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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
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    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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I have been claiming tax credits as single but partner lives with me.


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I have been incredible stupid and continued to claim tax credits as a single parent when my partner has lived with me for several years.

 

 

I am really ashamed and can't believe why I allowed myself to be so greedy and stupid.

 

 

I have two kids from previous relationship and one with current partner

. Current partner is on the mortgage and council tax as would not have got the house otherwise.

 

I think it will be virtually impossible for me to prove he hasn't lived here all the time.

The bills are in my name, but we have the mortgage and council tax in joint names.

 

they have sent a letter saying they are looking at April 2014-2015 and the current year.

 

I am beyond terrified that they will look at previous years and the overpayment will be massive as well as the fraud meaning will go to prison.

 

I have an appointment at the CAB tomorrow.

I want to fully admit that I was not entitled to claim for the time they have stated in their lette

r and will offer to pay back in full if they will let me _ bank loan maybe?

Should I come clean about previous years?

 

I am making myself sick with worry - my partner had no idea I was doing this.

 

Can anyone tell my what happened to them?

I can't look my children in the eye and I am convinced I will be sent to prison.

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Thank you for replies.

I intend to come clean about the years they are asking about. I will try and get loans or something to pay it back.

I am so worried they will go back years - he has not always lived with me, but I will not be able to prove that.

Does anyone have any experience of what they are likely to do?

I have to respond in a couple of weeks with bank statements, mortgage statements, utility bills etc.

I am sick with worry - can't eat or even think properly.

REplies are hugely appreciated

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Defiantly admit to whats happened

 

But do not go out and get a loan just yet, you may be able to pay back in installments based on your ability to pay.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Depends very much on if they treat it as a civil matter or turn it into a criminal matter.

 

What I would say is making a repayment offer & sticking to it will go in your favour but don't go taking out a loan you can't afford.

 

How much do you estimate the overpayment to be? Have you worked out how much you would have been entitled to had you claimed correctly?

Please do not ask me for advice via PM as I will not reply.

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I would be completely honest, declare when he did start living with you, don't let them decide this on their own. They already know something is wrong. Do not allow it to get worse but hiding the truth or lying further.

 

Explain your reasoning for not declaring this at the time.

 

Offer to make repayments at a reasonable level. I wouldn't suggest a bank loan, then you'd have interest to pay. You won't pay interest on the tax credit overpayment.

 

You may get a penalty on top of the overpayment.

 

Although criminal proceedings are possible, it's not a route they go down often.

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I would be completely honest, declare when he did start living with you, don't let them decide this on their own. They already know something is wrong. Do not allow it to get worse but hiding the truth or lying further.

 

Explain your reasoning for not declaring this at the time.

 

Offer to make repayments at a reasonable level. I wouldn't suggest a bank loan, then you'd have interest to pay. You won't pay interest on the tax credit overpayment.

 

You may get a penalty on top of the overpayment.

 

Although criminal proceedings are possible, it's not a route they go down often.

 

 

Agree with every word BB has written X

Please do not ask me for advice via PM as I will not reply.

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Thank you for replying. I intend to be fully honest. They have only mentioned this current year and 2014 - 2015 on the letter. Do I mention previous years, or wait to be asked? He wasn't there all the time, but it would be hard to prove otherwise. I'm so worried about this, I can't function properly.

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If you can manage it I would find a solicitor who will give you a free consultation (sometimes 30 mins free) .

 

Have they stopped your benefit of have you cancelled your claim?

 

It really is highly unlikely that you will go to prison especially if you make a full commitment to start repayments

 

Have you any idea of the amount of money you have claimed?

 

You want to try to avoid a conviction as a fraud conviction has implications far beyond just the actual conviction, for example household insurance - it is still available but a bit more expensive

Any opinion I give is from personal experience .

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Thank you for replying. I intend to be fully honest. They have only mentioned this current year and 2014 - 2015 on the letter. Do I mention previous years, or wait to be asked? He wasn't there all the time, but it would be hard to prove otherwise. I'm so worried about this, I can't function properly.

 

As I mentioned above, you should tell them when the change actually happened.

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I would advise that honesty is the best policy, and will minimise risk of being prosecuted.

 

If you try to pretend that your partner moved in on a later date than he actually did, and they discover you have lied, there would be a greater risk that they might prosecute you.

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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Thank you so much to those people who replied. I'm very grateful. I have my cab appointment tomorrow, and then will ring tax credits.

I have been such an idiot and feel like my life is over.

 

Well, yes, you have been foolish. But you are facing up to it & looking to put right your actions. You are coming clean. Frankly that requires guts.

 

You will move on from this. Nothing is that bad that your life need be over.

 

If it's prison you are worried about, it's unlikely. Not for a first offence & not for a Mum of 3 kids.

 

If it's being named in the paper, well even if you go to court that's unlikely as it doesn't sound as if there is anything unusual about your case.

 

You will have to pay the money back & rightly so.. As for anything else, cross that bridge when you come to it. Right now you are doing the best - which is coming clean.

 

Let us know how you get on.

Please do not ask me for advice via PM as I will not reply.

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i don't know about tax credits but on council tax arrears I don't rem telling them but they sent me bill for previous years...then had to pay in instalments till what was owed was cleared I know this is different....on worrying about the tax credits issues I would not worry if I was you ... take the advice from the above posters and/per from shoe seeing shoe works in this arena.

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Update.

I spoke to the cab this morning, who were helpful, but didn't tell me anything I didn't know from here.

I took a deep breath and rang the number on my letter - was terrified but knew it had to be done.

I said I wanted to co operate fully and that I should have made a joint claim and wanted my current claim stopped straight away.

They have done that, and I now have to wait for them to calculate my overpayment and any penalty and decide what will happen next.

I would say to anyone in my position - pick up the phone to hmrc. The Peron I spoke to was polite and didn't give me a hard time in any way.

 

I still don't know what the outcome will be. Paying back a large overpayment is a definite - totally deserve.

Even though it's still very uncertain, I feel loads better having spoken to them. Should hear what happens next within next couple of weeks.

Thanks again for all the non judgemental support I have got here. X

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I am pleased that you have faced up to it and you have done the right thing

 

One of the problems I see ( and I am not blaming you) is that once you get away with it , a) It becomes more difficult to stop because it almost means that you need to admit it ,and b) you sometimes almost get to the point that you want to be caught to force you to stop.

 

Well done for doing the right thing and i certainly would not judge you particularly as no one will know the full details of your life

Any opinion I give is from personal experience .

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Can I ask. Is your partner working ?

 

There is such a thing as notional entitlement, which is basically. They treat your claim as tho it was a joint claim and deduct that from any overpayment.

If you would have had an entitlement anyway, depending on circumstances you could request this. This has to be done quickly though

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Can I ask. Is your partner working ?

 

There is such a thing as notional entitlement, which is basically. They treat your claim as tho it was a joint claim and deduct that from any overpayment.

If you would have had an entitlement anyway, depending on circumstances you could request this. This has to be done quickly though

 

You don't get this if you deliberate fail to report the change.

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Update.

I spoke to the cab this morning, who were helpful, but didn't tell me anything I didn't know from here.

I took a deep breath and rang the number on my letter - was terrified but knew it had to be done.

I said I wanted to co operate fully and that I should have made a joint claim and wanted my current claim stopped straight away.

They have done that, and I now have to wait for them to calculate my overpayment and any penalty and decide what will happen next.

I would say to anyone in my position - pick up the phone to hmrc. The Peron I spoke to was polite and didn't give me a hard time in any way.

 

I still don't know what the outcome will be. Paying back a large overpayment is a definite - totally deserve.

Even though it's still very uncertain, I feel loads better having spoken to them. Should hear what happens next within next couple of weeks.

Thanks again for all the non judgemental support I have got here. X

 

Well done you... The first step is always the worst. You can do this.

 

Have you estimated the overpayment yet?

Please do not ask me for advice via PM as I will not reply.

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The other thing you may need to consider is if your partner knew you was still claiming the benefit, if so they could go after them as well. you have done the right thing by coming clean now rather than later, this could have made the debt larger and harder to pay back.

 

 

Also you may want to remember that the Agency involved may apply to a Court for them to place an order on your home especially if you have profited from the claim. I am just pointing out what may happen, by the way did you claim a single persons allowance for your Council Tax?

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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The other thing you may need to consider is if your partner knew you was still claiming the benefit, if so they could go after them as well. you have done the right thing by coming clean now rather than later, this could have made the debt larger and harder to pay back.

 

 

Also you may want to remember that the Agency involved may apply to a Court for them to place an order on your home especially if you have profited from the claim. I am just pointing out what may happen, by the way did you claim a single persons allowance for your Council Tax?

 

They can't because the partner would not have been able to do anything about it if he did know, he would not be able to access her record to close it down.

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How do HMRC know whether you failed to report the change deliberately or just forgot, have they added mind-reading to their array of powers?. 'Notional offsetting ' is your friend in this very common situation. The amount of overpayment will depend upon how much your partner earns, e.g if he was on benefits you'd have got the same amount anyway so no overpayment would be due, if he's on a decent wage you will have to pay back a lot of money which TBF you weren't entitled to anyway.

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