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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being asked to pay back Family credit which I am disputing.

Resolved Question:

I am being asked to pay back Family credit which I am disputing. I am paying £5 per month until I get an answer from HMRC but the debt collectors have just sent a final demand to either pay the full amount or send in my financial details and pay more per month. The debt is just over £800. I want the appeal to be resolved. Can you tell me where I stand legally please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please let me know when was the decision date and have you appealed it?

Customer: Alex
Customer: the decision date was 10/09/14 and we appealed it on the 18/09/14 by writing a letter but then filled in the online form on 10/11/14. The first letter from the debt collector was dated 2/12/14
Alex Watts :

Ok - has it been to an appeal yet?

Customer: No I have never heard anything from HMRC
Alex Watts :

Ok - you need to ask the status of the appeal.

Alex Watts :

They should not be taking any action on enforcement until the appeal has been heard.

Alex Watts :

Maybe you should write and make it clear that you want to formally appeal

Alex Watts :

It will then be heard before an independent Tribunal who will decide whether you are entitled to the family credit.

Alex Watts :

Once the decision has been made you will know where you stand.

Alex Watts :

So write and formally appeal but if you have done this, call and ask why the appeal has not yet been heard.

Alex Watts :

Can I clarify anything about this today please?

Customer: Can I still be taken to court by either HMRC or the debt collector?
Alex Watts :

Technically yes. But if the appeal has been lodged then they won't do that

Customer: Ok thanks. Fingers crossed. If I was taken to court would the judge ask about the status of the appeal. I feel very intimidated and bullied into paying. The debt collector has the opinion I should pay and appeal. I don't think that is right
Alex Watts :

Yes the Judge would. You should appeal FIRST

Alex Watts :

Don't pay

Alex Watts :

Can I clarify anything else ?

Customer: thank you that is what I needed to hear I am prepared fight now x
Customer: That's all I need thank you help
Alex Watts :

Great. If this answers your question can I ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer: thanks
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