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My former employer /fraud / using my NI

30 replies

Jazzandblues · 31/10/2022 09:48

I need some advice. A company I worked for untill 2019 is still on hmrc's system. When I left in early 2019 she issued my p45 and I moved on. Due to circumstances, I had to work reduced hours and needed to claim benefits.

I declared my earning. I was informed I would be entitled to much less and asked why I haven't declared the other place I work at. It turns out was told I am down as working in two places. I disputed this but HMRC has given me information to the effect that I had income from the former workplace in 2019/21. They started an investigation back in Jan but haven't heard back anything.

I spoke to the woman I worked for and she has not been helpful. I asked why she is paying someone who is using my NI. She said that's not true. I asked for a letter confirming when I left and the date of my last payslip. She wrote me a one sentence letter with no company logo or even her full name on it.

What can I do? I am planning to speak to my mp today but this has been very distressful. Shocking that HMRC is taking this long.

OP posts:
FaazoHuyzeoSix · 31/10/2022 09:51

You can get your full record of NI contributions at the hmrc website. I can see amounts every month that match up with my payslips. You'll need to register for access but should be able to get details there.

Isaidnoalready · 31/10/2022 09:52

Have you still got your p45?

Jazzandblues · 31/10/2022 10:00

Yes. I having seen the earnings for 2019/20/21 and even now in 2022. I have registered and verified. Again I have flagged to HMRC but they are telling me they are looking in to it and have been since December/January this year.

OP posts:

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Jazzandblues · 31/10/2022 10:02

Isaidnoalready · 31/10/2022 09:52

Have you still got your p45?

I do. It was issued back in 2019. I honestly believe she put my details back in. I have looked at my tax code and again flagged it but nothing has been done yet.

Who can I report her to.

OP posts:
FatEaredFuck · 31/10/2022 10:04

Are you trying to claiming UC? Put a complaint in. They say it doesnt make a difference but it does.

Jazzandblues · 31/10/2022 10:19

FatEaredFuck · 31/10/2022 10:04

Are you trying to claiming UC? Put a complaint in. They say it doesnt make a difference but it does.

Yes. I am. Do I have to submit anything with the complaint?

OP posts:
HanSB · 31/10/2022 10:26

You have access to the HMRC government gateway to see all your records? I have had a few issues that needed resolving by HMRC and its taken months. I think they are really short staffed. Print out the statements and I would highlight any which are wrong where you haven't been working. Send it by post and email and make sure all phone calls are logged. Unfortunately you need to be persistent as they are so slow and useless. I wonder if there's a fraud department you could speak with if she has you on the payroll still. Good luck

Swivellingbrat · 31/10/2022 10:29

Escalate it through the HMRC complaints process. Tell them it is causing you worry and distress. Also that you believe someone is using your info to commit fraud. The complaints process is on their website.

Swivellingbrat · 31/10/2022 10:32

It could be part of an ongoing investigation and they cannot reveal the details to you because it’s illegal to reveal it. Just ask for assurance that their records are straight and that they have on record the fraudulent view of your NI number.

FatEaredFuck · 31/10/2022 10:59

Unlikely to cause any other issues with identity fraud but perhaps worth running a credit check too.

It's likely to be q lazy disorganised payroll system but just in case

WeAreTheHeroes · 31/10/2022 11:13

I once worked somewhere where the person running the payroll kept a leaver on it and changed the bank account details to their own. If you've flagged to this to your former employer and nothing has been done, is there anyone higher up in the organisation you can go instead of the woman you've spoken with already? If there is, speak to them and if there isn't go to the police. It's fraud. Your HMRC record is proof they haven't removed you from their payroll.

Jazzandblues · 31/10/2022 11:34

I have just logged in to my tax account and I can see it all these dated payments. So I am totally still on the payroll.

OP posts:
underneaththeash · 31/10/2022 11:38

I’d email your former employer again with the print out of the payments again and say that you’re going to have to involve the police as there is possible identity fraud.
Can she double check before you do so and get back to you within the next 48 hours.

Jazzandblues · 31/10/2022 14:11

underneaththeash · 31/10/2022 11:38

I’d email your former employer again with the print out of the payments again and say that you’re going to have to involve the police as there is possible identity fraud.
Can she double check before you do so and get back to you within the next 48 hours.

I have just called her and she has denied everything. She has told me it's an error on HMRC end. Can't explain why her company is paying is supposedly paying someone yet she doesn't know and cares for finding out.

OP posts:
HanSB · 01/11/2022 13:43

Who runs the payroll at your old employer? Is it the person you are speaking to? This is serious, you need to tell them they will be investigated for fraud by HMRC. I think someone has you on the payroll but is paying themselves. Log the dates you have spoken to the employer to include in your report to HMRC.

Theunamedcat · 01/11/2022 13:45

Yeah you need to go higher up they have made a mistake at best and fraud at worse

Papershade5 · 01/11/2022 17:46

It might be a mistake, I did so some.one off casual work once, earned 100£ then the next year HMRC issued me a new tax code as they thought that it was £100 a week ongoing. I think k it is if the employer reports the leaving late

Fuuuuuckit · 01/11/2022 18:03

I once worked in a pub where the landlady did exactly this to a number of 'former' employees.

One of those had the same experience ttlrying to claim benefits, so told LL that she either pay her the 'wages' she'd not been paid but taxed on, or she would inform the area manager, press and HMRC and report her to the police for fraud.

LL called her bluff and lost her job 2 days later...

WeAreTheHeroes · 01/11/2022 19:01

The OP's contacted this person at least twice - it's not mistake, it's fraud.

WeAreTheHeroes · 01/11/2022 19:08

If you are claiming UC, raise a dispute asking for a mandatory reconsideration by making a note for your case manager in your online journal. Grounds are you would like to dispute the RTI amount as you no longer work for that employer. State what date you left the employment, what date you were last paid by the employer and how much. Upload copy of your P45 and a copy of your bank statement for the whole month of the UC. This will prompt DWP to investigate with HMRC.

You must make the note within 30 days of your UC statement.

Roserunner · 01/11/2022 19:12

Wow I run payrolls for several companies and it's extremely unlikely that this is an error. As an aside on the software I use you generate a p45 before fully confirming they have left so can print the p45 and cancel the process so she prob didn't remove you in the first place!

As someone else mentioned, did your old employer have someone else doing their payroll as they may not be aware you are still on it. Tho from the way you say they've denied it, it sounds unlikely.

I would involve the police and escalate it with HMRC, I'm surprised they have taken this long looking into it

Jazzandblues · 05/11/2022 21:41

Yep. Spoken to her again and no change. HMRC is telling me they can't do anything because "my employer" has confirmed that I am still working. I am going around in circles.

OP posts:
BigFatLiar · 05/11/2022 21:43

Can you complain to the police of identity theft?

Fuuuuuckit · 06/11/2022 07:20

BigFatLiar · 05/11/2022 21:43

Can you complain to the police of identity theft?

I would.

Who is the boss? Can you contact them directly? Huge fraud going on here, its a criminal act.

rightkindofwrongg · 06/11/2022 07:58

I’d speak to action fraud for advice

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