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If no contact can be made, or the claimant refuses to make a payment arrangement, HMRC may consider using one of their enforcement powers such as taking control of goods (distraint) or county court action to recovery the debt.Claimants can repay HMRC by various banking services, including on-line banking, Faster Payments, payment at a bank or building society or sending a cheque by post.

(A debt will transfer to IDMS 42 days after the TC610 or sooner if the claimant engages and agrees a payment plan).

DM will check whether the debt can be passed to one of the private debt collection agencies (DCA) that HMRC uses.

This was withdrawn in 2014 and there is now very little published information for advisers in this area. In the meantime, we suggest that advisers use the archived version of the guidance to negotiate with DM.

Direct Recovery Direct recovery cases are dealt with by Debt Management (DM) which is a separate arm of HMRC to the Tax Credit Office (who deal with ongoing recovery issues).

HMRC introduced new IT from October 2014 to allow ‘cross claim’ recovery whereby overpayments on a claim that has ended can be recovered from a subsequent new claim even if it is made in a different capacity (for example an overpayment from an old single claim can be recovered against a new claim as a couple).

See below for more detail about how cross claim recovery works.

DM collect tax debt as well as tax credit debt although the processes for each are different.

When a claim ends, for whatever reason, and any overpayment is outstanding, the tax credit system will issue a TC610 notice to pay form once any appeal period has passed (normally 30 days). UK for an example) advises the claimant that the amount is owed to HMRC and normally gives 42 days to pay.

HMRC guidance In 2011, following consultation with various representative groups, HMRC produced a detailed guide for intermediaries ‘How HMRC handle tax credit overpayments’.

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