from me now - which the adjudicator has partially agreed. - The stay is for them to re-calculate and no doubt add a CCJ if I am unable to pay - which is not my intention but will be as a payment agreement. Summons for overpayment of working family tax credit and child tax credit in mine and my husbands name - offered a token sum 5 years ago never accepted. We intend to agree a figure moving forward with them as we have no choice or money for that matter but do not want it handling by the court - so we needed to know wether the summons value which is now incorrect, can be adjusted by the judge in its current format or could we ask for its withdrawel by the court as the content has been found to be incorrect.

Expert:  Senior Partner replied 4 years ago.
If they have brought court proceedings against you for recovery then yes the claim can be adjusted - like any other damages claim they have to prove it - but the court can award a lesser sum . I can understand your frustration. It ought not to take too long to calculate the numbers. If they have not asked for a any extensions of time, the court are likely to grant them at least one extension anyway. The only benefit so forcing them to go to court to get the extension is the court might make it a final one so their claim could be struck out if they fail to comply with the time limit. But it is unlikely first time I am afraid.

Tehy can got attachments of earning orders through the court but they have to apply for it. The court will then ask for details of your means and so on. Better as you to make an offer that you can afford even if it is only a few pounds a month.