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Legal matters

Help with HMRC review - will i go to prision?

16 replies

jjonesstewart · 09/06/2011 12:58

I am now a mother of 4 children my eldest child is 6 and my baby is 8 months old, I received a letter on Monday 6th June regarding my Child Tax Credit claims. The Tax office has asked me for Proof of Child Care Costs and Contracts etc. They have my old childcare provider and I thought I had updated them with the information and I am very worried about my situation.

The tax office has an old Nursery on there files, my daughter and my eldest son went to the nursery and when I fell pregnant I went on maternity leave in August 2008 and did not update the tax office that they where no longer in the nursery, at the time I was on my own and needed the money in order to survive. My daughter started nursery school and when to a play group in the afternoon and I again I did not update the tax office as I was heavily pregnant at the time and forgot to update.

I went through a stress full time giving birth and many months of being ill after and having to go in and out of hospital and on top of this my daughter had fallen and broken her arm and had surgery twice which resulted being hospitalized. I was under a lot of stress from the day my first relationship when we split up, I was going back and forward to court with my ex partner which has only just finished this year.

I had made arranged to go back to work and arranged for my boys to go back to the old nursery and a new a childminder for my daughter I updated a child minder and at this stage I had notified the tax office there are to commence around August 2009, but due to being ill and having to go in and out of hospital I was hospitalized on a number of occasions had had operations, as a result my daughter did not go to the child minder and my sons never went to the nursery school due to me being ill.

I then returned to work on 16thNovember 2009 I changed all registered child care providers due to the problem I had with the nursery they wanting another deposit which I could not afford. For some reason I thought I had update the new nursery details. During the progress of me being ill my partner moved in and I added him on to my claim so a joint claim was active and no other details was discussed I simply stated no other changes.

I then fell pregnant again with my daughter once again went on to maternity leave and reduced my sons days in the nursery while being on maternity leave and my eldest son started school in the September and playgroup also. I then give birth to my daughter in 16th October 2010 and had to have emergency surgery ? I had a full hysterectomy as I lost 12 liters of blood and ended on intensive care for 2 and a half days (I am luck to be here today). As you can imagine I am not in any right state of mind to this date.

I called the tax office prior to receiving this letter and gave them our income for the year stated no changes at no point did I state the name of the child care provider nor fees etc. Now I received the letter asking for the proof child care payments and contracts for the old child care providers, I am very worried what will happen and need advice as this is all down to my error and my partner does not know about this problem as yet.

Please can anyone assist me in this matter and what could happen, I am so worried that I am feeling so down and wish that I had not made through the surgery and really worried if I will lose my children due to my mistake, my baby is breast feeding and will not take a bottle as yet, I have considered taking my life as I cant handle the stress what I have been through and now this.

I have sent in my resignation at work due to the fact my employer can not offer my requested hours I have not been entitled to any money from work as from 6th May 2011 as I am on extended maternity leave until the date they confirm my leaving date.

I have not criminal convictions.

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Collaborate · 09/06/2011 13:50

First thing to say is that the prisons are full already. Judges are told to use prisons only as a last resort.

I'm not a criminal specialist, but I do know that being a BF mum means that you're highly unlikely to go to prison, even if they were contemplating that (and I don't think they will).

Hopefully a crime specialist will come on and post you some more helpful advice.

As for feeling down - that's perfectly understandable. Go and see your GP about dealing with depression.

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jjonesstewart · 09/06/2011 14:19

thank you for your!

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coccyx · 09/06/2011 14:47

Lots of excuses why you didn't keep HmRC updated. We all have things going on in our lives!
Guess how they deal with it depends on whether they think you are fraudulant and had no intention of letting them know.
Doubt you will go to jail.
Go to gp , get some contraception and help with feeling low

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frazzled74 · 09/06/2011 14:58

sorry to hear about yor traumatic hysterectomy, You need to get in touch with HMRC and ask them to review your tax claims and work out any over payments, ask them to work out a payment plan, seek assistance from citizens advice if neded and a debt counsellor. Dont ignore, be proactive and i am sure that you wont be going to prison, it sounds like you need a general check up for finances, and health.

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jjonesstewart · 09/06/2011 16:08

coccyx:
obvs I do not need contraception due the fact I had a full hysterectomy and yes I nearly did make but hey who bloody cares....

frazzled74:
thank you for your comments. will take on board. X

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HMTheQueen · 09/06/2011 16:27

OP: 12 litres of blood? 12? That's impressive considering there is only 5-6 litres of blood in the body.

Sorry - but you seem to have every excuse under the sun for not notifying HMRC. My husband died when DS was 7 months old. I still managed to notify HMRC. It's a phonecall.

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Collaborate · 09/06/2011 17:15

You can lose 12 litres if you keep putting it in one end and it keeps spilling out of the other. What do you think happens to people who lose 5 litres? They end up without any blood?

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DaisySteiner · 09/06/2011 18:04

From what information there is on the HMRC website, I think it's unlikely that you will go to prison. However you will be expected to pay back any money that you were not entitled to and will probably have to pay a penalty of up to 100% of the money that you were overpaid. The best thing you can do is be totally upfront with them and admit what you've done as this will reduce any penalty.

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jjonesstewart · 09/06/2011 18:18

Collaborate:
Yes I am fully aware how many liters of blood there is in a body and yes the fact remains I did lose 12 liters of blood and yes it has been one hell of an shock for me - I gave birth and held my baby for one minute then pass my baby to my partner and I looked down and I saw the amount of blood coming away from me and after that I do not remember apart from waking up in intensive care until and I am the1 in person out of 10 thousand people that it happens to and I am very luck to be a live. I was in theater for 4 and a half hours and what save my life was the full hysterectomy.

Daisysteiner:
Thank you so much for your comment, it has been very helpful in the matter - ur a gem.

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mamas12 · 09/06/2011 23:37

I would go to CAB they absolutely fantastic with me over Tax credit isssues, they seemed to have a hotline to managers to sort it all out while I was there.
Please ring and make an appointment with someon there who knows about Tax credits.

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TheSecondComing · 09/06/2011 23:43

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Message withdrawn at poster's request.

sneezecakesmum · 10/06/2011 19:34

Poor you jjones what a huge trauma you have been through. My niece had exactly the same as you and needed twice her blood volume replacing, and although the doctors were preparing to do a hysterectomy they luckily controlled the bleeding at the last minute.

I am sure your GP will provide or release your relevant medical documents with your authority to back up your claim that circumstances made it difficult for you to notify HMRC. Carefully list the problems you had and the dates in preparation for any enquiry they may launch.

I'm sure they will take into account your circumstances though you need urgent CAB advice and help for your depression and probable post traumatic shock disorder.

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cuckooclock · 11/06/2011 15:13

I think the best thing to do is to contact them (& / or CAB) and be honest, I am sure as stated above that no-one wants to send you to jail.
I told the HMRC when I changed my hours at work, however when I got my tax credit renewal through it had all of my old details on it. When I phoned them they denied me having contacted them previously. They make mistakes too!

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jaykaycee · 12/03/2012 17:20

Hi,
New to this site and would appreciate some help. In summary i received a tax credit review letter regarding the years 2010 - 2012. My husband and I had separated in 2003 due to him having a girlfriend and he went to live with his mother. At this point i registered as a single parent and was in receipt of tax credits. Unfortunately though my husband remained registered at our home address as his mother was claiming benefits and didn't want him to say he was living with her. We stayed apart til 2006 when his father took ill and he needed to move out. I agreed to let him have our home to be near his father while i stayed with my mother. I did consider a reconciliation until i discovered a second girlfriend! I subsequently applied for a divorce. His father died in 2006 and i didn't go through with the divorce as (a) i couldn't afford it and (b) i felt sorry for him. In 2007 on the advice of the solicitor we split our joint bank account and arranged a debt management plan. i moved back home and my husband went back to live with his mother. In 2010 my husband's mother became very ill and her landlord was selling the house they were living in and so i agreed for my husband to come and live with me as a short term solution. My mother in law died in 2010 and unfortunately i became ill and my husband had to look after me. However in January 2011 there was an incident of domestic violence and I threw him out again. Unfortunately though I was feeling so down I asked him to come home again. Now i'm facing the tax credit review and although my husband has only lived with me during 2010 - 2012, he has been registered at my address (except for the years i was living at my mum's) all along. If they go back further than 2010 then basically I will owe them £65k plus because the only person who can prove my husband lived elsewhere is his mother and she's dead! Will i be jailed? I have two children - one aged 18 and the other 13. Please can someone help me?

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RedHelenB · 13/03/2012 14:05

You won't be jailed but they may well look at it as a fraudulent claim. Have you got any paperwork to show you were living in the house alone- ie. bills just in your name etc.

Original poster - just give them the correct information & they will work out how much you need to pay back & how. And make sure they know that you are not in employment at present. Ring them up today & get the ball rilling - it will make you feel much better than worrying.

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Consent2trix · 27/06/2015 16:40

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