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Tax Credits Stopped by H.M.R.C.(6 Posts)
The Tax Credits I receive for my 6 year old son have been stopped by H.M.R.C. who say they have evidence that my ex-partner is still living with me. They are asking that monies paid to me for the tax year 2013 and this tax year be repaid. My ex-partner who is my son's father has not lived with me for going on 4 years. I have taken legal advice but the solicitor can only go so far to help on a pro bono case. I am willing to go to a Tribunal to prove my case but have today received a letter from the solicitor advising that H.M.R.C., are not prepared to wait until the outcome of the Tribunal but want me to start paying back this so called overpayment. My ex-partner has not changed his address on on his driving licence and has also not advised other bodies of his new address. I still receive post in his name which I have returned but I am now returning it with a covering letter advising them of his new address. In fact, he recently opened a new bank account using my address. I live in a rented property and the lease is in my sole name as are all the bills for the property. We have a joint account which is not in use but had an overdrawn balance and am in the process of having my name removed from it but, of course, the the overdrawn amount has had to be repaid first.
I cannot understand why H.M.R.C., are wanting me to start repaying this so called overpayment before the Tribunal or is this just bullying tactics? Also, why are they not investigating him? They have also suggested that I should have claimed Tax Credits as a couple but this was not the case, so in effect, they are requesting that I commit fraud.
Any help would be appreciated.
I don't have experience with this but keep a log of your letters. Ask them if there is an agreement you can come to temporarily. They may refuse but if you ask to speak to someone senior. I wonder if anyone on the legal board can give you some useful advice.
Sometimes arranging a temporary affordable repayment plan works. So then they don't send debt collectors because some money is being repaid. It's not ideal but it gets them off your back till the tribunal hopefully.
What evidence do they have and why did he open a bank account at your address?
When was the decision made to end your single claim? Have you made a mandatory reconsideration request?
You need to get all evidence you can of being single, Dating back to April 2013.
Tenancy agreement, council tax, bank accounts, a thing from dc schools etc. hmrc will always seek to recover overpayment whilst appeals are on going.
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Is this for real?! The poster above?
Look at the threshold for tax credits and you'll see you can work full time and earn above the national average and still be able to claim tax credits.
Anyway, I think with him having bank accounts and stuff in your address, it makes it difficult. But if he can show on paper that he lives somewhere else it may help.
I know there's a lot of myths surrounding the whole 'living together' thing.
Usually, when people have been reported by nosy neighbours who have seen the ex partner visiting frequently, the advice is to show that the ex doesn't live there by proving that he is responsible for living costs at another address.
Hopefully you have a good relationship with him so that he is able to help you.
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