To think she's being a right CF?

[itchybumhole]

A bit of background first, and I'll try my best to give all the relevant information, but as I don't know much about the workings of the system I'm unsure what I need to include.

My partner split with his wife 3 years ago after 13 years together and 7 years of marriage. They have an 11 year old child together. Their marriage ended very acrimoniously after a series of infidelities on her part.
When they separated he immediately moved out of the family home with just his personal belongings and stayed with his parents until he could find a rental place. Since leaving he has paid her child maintenance by private agreement on a weekly basis.

She has today received a letter from HRMC saying she needs to repay tens of thousands of pounds in overpaid tax credits. The tax credits were paid to her during the time that he had left the family home. (He's always worked full time. When he left she went on to benefits. She hasn't worked in 13 years apparently).
The notice says that if she claimed as a couple then both parties must repay, so she called him today and said he's liable for half. His answer was... but how can I be? I have receipts for rent paid to my own house. I didn't benefit from this overpayment so why should I pay half back?
We're both so confused. What does he do now? I've told him to call HRMC but he's still smarting from the phone call from his ex wife. We're these benefits claimed fraudulently? And is he liable to repay half as she insists?
Thank you for any help or advice.

It would make her case stronger, yet somehow she doesn't want proof - she wants money from him instead. If it were me and I'd done nothing wrong, I'd want the proof.

Then They’ll make her pay from April 2016 in that scenario. I don’t see how him admitting he moved out in April 2015 will change that. So he should. Him admitting that will have no affect from April 2016. There will be no different repercussions. Which is why the ‘non comittal’ reference makes no sense.

And there’s no proof at all that she moved her partner in permanently in April 2016.

BUT HE HAS ADMITTED IT, HE'S OFFERED HER THE PROOF - WHAT MORE CAN HE DO?

she's non comital because she doesn't want his proof she wants his cash! she wants him to re pay half, which is more than the reduction would be taking the first years re payment off, obviously!

no proof that we have seen, but HMRC probably have plenty of proof. if she's stupid enough to make a fraudulent claim in the first place she's probably stupid enough to get caught.

Sounds like he can prove they were separated so no he wouldn't be liable. She's committed fraud and has used his name to do so. I would imagine he would be viewed as a victim of fraud if he did ever need to argue it in court about his involvement. He needs to seek sound advice though. I would tell him to get onto citizens advice and see what they say. His ex is clearly bullshitting in my opinion so I would tell him to ignore her. Is the demand to her name alone? Has she sent him a copy of the document asking for money? He'll probably need it to get any solid advice.

Replies would be completely different if the ex wife worked

No they wouldn’t. She’d still be just as much in the wrong for 1) the benefit fraud and 2) expecting her ex to come to the rescue. So the replies would still be the same.

if she's been claiming since lets say april 2015

from april 2015 - april 2016 - claiming properly - doesn't need to repay

april 2016 - 2017 - partner moves in claiming fraudulently does need to pay

april 2017-2018 - partner still there still claiming fraudulently needs to repay

We don't know any of that though - we don't know she's not eligible to claim with the new guy there, we don't know what he earns or anything, all we've been told is that he runs his own business - people seem to think that makes him a millionaire or something, but I run my own business and am not a millionaire, so....

The DP only needs to give his ex the evidence he had moved away, so she can refute the fraud claim - what she does with that evidence is up to her but the DP has not been contacted by HMRC so he should just give the stuff to her to deal with.

He also needs to get to court to stop her moving the kids away and he needs to formalise his CMS.

I’ve got a feeling it’s too late. Someone said before that you have 30 days to appeal. According to the op the ex wife asked for a statement to be signed weeks ago but he wouldn’t do it. Therefore hmrc have made the decision she has to pay it back. That’s why she’s asking him for the money. Because he wouldn’t give the proof he moved out in the timeframe she needed it.

@itchybumhole what was in the statement she wanted him to sign?

we do, op says it was her name only on the letter. she cant have been making a joint claim, if she had, it would be addressed to mrs ex and mr new guy. nothing to do with him being a millionaire, they might be entitled to claim as a couple, and that would be fine, but that's not what she's doing, she's still claiming as if she's single. ie more money.

would you sign a statement your ex had written smurf? absolutely no way in hell I would.

If it was to say that I’d moved out of the property on a certain date. Yes. Why wouldn’t I?

Someone said before that you have 30 days to appeal

Huh? She might already have appealed. Hence why she doesn't wish proof off him he didn't live there, she just wants cash.

why would you? I wouldn't sign anything that was written by someone who a) wasn't me, or b) wasn't a solicitor.

if op's dp isn't clued up on tax credits (which is sounds like he is not) he could have been signing anything

he didn't need to sign it, he needed to provide evidence, which he offered, and she didn't want. if she now has to pay it back i'd say its her own bloody fault.

I think if he told her no I’m not paying take me to court if you feel I am liable that would be the end of it.

The only thing he has done slightly wrong is applied for a loan at the address which was declined anyway (I’m sure I’ve read that somewhere) so it’s not even fraud it’s attempted fraud as he had no benefit from it. Op has said at no point did they claim benefits together so he has no liability.

I wouldn't agree to sign anything my DH passed to me without reading it first, and nor would he if I passed him anything. I certainly wouldn't sign anything my xH passed me without having it properly checked. OP's DP was very wise in that respect.

According to the op the ex wife asked for a statement to be signed weeks ago but he wouldn’t do it.

No, the OP said that he’d agreed to sign the statement as long as it was truthful.

He has offered the proof she needs and she has been “non-committal”. Not sure what else he can do

@SmurfandTurf you're being deliberately obtuse.

He agreed to sign the statement if it was truthful. The OP has not said that he was ever given this statement to sign or whether it was truthful or not. But if it wasn't truthful then he was right not to sign it.

It doesn't sound like the ex actually gave him anything to sign - not that he refused to do it in time.

OP. It doesn't sound like you've done anything wrong and it doesn't sound like your DP has done anything wrong. (The business of the loan being viewed as akin to some kind of fraud is hilarious.)

One bit of advice: your DP should communicate over messenger, engage but keep his cool, and collect evidence of coercion related to the child. In his shoes I'd be taking advice about a prohibited steps order against the ex threatening to move the child as a way to extract money.

What I don't understand is what, in the relatively harmless stuff you posted, caused you to pick up such an aggressive little following. Still, I suppose it takes all sorts.

Time for father to take custody of his child. Mother is obviously a money sucking shrew

Some of the comments on here are disgusting. And so. many assumptions being made.

The OP is not even living with the man, so it all has very little to do with her, her interference is only going to cause even more resentment from his ex, which is hardly in the poor child's interest. She also seems to be biting at the spit to find things the ex is doing wrong eg the bay selling when she hasn't necessarily done fuck all wrong! It's not true that the letter would be addressed to both her and her new DP - sometimes they send duplicates to each partner.

I don't think OP's DP is being completely honest here. The bit about the 'stony silence' sounds like a red flag to me. OP says he earns good money, too much for tax credits, so why was he turned down for a loan then? Why didn't he just use the address he was actually at? Worried he'd be chased there for former debts if he did? At the very least, his loan application using her address has probably triggered all sorts of junk mail addressed to him at her address which would have caused it to flag up to the DWP and resulted in all the grief for her.

I'd love to hear her side of the story.....

you can earn millions and still have bad credit!

I don't think OP's DP is being completely honest here. The bit about the 'stony silence' sounds like a red flag to me. OP says he earns good money, too much for tax credits, so why was he turned down for a loan then? Why didn't he just use the address he was actually at? Worried he'd be chased there for former debts if he did? At the very least, his loan application using her address has probably triggered all sorts of junk mail addressed to him at her address which would have caused it to flag up to the DWP and resulted in all the grief for her

in your words prick… so many assumptions being made.

I’ve got a similar thread running, only I’m the ‘ex’

www.mumsnet.com/Talk/am_i_being_unreasonable/3368800-HMRC-accusing-me-of-fraud-Help

My stbeh has so far refused to co-operate and seems to be doing everything to get out of making it easier for me to sort out.

I spoke to hmrc (a million times) and they said that a signed statement from my ex would be considered towards evidence that he moved out when he did.

As someone on the other side, I can only hope that your partner decides to do the right thing and confirm to hmrc the date he left.

Supposing HMRC have cottoned on that ex-wife's new partner has been living there for a long time, at least the 22 months....and are claiming the tax credits back. This would easily happen if new partner has changed bank address, or employment address.

Ex-wife has no means to pay, so tries to get a loan but fails...looks at credit file., sees failed loan application and tries to blame ex for HMRC wanting the money back as a means to raising the ££.

The ex should be going after her new boyfriend for half of the money. After all he has been living in the house that has benefited from the tax credits. The OPs DP had nothing to do with the money.