tax credits and need to ring them for my childcare costs to be checked - ** RESOLVED **

[Terrifieddebt]

Ok I will do, shall I tell them my claim needs to be amended to a joint one or do it online? 
 

do you know what they will ask? From all the forums I’ve seen they normally ask for you to send in documents or for something specific not to ring 

 

Do you think they will want to start criminal proceedings? 

Edited December 28, 2019 by Terrifieddebt

[dx100uk]

can't keep repeating

no you won't goto prison

no you won't be treated nor prosecuted as a criminal

that only happens to real criminals defrauders..you are not. just an everyday jane Doe.

1000's everyday face the same as you

 

I think you'll find as the conversation evolves you'll soon workout what they actually need you to do and/or send.

don't forget, you can legally hold them to course if you think anything they are saying or assuming is wrong 

so don't think it's a done deal.

 

 

[Terrifieddebt]

Ok thank you for everything, I’ll ring Monday and update the thread with what happens. I literally have no money for them to take back and trying to sort what feels like a mountain of debts as it is. Have a nice weekend 

[dx100uk]

start another thread on your other debts!

who says you owe anything??

 

dx

 

[Terrifieddebt]

I Lnow I will with the kids not going to the childminder and also it being a single claim when it should be a joint I don’t know what way to tell them about that also.

 

i don’t know whether to let my partner know but I know he will walk

[unclebulgaria67]

This is a life lesson for several reasons.

 

1) Live within your means, try to avoid debt, by keeping spending to essentials only. Get advice about about existing debt and budgeting  This site has a section for debt advice.

 

2) Keep personal information up to date.  Are HMRC the only organisation, you have failed to update your information with ?  What about Council Tax ? What about Insurances ?  You need to have a thorough review of everything.  Write a list. 

 

3) Most people will have had difficult personal and/or financal issues at some point. You can never really hide these from partners or close family and friends. Better to be open about the issues with your partner and closest family. They would probably be more annoyed, if you were hiding problems and not dealing with them.

 

4) Anxiety will gradually reduce as you deal with problems and get to a better position.

[Terrifieddebt]

I literally have had no sleep because I’m so worried about what the outcome will be and wish I’d not been so stupid. 
 

I keep reading different forums and there’s a few that have resulted in court but most are overpayments. Do you know of any? The debt is going to be about 10k with hmrc so it’s a lot of money plus I already have an overpayment with them from years ago. 
 

I seriously don’t know what to do. I agree I should tell people but I’m so afraid he will leave. I can’t eat and can’t sleep

[honeybee13]

What about having the conversation with the tax credit people and agreeing how you will deal with this. That way you can tell him about the problem and also the solution, rather than just the problem. 

 

HB

[dx100uk]

the issue with reading other websites is sadly many are 'sheep' that blindly believe that all debts are owed and must be paid, so this causes people to pay debts that are not a priority over say a gym membership or mobile phones or historic consumer credit...which leads people to do silly things like get over paid on benefits to cover their costs when you don't need too.

 

 

[Terrifieddebt]

@honeybee13That’s a good idea. I feel terrible hiding it but I am scared that it’s not just going to be an overpayment. I have been looking online and a lot seem as though the claims had denied stuff or tried falsifying things. Should I amend my claim to joint now online or just wait to talk to them hopefully tomorrow ( I’m not sure on Xmas opening). 
 

@dx100ukthat is my problem of agreeing to repayments I can’t afford. 

 

dx are you confident when you are saying it won’t be criminal proceedings? 
 

@unclebulgaria67
when you said it’s not a compliance check, why do they send them? Is it a tip off? 
 

at the moment I can’t even function.

[Terrifieddebt]

I have tried uploading the letter for a bit of confirmation but I’m unable to

[dx100uk]

follow the upload guide

[Terrifieddebt]

Tax .pdf

 

I’ve also got the element that I’m going to tell them it should be a joint claim instead of a single.

I’m so worried.

I’m not sure what to expect and really hope they aren’t criminal proceedings.

Are you confident it won’t be? 

[honeybee13]

We can't second guess what HMRC will say, but as I think I already said, I don't remember a single person from here who's had criminal proceedings taken out against them.

 

Make sure you ring tomorrow and get this over with, otherwise you'll continue to suffer.

 

HB

[Terrifieddebt]

Thank you. I’m really hoping I’m not the one that it is. The more I’ve looked I think a lot of the time it’s when people have continued to lie or had dwp involved.

 

did the letter just look generic? It confuses me as they’ve not asked me to send anything as of yet, just ring. 
 

will they already know? 

[tomtom256]

Hi Terrifieddebt,

It looks like you have received a generic tax credits compliance letter, may have just done a random check or may have datamatched and found a discrepency, no point worrying what caused it.

It's a basic get out fo jail free card, meaning that you ring them and tell them what has happened and they will adjust the tax credit award accordingly or close it if no longer eligible.

If you have not been invited to attend an interview under caution and have only been requested to provide information, then it should go no further then a possible overpayment and possibly a civil penalty (but not sure if HMRC can administer those).

They cannot in law ask you to incriminate yourself, unless they are questioning you under caution and even then you have the right not to answer.

Ring them once they are open, explain what has happened and provide any evidence, if they ask for it and they will then figure out if you have been overpaid etc.

If you have been overpaid then you arrange a repayment plan and nothing more is heard of the matter.

 

[honeybee13]

Hi tomtom, thank you so much for answering my SOS and for the information.

 

TD, tomtom is an experienced advisor on these things.

 

HB

[Terrifieddebt]

Thank you so much that’s put my mind at ease.

 

tomtom would they have already invited me for an interview under caution? I just found it strange how they’ve just asked me to ring and if not then they’ll arrange an interview

Shall I confess to everything including that it needs to be joint on the phone also? 
 

thanks again 

[honeybee13]

I don't know if tomtom will be back tonight but I would be open with them so this can be stopped in its tracks. tomtom is saying that ringing tomorrow will avoid you having an intervire under caution as I read their post.

 

HB

[unclebulgaria67]

Tomtom is correct that if you ring them and provide all of the information they are asking for, that they should just calculate how much you owe.

 

But, we cannot rule out the possibility, that you could be asked to attend an interview, where they do ask you for more information.  This is where they are not satisfied, with the information they have had made available.

 

So be prepared, before you make the call.   Have all of the childcare information details, including the last invoice that was payable.  Have your partners information available, full name, date of birth, employment details, approximate date he moved in with you. 

 

 

[tomtom256]

34 minutes ago, Terrifieddebt said:

Thank you so much that’s put my mind at ease.

 

tomtom would they have already invited me for an interview under caution? I just found it strange how they’ve just asked me to ring and if not then they’ll arrange an interview

Shall I confess to everything including that it needs to be joint on the phone also? 
 

thanks again 

 

If they thought the claim was fraudulent, the letter would have come from the Counter Fraud and Compliance Directorate of the DWP, as they investigate all fraud cases that are to be treated as criminal and the first you would have heard, would be a letter inviting you to attend an interview under caution. In law they cannot question you, if the intention is to take criminal prceedings without cautioning you first.

 

HMRC use there own compliance team (normally a third party company, I want to say Concentrix?) to correct claims and these are normally dealt with by way of telephone and/or submission of evdince when required.

 

I would suggest being upfront about your circumstances, as they could already know or have a suspicion that you have a partner living with you and if you fail to tell them, this could be then be passed through for a criminal investigation, as they have not asked about this and you have not declared when given the option to.

[Terrifieddebt]

Hi 

 

do you know if the interview would then be criminal proceedings?

 

I will be open and honest with everything and give them as much information as possible as would rather have the debt to pay back than completely have my life ruined and have it hanging over my head. 
 

we won’t be making a joint claim and he is unaware of any of this but I have my reasons due to him leaving and coming back etc. 
 

If it was an iuc are the outcomes harsher! 

 

I’ll be fully honest with them.

 

That is the only letter I have received from them so would you say it is like a get of jail free card and just an invitation for me to own up, it’s weird how they’ve not requested evidence at this point.

 

I think I’m scared I’m going to ring up in the morning and make everything worse and they will escalate it then. 
 

is it normal for them just to ask me to ring up? 
 

thanks again, I know I am probably covering and asking the same things but I’m trying to prepare myself.

[dx100uk]

read tomtom's post carefully...stop worrying..

 

it's a chance for you to come clean, without things being escalated any further.

[Terrifieddebt]

Thank you. Roll on 8.30am, as much as I am dreading ringing I don’t want to cause any more trouble and lesson definitely learnt. I can’t beleive I’ve been so stupid 

[dx100uk]

but that's just it, you might have to pay moneyback, quite rightly, but no-one get's punished for being stupid. it's the purposefully fraudulent they are seriously after.

 

there's no harm at all in enquiring or starting a joint claim, ifhe is truly with you now, that might well fund and partially offset some of the figure owed, or be a source of small deductions to start the ball rolling.

 

and don't forget if you don't totally agree with the level you have to pay back, withdraw from debating it, and send them the free SAR on their website, that must contain the information they rely upon to justify the figure . if it doesn't, they will have to reduce it.

 

we've seen several cases here whereby, well prove-it, they couldn't figures were revised.