HMRC TAX CREDIT LETTER

[London1971]

Ok , I would imagine that rules you out. It's worth doing a quick Google to see what the latest rules are but they will look at his P60, if it's around where you say it is then, no more Tax Credits are likely. Call them anyway, to be sure  but if they start trying to push you into a payment plan on the phone then be polite and say you will write to them.

 

So in your situation my first thing would be able to send of a Subject Access Request SAR

 

https://www.gov.uk/guidance/hmrc-subject-access-request

 

You will end up with a record of every, piece of information that they have relating to you, and it may turn out that they have made some mistakes, and got the amount wrong.  It took me around 2 minutes to find glaring holes in mine.  

 

Oh, and ignore any letters asking for payment.

Edited September 1, 2019 by London1971

[Mummy20162019]

Thanks so much for that

 

I will take the advise above and go from there calling them in the morning,

I just can’t accept their decision at all it’s crazy especially with no explanation at all,

 

if they discuss a payment plan I won’t go into details how I’m going to repay it, as I personally should not have to as my claim was legit and all info I stated was correct

 

it’s madness they can just chuck that kind of debt to me.

If it does come to me having to pay it back and I lose a fighting battle I will literally be able to pay like £20 a month so it could take years,

 

thanks again and will post the outcome of my call tomorrow 

[London1971]

You do not discuss any repayment plan with them, until you have your SAR return, that would take around 40 days from when you request it.  

 

Do not discuss repayment amounts etc, and yes if it turns out you owe that amount you will probably end up paying back 20 to 30 per month. Again we are not anywhere near that point yet, once we have the SAR back there may be grounds to appeal etc.

 

Also it's important to note , none of this will ever appear on your credit file.

[unclebulgaria67]

Suggest that you search online for benefits related content on being treated as living together as if you were a married couple.

 

HMRC, DWP don't really care how you describe your living arrangements with the father of your 2 children. They have seen it all before and no matter how much you argue that you and the father of your 2 children are not really "living together as a couple", it won't make any difference.

 

I suspect that the tax credits debt is calculated on the based as your claim being incorrectly reported as a single claim. If this is the case, you have to submit a challenge ( mandatory reconsideration) within 1 month of the  decision letter being received. You need to submit any evidence to argue against the reasons for the HMRC decision. You can advise that you want to submit further evidence but need the GDPR information first before you do so.  Once you have submitted all evidence for your mandatory reconsideration, HMRC will come back with their final decision. After this it is Court tribunal for further challenge if you wanted to do that.

[Mummy20162019]

We genuinely were not living together should we of been the tax credits would not of been required

 

I am fully against people claiming these when they are not entitled to!

It’s a pet hate of mine so would never cheat this way too,

 

can they take me to court if I appealed their current decision or is that a choice only I make if I appeal their second/ final decision they send out?

 

It’s ridiculous how they can be doing this but most of his info is addressed to here!

With him coming to visit the children he always just collected it hence why he never bothered to change his address,

 

how do I get hold of an sar form?

As you can tell I’m so new to all this! 

[dx100uk]

the sar is on their website

see link in post 26

[unclebulgaria67]

You have to follow the process of appealing as set out in the HMRC letter.  Normally when you receive a decision letter, it will include details of how to appeal.

 

The process for anyone appealing should be 

1) Within 30 days of receiving the decision letter, ask for a written statement of reason, which is a detailed explanation provided by the HMRC/DWP decision maker of how they reached their decision. This should include any legislation which they believe is relevant to their decision. This is very important, as if you eventually ended up appealing via Courts Tribunal, you could be arguing about whether the legislation was being applied correctly.

 

2) Within 30 days of the decision letter, advising HMRC or DWP ( whichever is relevant) that you will be appealing their decision, giving some brief reasons for appealing.  Also important to state, is that you will require more time to submit evidence. They will normally then provide a further 30 days for evidence to be supplied.

 

3) Submit the GDPR request asap after receiving the HMRC/DWP decision letter, as it may take time to receive the information back.

 

4) Once you have fully submitted your appeal (mandatory reconsideration)  HMRC/DWP will send you their final response.

 

5) If you do not accept their final decision, you should obtain further advice from an organisation that helps with HRMC/DWP appeals. You have 30 days from the HRMC/DWP final decision letter to submit any application to the Courts Tribunal service.

 

Suggest that you start thinking about what evidence you can supply which is clear proof that you have not had any partner living with you.  Can your partner (ex) provide any evidence, that they have lived elsewhere during the relevant period in time ?

 

If you fail with any appeal, you will be left owing the money for as long as it takes to recover. If HMRC were going down the route of looking at this as a criminal matter, they would have already proceeded in that way.  As they have not, then it is most likely being dealt with as a matter of you being overpaid, as your claim was not correct. 

[London1971]

Yup, if they wanted to proceed as a criminal case they would have interviewed you under caution months ago.

 

There are things to look out for when you receive the SAR, that could make a lot of difference to how much that you owe, but the sooner you initiate , the sooner you will find out.  

 

Most likely scenario, you will find something to get the total amount reduced, an end up paying 20 - 50 quid a month.

 

You are worrying far more than you need to be about this.

[Mummy20162019]

Thank you everyone,

I deffo am worrying it’s effecting day to day life (daft I know) but this 7.5k debt is hanging over me i have never been in debt before and can just about live off my wage been only parting (currently on maternity leave)

 

I will follow all steps above and get the ball rolling for this, as for proof of another address this is a tough one as just his doctors is addressed there still, which he has had appointments there when not living at my property, otherwise his always stayed at mainly a family friends and gave him cash rent, so again no proof of him living there and not here.

 

It will just show as cash transaction each month, my partner has no clue about any of this and how it works as it was me needing to do the single claim having the kids live here.

 

He wouldn’t allow me to take the mortgage on or bills as he knew I would struggle money wise so he insisted on keeping the payments up for me as a way of providing for his young family (the children not me) 

[unclebulgaria67]

As part of any review of your appeal, no doubt they will also look at the ex partners details.

 

  It is therefore advisable to discuss this with the ex partner, to see whether they have any issues they may be concerned about. Not suggesting there is anything improper, but if your ex partner is involved in this, they should be made aware.

[Mummy20162019]

His now been moved into the house with us since end of June when we had our second baby, we’re now making a go of things and trying to form family life since the arrival of the new norm so he is my partner, but ex previously of last year and the first half of this 

[Mummy20162019]

SAR submitted this morning 

[Suchamess1989]

Do you have to go to court? 

[Mummy20162019]

Hi.

No they aren’t taking it any further they’ve said because my partner (Ex at the time) never changed any of his addresses except his doctors, that I do not have enough proof to prove my single claim which is ridiculous!

 

It’s now costing me £10.5k in debt for this silly little mistake of not changing his address, but he would visit my daughter several times a week and collect his mail so never seen the issue?! 

[honeybee13]

Hi.

 

Is it possible to update your thread please? We have a new member here who would benefit greatly from knowing what happened with your case.

 

HB

[Mummy20162019]

Hi,

 

as I could only provide my partners doctors address to show him living at another address this was not enough.

I battled it out back and fourth and they said because down on paper he's at the adddress then that’s it I’ve no leg to stand on!

 

Now paying £10k back over 17 years as can only afford £15 a month...it’s a joke their word against mine,

had I known he had to change his address to prevent this I would of got him to do so.

 

He sees the children regularly so always handed over his mail there and then and remained civil about it!

Fuming with the outcome I now have debt for something innocent that I was entitled to claim! 

[Terrifieddebt]

Hi 

 

did they ever mention about penalties or taking it any further? 
 

ive received a letter about me needing to ring them but there’s no dates and they aren’t asking for any evidence or anything. It states if I don’t then they will make an appointment. Is this similar to your letter. Mine is in regards to childcare, however my kids haven’t been going. I also have a newborn and I’m terrified. 
 

thanks

[Mummy20162019]

Oh bless you, I at the time just had a newborn too he was born in June when it all started,

they never mentioned any penalties but I have received a letter in November about what to do to go down the tribunal route but had nothing since so not sure if that’s it done or what,

 

I’m just not going to ring or promt anything,

no matter what I told them they were having none of it,

 

is yours about money for child care but they haven’t been going?

It’s such a worry isn’t it I can’t explain the stress it’s caused me.

 

I just had nothing else to give them the minimal I did they weren’t interested and never changed their decision x

[Terrifieddebt]

My little girl was September. I had hyperemesis during my pregnancy and reduced movements so ended up off work so they could have been going at any time but turned out they haven’t: I also need to change my claim to joint. 
 

im so stressed I’ve come out in psoriasis any hair is starting to fall out. I have to ring in the morning as they have been closed and I’m so worried xx

[Mummy20162019]

As crazy as it seems, if you have no proof of anything if they are to ask, honesty is the best policy.

They threw 3k worth of debt my way and then decided to quiz about the previous year too which was £7k as it was a full years worth,

 

just be upfront and off load they will hear you out,

they will only make you pay it back at what you can afford as I’m on maternity I offered them £15 maximum,

 

it’s an absolute joke to be honest and I think they picked us up due to newborns as I added my little boy onto my child benefit which every family gets...

 

I feel so angry as I lived without my partner hence the single claim.

Is there much debt to pay on your letter? X