Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Tax credits investigating fraud as ExH refusing to change address

(22 Posts)
ilovemilton Fri 03-May-13 13:25:18

Separated from ExH in October, and informed Tax Credits after a couple of weeks.
I have had a letter from tax credits, wanting to know why I am making a single claim instead of a joint claim, as it appears that ExH still lives at my address. From threads on here, this appears to be a current thing they are doing. They ask for proof that he no longer lives at this address, proof I am a single parent etc. otherwise my claim will stop and I will have to repay.
However, my separation is not amicable, and ExH is claiming that we are still together and is refusing to change his address. He currently has DVLA, bike registration and insurance, Drs, bank, work all based at my address and is applying for credit using the address. He is still on the electoral role at my address, refusing to complete the new form sent to his new address where he is staying with a friend. The friend is also claiming single council tax but the council weren't interested in this either.
I have rang round all of these places and all say the same, that he needs to do it himself because of data protection etc.
I therefore am struggling to find evidence that we are separated and unless I can prove so by 15th May, my payments stop and I will have to repay the whole claim, be fined etc.
I have utilities bills and bank statements, but no other evidence. The letter says you cannot phone to discuss the issue until they receive the evidence. I really don't know what else I can do. I can't afford without the money and I certainly can't afford to repay any money back.
I don't understand why I can't get him removed from my address and why places like DVLA aren't interested, as I thought it was an offence to not change your address. Also, is his insurance valid if he has the wrong address?

Alwayscheerful Fri 03-May-13 13:33:14

I recall the electoral forms were sent out around October, if you do not pot them the council send someone to your house to collect a declaration. The householder makes a declaration regrding the occupants ie you have to sign and date the declaration of occupants - adults 18 and over (i think they ask for any 17 year olds details too) Did you sign the form and send it back?

Ring ypur local council ask to speak to electoral roll department and they will check your entry, if your ExH is still on it ask them to remove him, ask them to write to you and confirm this has been done.

ilovemilton Fri 03-May-13 13:36:45

I have done this, he cannot be removed unless he requests it in writing.

Lonecatwithkitten Fri 03-May-13 13:37:38

My ExH is also still using my address. On the advice of my solicitor I have given him 14days to at least put a mail redirection in place or I will start to return all the post to the senders. The Post Office are not allowed to redirect DVLA mail this gets returned to them as it am offence to not change your address with them. As ExH's car tax is due shortly after the 14day deadline I expect this to quite rapidly resolve my issue.

Lonecatwithkitten Fri 03-May-13 13:38:47

Oh and when the electoral role form arrived it said put a line through those no longer living at the address so I did as far as I am aware he's not registered to vote anywhere,

ilovemilton Fri 03-May-13 13:39:38

Sorry, in answer to your first question, I had to stay away with the children during October, he completed the form with both our names on it.

ilovemilton Fri 03-May-13 13:45:07

Lonecat, if it is an offence to not change your address with the dvla, why can't anyone else report it?
He does everything online, so post isn't the issue. My solicitor has asked him three times to change his address but I can't seem to be able to enforce this.

Lonecatwithkitten Fri 03-May-13 13:49:58

I'm not certain why no one else can change it, but I have been advised that as DVLA can't be redirected this is the most effective way of forcing address changes as insurance details should match driving licence and log book etc.

Alwayscheerful Fri 03-May-13 13:50:32

Who signed the electoral roll declaration, you or your ex husband?

ilovemilton Fri 03-May-13 13:52:26

ExH signed the form saying we both lived there. This was after I had left. I returned to the property with the children some weeks after, once involving solicitors to get him to leave.

ilovemilton Fri 03-May-13 13:53:46

Nothing will come from the dvla until August, so this does not help with the tax credits situation.

Alwayscheerful Fri 03-May-13 13:54:36

Sorry I have just noticed you signed it, get back on to the ER department at the council and tell them they did not action your declaration, if necessary ask for a copy of it and an explanation as to why they did not deal with the form correctly, they exchange information with council tax and benefits departments. Escalate to a formal complaint if necessary, ascot speak to a supervisor.

Alwayscheerful Fri 03-May-13 13:54:58

Ask to speak to manager or supervisor.

If you got solicitors involved with making him leave the property, would you be able to use any of that correspondence to prove that he's left?

KirstyJC Fri 03-May-13 13:57:28

I was going to say that - if your solicitors have asked him to change his address as he doesn't live there anymore, perhaps a copy of that letter would be evidence?

ilovemilton Fri 03-May-13 14:00:34

I have got a copy of the letters asking him to change his address, but as he refuses to, it really does look like he still lives with me, because everything he uses is still here. Its so frustrating!
There has been loads of publicity lately of people being made to pay claims back even when they have all the proof they have been asked for. I'm really scared about it all.

holidaysarenice Sat 04-May-13 00:02:09

I would write to everyone stating he no longer lives there. Return all post to sender. Use a copy of a solicitors letter for evidence that he has moved.

And email maybe to him asking him to remove and confirm he has done so. If he emails back saying no, you have your evidence.

ilovemilton Sat 04-May-13 19:54:40

I have written/emailed/called everyone. They all quote data protection and won't change anything until he writes.
I have sent him one email since we split...and had a letter from his solicitor warning me not to...

Isityouorme Sun 05-May-13 07:06:06

Return every letter back to the sender....

penguinplease Sun 05-May-13 07:25:53

This happened to me, my ex disappeared over 3 months ago. I have no idea where he is. I wrote to everyone to let them know and changed all direct debits to be out of my account. Not once was I told I couldn't do it though so I'm baffled by the data protection issues you're being quoted.

I found the tax credits investigator to be lovely, I spoke to her on the phone and explained it and she said it was fine and actioned my claim.

If you had to get a solicitor to help you get him out surely there is documents there that prove he has gone??

Xenia Sun 05-May-13 12:34:09

Yes, put together a package of letters and keep a copy. This will include letters fro your solicitor to him telling him to get the addresses changed, copes of emails from you to him.

Get statements from anyone who knows him and you -with names, dates and signed saying what happened, one from you, one from any adult children, one from his or your parents, neighbours, his employer as many as possible all signed and all stating exactly what happened and when he moved out. it is all evidence.

You could also photograph him leaving his current place if you know where he lives. That is not illegal if he is in the street and that could be evidence he sleeps somewhere else.

You involved solicitors to force him to leave so there will be loads of lovely evidence there - perhaps a court order excluding him, letters between your solicitor and his.

Xenia Sun 05-May-13 12:35:36

I don';t see why two families cannot be made to live together if there is too much space in a house when it is just social housing. It is not supposed to be hotel like and luxurious. Stick single mothers with babies into these spare rooms. Make different people share.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now