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JimLawyer, Solicitor
Category: Family Law
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Experience:  Senior Associate Solicitor
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JimLawyer I have received a reply from the adjudicators

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jimLawyer I have received a reply from the adjudicators office, they are looking into my complaint. I have received a repay from HMRC stating that my tax credits over payments are not subject to the limitations act and that I am at stage 2 of the complaints and that i should reply to the adjudicators within 6 months, they are entitled to recover the over payments but not through court.
This previous said debt is nothing to do with me but my ex partner her bank details received the benefit not mine.How do I stop them recovering this payment should I or my wife apply for tax credits in the future?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 1 month ago.
Jim Lawyer was working on this for me
Customer: replied 1 month ago.
jimLawyer I have received a reply from the adjudicators office, they are looking into my complaint. I have received a repay from HMRC stating that my tax credits over payments are not subject to the limitations act and that I am at stage 2 of the complaints and that i should reply to theadjudicators within 6 months, they are entitled to recover the over payments but not through court.
This previous said debt is nothing to do with me but my ex partner her bank details received the benefit not mine.How do I stop them recovering this payment should I or my wife apply for tax credits in the future?
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Alina-Moderator

Hi,

I am an advisor at JA and happy to assist you.

Could you please kindly provide more details about the query.

Regards

HMAT

Customer: replied 28 days ago.
The original question I cannot reply on for some reason so I appreciate your assistance many thanks. My ex partner opened a tax credits account whilst we lived together for our two daughters. I separated from her some years ago. The HMRC are pursuing me for half the over paid credits. I asked a question for help on JA and JimLawyer sent me 4 letters. I have sent the third and received a reply from the HMRC and Adjudicators office. I'm at stage two of the complaints procedure. Whilst am I happy with the fact that HMRC cannot chase me through court they can instruct a third party to do so by selling the debt. I was hoping JimLawyer would assist me through the whole process of getting the HMRC to drop their pursuing this debt as I did not receive any benefits of any kind.

Alright, this query is included in tax, let me reclass it in law and Jim will be able to answer you.

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. You should use all of the 4 letters as if you had to apply for an injunction, you can show the court the evidence required.

If they sold the debt you will need to deal with the debt collection company and point out the limitation period has passed, so by contacting you then are harassing you. You should send them a cease and desist letter and copy in HMRC.

If they continued to contact you then you apply to the local county court for a civil injunction.

However, before you do this, send the collection company a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at https://www.lawdepot.co.uk/

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the application for the injunction and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay).

For a fee exemption you need to check your eligibility here:

http://www.gov.uk/get-help-with-court-fees. If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form.

If the injunction application is successful you can ask the court for a costs order to be paid by the company and HMRC.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under Section 1 of the Protection from Harassment Act 1997. Harassment is defined as “unwanted conduct designed to cause the victim alarm or distress”.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

The cease and desist letter may work so you may not need to apply but if you then I recommend you go to the court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

If you do need to take that step and apply for the injunction, please come back here as I have the forms required. If you prefer a law firm to do the letter (and apply for the injunction if the letter has no effect) then try any of these firms :

  1. https://www.kingsleynapley.co.uk/services/department/dispute-resolution/injunctions

  2. https://www.gannons.co.uk/commercial-litigation/injunctions/

  3. https://www.ibblaw.co.uk/service/commercial-dispute-resolution/applying-injunction

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 12046
Experience: Senior Associate Solicitor
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