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Mrst - tax credits - incorrectly claiming - ** RESOLVED **


Mrst1
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Hi cat can u please message me as I am in the same boat and am sick to the stomach my husband moved back in with me in feb and I never called them yet, but received a letter at the end of last week and I really need some help writing the letter, please can you help me x

 

Me too shez. I have no idea why or how I've it to this stage. Basically I've been claiming that I'm single but taking my husbands income into account when doing a claim.

 

It's just a lie that I then couldn't get out of. Just got deeper and deeper. I've said that we are on and off all the time and that he stays here periodically and that all. Idiot that I am didn't take into account the joint bank account that we have and council tax.

 

As I advised by them I have closed all accounts and removed him from council register er. I'm just panicking on how much I will have to repay. I've already been fined 1800 for a fraudulent claim.

 

Has anyone else had this? I'm happy just to pay the money back but don't know ow much it will be. The thing is, as a single claimant I would have been entitled to the same amount.

 

It's because they are saying it sold have been a joint claim hat there is an issue. I'm just kakking it, havnt old anyone, I'm so ashamed. Such a relief to see hat I'm not the only one...

 

 

Any ideas?

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Hi Mrst1

 

Stop panicking - it will all work itself out in the end.

 

The penalty of £1800 you received is an admin penalty which is worked out at 30% of the total overpayment. Please bear in mind that the admin penalty incurs interest at 3% so make sure this is paid off before the overpayment otherwise the £1800 will be much much more.

 

If you speak to Overpayments they will claim that you have to pay them as much as the admin penalty are getting but you don't.

 

You could try asking for notional offset which is where they look at the situation as it was to see if the Overpayment can be reduced if as a couple you would have been entitled to some Tax Credits. There is a slight issue with this in that if it was caused by fraud or deliberate error they don't have to apply it - I am trying it for one of my clients as she would actually have received more if she was honest about her partner living with her!!

 

I don't understand why you have taken your husband off the joint account and the council tax - it was only advised on here for people that were NOT living with a partner/husband as evidence that he was not there. Fromo reading your post I think your husband is living there so there was no need to do that.

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Hi eager elephant

He goes back and forth and so I couldn't be doing with the hassle of doing new claims all the time. I had an appointment at the citizens advice and they were about as much use as a chocolate teapot. Wot would you suggest I do now? My target is to have them reasses my Claim as a joint couple since 2011/2013. Being at the higher end of the table for joint income I never recived that much anyway. I'm happy to pay any overpayment immediately. Is this a realistic expectation? Or will they just say as I made it as a single claim they will not now reassess as a joint claim?

 

I'm so scared I'm going to we them thousands but I just don't know

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I think you should ask for it to be assessed using notional offset - you will have to provide info on his earnings for the tax years they are looking at.

 

If you owe thousands then nothing can be done about it - to be honest it is the not knowing that is the worry for loads of people - once they know what they owe they can arrange to pay it back. Some people on other threads have owed £30k+ and they are paying back £50 per month.

In an ideal world you would clear the debt as quickly as possible but if you don't have the money they have to take what you can afford to pay.

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I think you should ask for it to be assessed using notional offset - you will have to provide info on his earnings for the tax years they are looking at.

 

If you owe thousands then nothing can be done about it - to be honest it is the not knowing that is the worry for loads of people - once they know what they owe they can arrange to pay it back. Some people on other threads have owed £30k+ and they are paying back £50 per month.

In an ideal world you would clear the debt as quickly as possible but if you don't have the money they have to take what you can afford to pay.

 

Thanks in advance for all your help eager elephant

That's fine them taking his income into account. You are right, I just want I know the decision ASAP so I can make the arrangements to pay the money back. Not sure which avenue to take. With my situation being a very grey area. Ex back and forth, would I be better asked to review as I joint claim as although I pay everything, we are in an on/off relationship. I can prove he pays nothing but just for the purpose of a final result can we do an assessment on thoses grounds. Can I ask what a notional offset is?

Do you think they will amend the ine according to the final overpayment?

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I've just been reading other thread about notional offset? It seems very hit & miss. Am I Better standing by what I have said and submitting my evidence as a single claim and then awaiting the result before they deny it, land me with a huge bill and then do I ask them for a notional offset?

Or do I just write and say please review as joint couple as to lack of evidence, and can you do a notional offset.

The thing is he was on the electrol roll till 2 weeks ago and had join accounts but had totally forgotten he was on Them as he has no access to them. Now I have no financial link to him, I've kicked him out AGAIN, can't cope with all the stress, not to mention I'm 51/2 months pregnant. Can't concentrate on work. All I want to do is sleep. I know it's my own fault but I couldn't be arsed with all the paperwork chopping and changing every time he came back into my life.

I've got a bit saved from the monies they were paying me and my eldest sons father has just stated paying csa after 14 years of chasing. 18k he had in liability orders.... Hopefully, I'll be able to manage.

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Hi

 

Can anyone advise? I want to write to them but just need advise on which route to take. I've read that I go with the admission I failed to update my change in circumstance then my fine will be limited to £300. Is this correct? I appreciate I will be reassessed upon the joint income, but being as he earns next to nothing I'm sure it won't be an issue.

 

I'm very new to the forum, not sure how to start a new post with this, would it get more advice if I did this? If so could someone please advise how?

 

Thanks, I just want to start making progress. It's the first thing. Think about when. Open my eyes, that's when I finally get myself off to sleep.

 

Can I also ask, why do they add my car and bupa to my income? This bumps things up considerably

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I just want to get a letter drafted, I keep going over and over it in my head and just need to put pen to paper. I just feel physically sick. Eager elephant was right, it's the not knowing that is torturing me.

 

Can anyone please help?

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What is it you want to write to them about?

I can't follow your thread as it's tagged onto someone else's.

Can you give me a timeline of events that lead to your post here? x

scotgal 

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What is it you want to write to them about?

I can't follow your thread as it's tagged onto someone else's.

Can you give me a timeline of events that lead to your post here? x

 

Thank you so much for replying scotgal.

 

Ok December I received a letter stating they believe I am claiming as single when they have reason to believe I should have a joint application. I finally got through to the compliance dept to a very rude woman who suggested I didn't care and deliberately claimed as single when this was not the case. Advised me because she felt I had no remorse when intact the situation was I didn't have a clue where she was coming from, hat I would received a hefty fine and have to repay bak 3 years money.

So, I even a fine for 2010/2011 for £1800, I then received 2 further payment requested for 2011/2012 for approx 1600 and 2012/2012 for 4600. I have appeal the decision based on the fact I'm in an and down situation. If I kept resubmitting claims every time he moved in or out I'd have to give up my job!!! So, written again in April stating that I have appealed and that I am seeking advise form cab, which were no use. Very judgemental. So I took to the power of google and found this amazing site.

Where we are at now....... I can see from other posts where and why they have come to that conclusion, electrol roll, joint account set up 10 years ago etc. I know what the situation is but I just need it resolving the easiest way possible. What I would like to say is that I understand how they have come to that conclusion, from reading up I see that although our relationship is up and down, it's would be still classed in there eyes as a "relationship". So for that purpose can we reasses from 2010 both our incomes and offset against what we owe. I never deliberately went out to deceive or anything. His earnings are very little and probably won't make that much of a difference once child are is taken into account. Do you think I'm being unrealistic in my expectations? Also I've read that a failure to notify change of circumstance fine is capped at £300. Being as this is a failure to notify change of circumstance would this initial £1800 fine be amended?

 

Thank you so much for replying, I can't tell you how much this is just consuming my life

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Right the first thing to so is to write to them explaining your situation. Tell them about the temporary reconciliation, and that although you and your partner were making a go of it, you were still managing all your own household finances.

 

You have to show them you accept your were late in reporting a change but not all the changes needed reporting as they were so brief,

Tell them you're really sorry and but feel the £1800 is too severe a penalty and you want them to reconsider their decision. You weren't given a chance to explain your circumstances properly.

As for the overpayments...

Are those dates correct? 2010/11 2011/12 and 2012/2012? That last date doesn't make sense, is it from April 12-Dec 12?

The worst part is over for you, you just need to work on your appeal. Have you made a couple claim now? x

scotgal 

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Right the first thing to so is to write to them explaining your situation. Tell them about the temporary reconciliation, and that although you and your partner were making a go of it, you were still managing all your own household finances.

 

You have to show them you accept your were late in reporting a change but not all the changes needed reporting as they were so brief,

Tell them you're really sorry and but feel the £1800 is too severe a penalty and you want them to reconsider their decision. You weren't given a chance to explain your circumstances properly.

As for the overpayments...

Are those dates correct? 2010/11 2011/12 and 2012/2012? That last date doesn't make sense, is it from April 12-Dec 12?

The worst part is over for you, you just need to work on your appeal. Have you made a couple claim now? x

Hi scotgal

 

The last date should have been 2012/2013. I have my p60.s from last 2 years and he has just ot his accountants letters regards his wages. I made a joint Claim as advised by the wtc which they declined as they stated we wouldn't be entitled to anything to to our income which is bases upon figure from 2011. I just hope they will reconsider it with the income actually being a lot lower than they are assuming. I shall send the letter tonight. Would you advise also to send the proof of him being at another address and all the household bills being in my name?

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Yes yes!! Proof of him at another address is s great piece of evidence. Use that and proof of you managing the bills to build your appeal on.

Apply for TC again as a couple, for any claim made now, they must assess your joint income based on 2012 income,

x

scotgal 

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Hi scotgal

 

I've tried to start this letter 1000 times but to no avail. I just don't know where to start. Any ideas?

 

I've called tax credits regarding the joint application as the one I did apply for was awarded nothing as the income threshold had been reached, but the income details were incorrect as they had taken from 2011/2012. They have advised I need to await a renewal pack to amend the income details and then it should be corrected and rectified. That claim is from 14/1/13.

 

Thank ou so much for helping, I rally do appreciate it. I'm sleeping so much better.

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Hi scotgal

First I want to clear up the relationship situation. I have proof that he has been at a separate address. Driving licence, jsa claim form but only for a sort period. I have proof that I pay all the bills, mortgage, etc at my address. As I have previously said, it's a funny one. I want to ask to deal with as a single claim but if they reach a decision that my proof if not enough then please reasses the claim from 2010 as joint. And ask the that special department to offset my overpayment against it. Or do you think it would be clearer that I just write and say due to the nature of our relationship I failed to notify of every change in circumstance as it would have been a lot of admin. Explain how sorry I am and ask them for a settlement figure so I can resolve on this ASAP.

 

Thanks again for scotgal

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Scotgal

Please can ou help me, I just want to get everything sent off...... Every day I'm dreading that letter will come through the door.

 

Please x

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You have to get them to accept the fact that although you were financially associated with partner, there were periods/period you were soley responsible for maintaining your household.

To appeal you have to provide evidence of this.

So write and explain this situation. For each explanation of dates you write see attached - letter/bill/bank statement.

Use the evidence you have support the single claim.

Ask them to reconsider their decision regarding the fine but you want them to accept your claim as a single person was correct for all/some of the period.

You are building a picture backed up with any proof you have.

Just state the facts and provide what you have.

Keep it simple and you will have to admit to and be really remorseful of your failing to report changes.

 

I'm pretty sure the worst is over for you as far as action against you goes - good luck xx

scotgal 

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"Hi scotgal

 

But I have now requested a joint application. Do I need to supply every date where he came and went? I've got my bank statements showing I had my wages paid in every month to pay the bills doi send hat in also, if so how many months worth, or the whole 3 years? Also

, regarding bills, do I need a copy of each bill for each month sending in for the past 3 years

sorry just still I bit unsure how I'm leading it"

 

Your joint claim and your appeal are two separate issues. Take my advice (if you feel its adequate) and write to HMRC

Next is your joint application, you said it was disallowed because it was the figures for 2011 which were taken into account, we are now in a new tax year and the figures for future awards will be based on 2012 income x

scotgal 

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Hi scot gal

 

I'd just like to thank you for all your help. I've written my letter, requesting they look at it as a single claim. Collated allsorts together, our driving licences at separate addresses, him claiming jsa at another address, me paying all the bills and they are all in my name. I just feel soon relieved and I've only managed to break it down with your help so thank you.

I shall await there decision and if they reject it then I shall cross that bridge when I come to it, maybe ask for any overpayments to be notianaly offset maybe.

As for the now joint claim, I'm sitting back and awaiting the renewals pack. Until then, there is nothing else I can do.

 

Once again, thank you x

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Hi

I'm just wondering, I'm sure I read somewhere on here that if u have to send bank statement to hmrc u can black out anything not related to what they're looking for???

 

Is that true???

 

I have to send mine off to them by the end of the month and was going to black out everything apart from obviously my direct debits etc which is what they're wanting to see?

 

Any advice is appreciated

 

Thanks

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I've only done a transaction search for direct debits for the past few years, and just sent that. That's all I was wanting to show o that's all I sent. Hope this helps x

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