do i have to pay?

[anubis61]

try to keep this as short as possible..... three years ago I was married to my ex..she had 3 children from a previous relationship and wanted to claim tax credits etc,. When she tried to, she had to get me to complete a form as we were married and it had to be a joint claim (tax office told me this). well to cut a long story short an overpayment was made (all payments went direct into her account and I was not aware of whether or not she was overpaid) a year or so ago HMRC contacted me to say about the overpayment and that they want it back. I wrote to them explaining that it was my ex wifes claim not mine. they returned saying it was a joint claim so both liable...i wrote again explaining i only claimed because they had said to and did not see why they should ask me for all the money or indeed any of it. I asked what they were asking of her as she still claims and they said that they cannot discuss. anyway I have now received a letter from them stating that I have not paid so therefore they are changing my PAYE tax code to recoup the overpayment!!!

I am at a loss...why should i be liable for this when she has had the money and spent it! we done a clean break divorce and I even gave her the car and paid her legal fees. this seems grossly unfair...anything I can do??

[Ros1609]

Joint claim = joint and severally liable for any monies over paid. Did you sign the joint claim form? If so then I think you will find you are liable for 50% of the money owed but no more then that

[anubis61]

Joint claim = joint and severally liable for any monies over paid. Did you sign the joint claim form? If so then I think you will find you are liable for 50% of the money owed but no more then that

that is the annoying thing in that i was told by the tax people that i had to sign a joint claim for her claim to be looked at

[Ros1609]

Well yes you would have as you were married at the time so any claim would have to have been a joint one

[slick132]

Hi Anubis,

 

Whenever any creditor has a chance to get money back from one party or another, they'll always go for the target that's most likely to get them what they want.

 

So, in your case, they're looking to you to repay the overpayment because that's the way they'll recoup the overpayment most quickly.

 

Have they supplied you with full details of how and why the overpayment arose. I'm sure they can't demand payment without explaining how it arose. That would be letting them have their cake and eat it !

 

Have you discussed this at all with the sol'r who was involved in the separation.