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Scottish Trust Deed Forum
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Topic starter
23/11/2020 1:41 pm
Hi, I had a successful trust deed with wylie & bisset in 2011 and was discharged in 2013.
In February I was lettered from HMRC chasing an overpayment of child tax credits when I was on maternity leave in 2010, which was included in my trust deed.
HMRC have been sent my discharge paperwork twice but are still refusing to clear the debt and taking £60 from my bank account a month as they threatened to arrest my wages if I didn’t agree to this.
They are now asking for paper work to prove this debt was included in my trust deed. I have spoken to wylie & bisset who said they don’t keep paperwork that old and referred me to accountant in bankruptcy Scotland who have given me a copy of the discharge paperwork but said they can’t give me a list of creditors either.
Dose anyone know what I should do to try and sort this out?
23/11/2020 1:51 pm
Welcome to the trust deed forum Lows.
Just to be sure, could you please confirm that the full amount that HMRC is trying to recover from you dates from before the date that your trust deed was first signed?
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Topic starter
23/11/2020 3:06 pm
Hi, it was for child tax credit paid in 2010 for £485, my husband also got the same letter but sent his bankruptcy paperwork and it was cleared.
23/11/2020 3:35 pm
The debt is automatically included in your Trust Deed if it relates to a period fully prior to the Trust Deed being signed and is not being pursued as a fraud. The proof of discharge should really be sufficient for HMRC.
I wonder if they are treating your Trust Deed as if it is the same as an IVA, which it isn't.
You might have better luck trying to speak to someone at HMRC's Insolvency team in Edinburgh, who will understand the issue and should be able to help you to sort it out.
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