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 HMRC chasing debt despite IVA being completed

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samstaniforth Posted - 23 Dec 2019 : 14:01:21

In Jan 2013 I started an IVA. £11k of this related to Tax credit overpayments from previous years as a result of HMRC Errors but it was impossible to communicate with them to sort it out.

This was a single IVA and the full amount overpaid to my husband and I was accepted and included.

IVA fully paid and completed in Jan 2018 yet my debt was passed to the Department of Pensions who set up an attachment of earning to recover the unpaid debt on both myself and my husband despite sending in copies of the statement of completion many many times. I sent them a recorded delivery letter threatening legal action against them for continually pursuing me for a debt that was no longer legal.

Now HRMC have sent me a letter saying they made a mistake by writing off half of the debt ( the attachment of earnings was for half the 11k each)but will now pursue my husband solely for the half allocated to him.

Now surely as they accepted the whole amount owing on my IVA which was agreed in a court of Law the debt is now null and void and they cannot pursue this any further. they have admitted to one mistake but not the fact that during the Life of the IVA they have continued to hassle me and send me debt collection letters. I was told when I took out the IVA and there was no risk to my husband and it had all been accepted against myself which I why we didn't take out a joint IVA.

Has anyone got any advise on what we van do now? This money is 8 years old+
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IVA Adviser Posted - 23 Dec 2019 : 18:25:26
Hi samstaniforth,

Iím sorry to say that HMRC are entitled to seek repayment from your husband.

Your IVA took care of your liability for the debt, but your husband would remain liable unless he had either entered an insolvency process or repaid the money.

I wish I could offer you better news, sorry.

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