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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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lancsgirl1

Tax Credits Overpayment-help!!!!!

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Hi guys!...ive been abit of a lurker on here but now i need serious help!

I am now divorced and have been only a few weeks, when i was married we claimed both tax credits and my husband was the worker in the family, i have had a letter today to say that in the year ending april 2009 we put down we earned £9175 but we actually earned £23459.Now when we were married my husband did all the financially things including claiming for tax credits, only now i have dovorced him and having my home repossessed have things come to light, this being the most recent.

Firstly do i have to repay the whole amount?

i am now in another relationship and claming for this family, will they take this off me?

I have no idea were my ex husband is, only were he works, and his phone number.

I dont have the proof of his wages or his p60s so how can i show them evidence?

Really really scared...hes left me with debts rolling into thousands as it is and i hoped that that wa sit but now this has turned up and i just feel like i cant take anymore, we dont qualify for help form a solicitor and we cant afford to instruct one for this now. PLEASE PLEASE HELP!!!!

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Hi there and welcome to CAG. Firstly, how many thousands are we talking? Usually HMRC are lenient when it comes to repaying debt (In what i say, i mean they allow repayments in time etc).

 

I'd write to them or phone them, give them your ex-husbands contact details (You say you only have his mobile number and place of work, give them these), is there a chance you will gain any equity from your home after it is repo'd? I am sure you wont have to repay the lot, as this is your ex-Husband's responsibility as much as it is yours, all you can do is help them along with things by giving them details of what you yourself earnt and provide his contact details.

 

Did you know nothing of the amount put down on the claim form? Did you sign the claim form?

 

I hope this gets sorted but i would recommend contacting them.

 

Good luck.

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Hi, they say on the letter that we told them our income was £9175 but that total earned was £23459, i earned £5312 as payment fromt he benefits system.

I am drafted a letter with everything i know about him works address and phone number, care reg, i know this may be daft but the other bailiffs i have had here were really pleased with that!...there was nothing left from the house, and as i said the bills that are left i have been left to pay because i cant get him to pay them and he keeps moving!...

 

He always sorted the tax credits now i know why!......i didnt know he had been given raise at work and i didnt even know he had tried to have the house remortgaged. im sure i will have sighned the claim form.

I'll get everything together and send them off and hope i dont have to pay the whole amount back.

thanks for your help

ang x

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Okay, get the letter drafted, save a copy (You probably know the procedure already but just incase)

 

I am not trying to imply that you wont do, but tell them that he keeps moving address and that he was the one who handled the household finances, show willingness to help them, HMRC are a really funny bunch of people if you don't comply, so best thing to do is show that you are on their side, they can't expect you to pay the whole amount as it was a joint household claim, and though your ex seemed to deal with finances, you are responsible as you signed there. He seems like an idiot, trying to befraud the system, but then again, it seems there is alot of background financial issues and that probably led him to this stupidity, all the same, i hope you get a positive reply, and if you need any help or want any more feedback on this, just reply here, i can offer my advice and there are many others, let me know what happens and good luck with it. I'm sure you will be fine. Good night.

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ok if you did owe them they would make hubby pay half anyway also as it was an old claim with ur ex they cannot and will not take any money out of ur current claim,it has to be arranged thru pverpayment team and explain that u cannot afford alot maybe £5 a month at the most they they come to an aggreement with u over the phone and they may even say pay less hopefull £2.50 a month,at least this way its nt a big chunk of money coming out of yours and new fellas money..appeal anyway you may b better off

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