Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Arike Novitiate

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    Default Help please, I have done wrong, did not declare correct income for Tax credit

    Hi all,

    I rcvd a letter from the compliance HMRC team, they found out that i claimed my income for 09/10 was 12,420 and but the figure from my employer was 28,760.

    28,760 was indeed my actual income. I have been asked to contact them urgently.I know am in in trouble, but am glad this is finally out. i have not been sleeping for days as i had been carrying this guilt with me since.
    All these started when my child started nursery and all the WC +CTC +CHB used to pay for my child's Nursery fees. I am depressed, been crying as i don't know what to do.

    Pls help. What do i say when i call the compliace team, will i go to prison?. will they notify my employer e.t.c?.....

    I do not have any excuse, but i must say as i single working Mum, having to pay all the bills and getting my child to go to nursery while am at work, TC was my the only way to survive. i don't claim any other welfare benefits.

    Please Advise me, what can i say to them when i call, or do i just keep quiet and let them send me an overpaymenticon letter? does it work like that?.


  2. #2
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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Hello Arike, welcome to the forum.

    We're not here to judge, and you will get some help on how to approach this. I think you should contact them soon, as it will look better than just hiding. HMRC are never in the wrong, as they see it and you do have something to be concerned about here.

    You will have to pay back the money, but I'd say prison is unlikely and usually a last resort. Have a read around the forum, because there have been lots of cases recently. Your local CAB should be able to advise you and have links with HMRC. I know someone was going to ask them to contact HMRC on their behalf, but I don't remember what happened.

    Try not to worry too much, just go about sorting this now it's in the open.

    I hope someone who's been through this will know what to say to the compliance team, or that the CAB will be able to help.

    HB x

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  3. #3
    Basic Account Holder Arike Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Quote Originally Posted by honeybee13 View Post
    Hello Arike, welcome to the forum.

    We're not here to judge, and you will get some help on how to approach this. I think you should contact them soon, as it will look better than just hiding. HMRC are never in the wrong, as they see it and you do have something to be concerned about here.

    You will have to pay back the money, but I'd say prison is unlikely and usually a last resort. Have a read around the forum, because there have been lots of cases recently. Your local CAB should be able to advise you and have links with HMRC. I know someone was going to ask them to contact HMRC on their behalf, but I don't remember what happened.

    Try not to worry too much, just go about sorting this now it's in the open.

    I hope someone who's been through this will know what to say to the compliance team, or that the CAB will be able to help.

    HB x

    Thanks for d quick response HB, I don't mind paying back, i know this will be very difficult. but will give me peace of mind. I cannot help worrying, i just hope i will get over this!!! Will they prosecute me?


  4. #4
    Basic Account Holder Life-Goes-On Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    As you have committed fraud, there is a likelihood that they will prosecute.

    The fact that they have found out your fraud, rather than you declaring it first will count against you.

    I would take up legal advice ASAP.


  5. #5
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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Quote Originally Posted by Life-Goes-On View Post
    As you have committed fraud, there is a likelihood that they will prosecute.

    The fact that they have found out your fraud, rather than you declaring it first will count against you.

    I would take up legal advice ASAP.
    Does depend how much it is for of course. Solicitor I just spoke to said they wont for under 2k. It's not cost effective. Although the OP is probably looking at more than that. But ex sis in law had a tax credit overpaymenticon of 3k & just had to pay it back.


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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    From the information you have provided, this is a civil investigation not a criminal one. Prosecution for tax credits is extremely uncommon in comparison to other benefits. HMRC's policy for tax credit is to use civil recovery wherever possible, not prosecution. Their aim is to recover the funds overpaidicon. It appears they have written to you to invite you to provide a full disclosure. If you provide them with the correct information in full, the chances of it being transferred to the criminal investigators is slim to none, though they may charge you a penalty. Providing a full disclosure can also significantly reduce any penalty that they plan to charge.

    Failure to respond or a partial disclosure can mean that the investigation may be transferred to the criminal investigations department. Otherwise if you respond with a full disclosure there is a high chance that all they will do is recover the overpaymenticon and perhaps charge a penalty.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

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  7. #7
    Basic Account Holder Arike Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Thanks all. I will call them. I guess i need to give a full disclosure as i want to get this over and done with. i will pay any OP as i know i was wrong and had no excuse.
    Kindly let me know, will I only have to repay any overpaymenticon /and penalty and not get any criminal record or prosecution? (giving false/misleading information)
    I am really scared. i would love to come out clean so i can carry on , it's as if my whole world is crumbling!!!!

    Another question pls, can sm1 who is not eligible for WTC be entlttled to Child care element of WTC ,. and what income can you be getting to be ineligible for WTC?


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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Quote Originally Posted by Arike View Post

    Another question pls, can sm1 who is not eligible for WTC be entlttled to Child care element of WTC ,. and what income can you be getting to be ineligible for WTC?
    The cut off for WTC is around 18k. You can still claim child care costs if you receive no WTC due to income.


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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Not totally referring to you OP, just in general, but how does that work, that someone can deliberately lie on a form to do with tax, gain thousands from it & not be prosecuted & end up with a criminal record, but someone that fails to notice errors on another benefit can be prosecuted & end up with a criminal record?
    Strange world we live in....


  10. #10
    Basic Account Holder Life-Goes-On Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    I do agree and found it amazing that it happens.
    Normally the Tax man, (HMRC) goes for the jugular, one of the very few that would make a person bankrupt.


  11. #11
    Basic Account Holder oakly Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    hi, i am in a similar postion to you. I had been claiming about 7000 too much in childcare over the last year. Payments were correct for about 2 months then dropped hours and childcare day's but didn't notify change in child care. This went on for 10 months! On friday I decided enough was enough, I wasnever caught or asked for details of childcare etc but I couldn't live with knowing what I had done. So I went to CAB admited everything, they called tax credits after I sorted my figures out and they were actually fine with it. The CAB advisor explained the more I put it off the more I felt I couldn't call and was falling into a dark hole of fraud
    I couldn't sleep, eat or even think straight. I'd look at my kid's and cry convinced I was going to prison.
    Basically I'm now awaiting a letter of overpaymenticon, luckily I have half the money to pay back stright away the rest I'll have to skimp and save for the rest of the year to but right my wrong doing.
    Please jut speak to them, they already know you've done wong, they will just want you to sort it out asap and start paying it back. However, I will add that telling them false information is worse that not telling them a change of circumstances as you have purposely misled them, but honesty really is the best policy. The chance of being taken to court for this is quite small judging by the cases on here
    good luck xxx


  12. #12
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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Quote Originally Posted by Life-Goes-On View Post
    I do agree and found it amazing that it happens.
    Normally the Tax man, (HMRC) goes for the jugular, one of the very few that would make a person bankrupt.
    It's real strange isn't it. People fraudulantly claiming thousands, oh that's ok, it's not counted as fraud, you'll just have to pay it back. Where's the interview under caution?? Where's the threat to their job &/or any future chances of getting a job if they get taken to court, wheres the story splashed on the front page of the local rag, even giving the fraudsters address!?
    Apparently there is a drop in fraudulant benefit claims in the last few years, I have my own theory on that, it's probably because they know now the tax credit one is an easier ride! lol
    No offense to anyone on this thread, but it's all rse about face isn't it to be honest.


  13. #13
    Basic Account Holder monica32 Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Hi, i'm in similar position ,I have declared income of 12145 instead of 16107 and they found out.I recieved letter from CSSG from Irleand (bit confused as I live in UK)
    Have responded to them admiting that I have done wrong and want to pay back everything I have been overpaidicon asap,today I recived another letter saing that they need to deal with the finalisation of my tax credit award for 2010-2011 I am confused! please advise me on this


  14. #14
    Basic Account Holder monica32 Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Hi,Arike what was the outcome of your case?


  15. #15
    Basic Account Holder cp1978 Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Hi arike what happened to you as im in similar situation?


  16. #16
    Basic Account Holder Holliepop2010 Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Quote Originally Posted by cp1978 View Post
    Hi arike what happened to you as im in similar situation?

    Hi I saw you had put your in a similar situation re.Tax credit case.. Me too !! Have you heard anything yet? Did your say they will just change your award and write if you want??


  17. #17
    Basic Account Holder Gemy Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    im in the same position as u What happened?? Its a weight lifted to know im not the only one in this position


  18. #18
    Basic Account Holder cp1978 Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    hi still waiting to hear, what was your situation this making me ill as well as having to deal with new babies and post pregnancy illneses


  19. #19
    Basic Account Holder cp1978 Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    herad nothing what was your situation?


  20. #20
    Basic Account Holder Gemy Novitiate

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    Default Re: Help please, I have done wrong, did not declare correct income for Tax credit

    Hi
    I have received a letter from the hmrc saying that they have selected my award for review and that there were some discrepencies in the claim, They have the amounts i have told them and the actual amounts they hold from 2010 and 2011 they said they are extending their enquiries to cover the earlier (2010) claim under section 20(4) whatever that is. i mistakenly told them my husbands wages were 16000 gave them the info for after tax not before, and they are actually 21000, also i didnt realise that u had to declare the tax my husband pay on his car, As i didnt realise u had to declare it as we dont actually recieve the money so why is it classed as income. so now his wages have gone up to 30,679.00 a year, This is for both years. i had the usual panic as i have read everyone has done. but phoned them the follwing day(im also sending a letter confirming this just incase they lose the phonecall) and explained to the lady on the phone all of this and admitted that it was my mistake (although its not very clear to people who dont understand tax etc). She told me not to worry, she said she would send the info on and they would change my claim etc.

    As i said above im still waiting to hear from them,

    Cp1978 have u had any payments go in since u let them know your situation ???



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