hi all i have taken a phone call from tax credits saying a my single claim for tax creits and th £10k i was awarded is being seen as an overpayment. they say my husband has been living with me which he hasn't. The idiotic ex has applied for a credit card with my address(because he thought he may get it as that's the registered address with the bank). Also when he started a new job in Aug 2009 he put his old address down mine as had no fixed address. In the time apart I have been off work with severe depression and he has been helping out and we also had a child together in 2010 as we nearly got back together. The tax credits are now using this as evidence that he was living with me, even though we weren't. I now have to wait and see how much i have to pay back. My question is because of the info they have am I stuffed!!! We are talking of getting back together and will make a joint claim. If i have to pay back can i negotiate to pay what i can afford?

Yes they shouldn't make you pay more than you can afford. If you feel under pressure CAB can negociate with them an amount you can afford.

The evidence they have against you is pretty cut n dried unfortunately, credit cards at your address, post at your address, having a child with him, getting back together, there's quite a lot, apart from being in your bedroom at night they dont need a lot else proof wise.

But make sure they take into account what you would have been getting if you claimed as a couple back then. It may not all be an over payment, but they wont do that math for you usually.

ok thanks, he wasn't there though that's the problem. He was stupid enough to apply for a credit card as that was his last fixed address and that registered with the bank. Is it worth fighting as I haven't bought anything with the money only been making ends meet...Just because he was a complete idiot and not changed his address (because he didn't have a fixed address) I am now going to suffer.

They say the have too much evidence....but the fact remains he wasn't there.

If he wasn't living there it is always worth fighting I would say. But it seems to be the way it stands these days that if you cant prove otherwise, they use evidence like that as probability that they are right in their thinking. If you were prosecuted, they would need to prove beyond reasonable doubt, but they work on probability when they work out over payments.

It's all a bit unfair when you know different though. And must be frustrating.

they now say they've mad a decision as too much evidence and my award for 2010/11 will be adjusted. Also told that it cannot be ofset from a joint claim??? , I'm worried that I won't be able to pay it back am already paying from an overpayment 2 yrs ago that wasn't my fault.

I have now received a letter saying I owe £9206.93 from last year and £1551.93 from April to date. I am only on ESA as have been suffering severe depression. My ex has returned to help me out as I can't cope. They say I have max of 3yr to pay back..and they can't notionally offset..to be honest I don't think the advisor new what i was talking about. My husband has told me he will lose his job in August and has been paying the mortgage and a bit for the kids whilst we have been apart. Even with his wage we would struggle to make ends meet. Can they take his wage into account? or just my income? as claim was in my name? I am at my wits end and feel so low. Should i visit the CAB next?

update CAB can't help told to ring them myself and sort out payment plan. Had bill today saying i owe £3848.97 working tax overpaid and £5357.66 child tax credit overpaid and another bill for £1500 overpaid since April. Any ideas on next move I am on ESA at moment so can't afford to pay anything and husband is on a pittance...

Can your ex not give tax credits the other address he was living at while you were seperated.