HMRC accusing me of fraud Help!

[Clueing4looks]

Hi

I really need some help and advice as I’m being sent round in circles and don’t know which way is up at the moment.

I split up from stbex husband just over a year ago. He moved out and in with his brother.

There was low level emotional and financial abuse - I paid the majority of things and he spent his money on himself.

We have one child.

I work 30 hours a week and receive working tax credits and child tax credits (will be switching to Universal Credit in November)
I receive £120 child maintenance per month (private agreement)
They also pay the majority of my childcare.

I’ve received a letter from the tax credit compliance team that they believe I am claiming as a single parent when I have had my husband living with me.

I called them and have to send proof he moved out and evidence of all bills in my name from that date.

I can provide all of the bills (they’ve always been in my name), but he still has his car registered at my address and 6 months ago took out a mobile phone contract at my address - I didn’t know until it turned up. He also has a catalogue registered here. He won’t change the addresses, and thinks he’s entitled to carry on using my address until the house sells. He also doesn’t have a tenancy agreement for his new place, or any bills there in his name, he’s not on the electoral roll (thinking because his brother would lose 25% discount but not sure if that’s true)

Tax credits compliance team have told me that this is enough evidence to prove he still lives with me. They’re saying If I can’t provide all the proof then I will have to pay back the tax credits I’ve received and could likely be prosecuted.

I don’t know what to do.

Has anyone been in this position before? What did you do? What was the outcome?

I feel like I’m banging my head against a brick wall.
I’m phoning in sick today as I have a major headache and had no sleep so will lose a days pay as well.

Will try to be productive and call the DVLA but will they speak to me about him?

Do you have evidence of the maintenence that he pays you? Are his bank accounts registered at your house? Can you get statements from people who know you have split up? Where is his registered address for work?

are you the wife in this thread ? www.mumsnet.com/Talk/am_i_being_unreasonable/3368051-to-think-she-s-being-a-right-cf?msgid=81097504

I have not much advice but if I was in your shoes I'd contact DVLA, the phone company and say he doesn't live at your house anymore. If you have any letters write that he doesn't live there on the envelope and put them back in the postbox

Contact Citizens Advice for an appointment asap. I think you will be ok xx

This was a couple of years ago I was asked to produce evidence that I lived alone too.

I just sent them everything they asked for including court documents showing I was divorced.

In my case they investigated as ex’s name was still on mortgage. I was able to show I was the only one paying into the mortgage as well, I wrote a letter with my bank statements pointing out the payments each month from my bank account and the corresponding amount going into the mortgage account.

As there was nothing coming in from ex apart from child maintenance they accepted it.

If your ex is taking out loans attached to your property just send any documents addressed to him back to the company stating on the envelope addressee does not live here.

They did this with me a few years ago, I was panicking because it was so threatening but I’d given them all the proof I had!

Contact the CAB, explain your situation and ask them to mediate for you with HMRC. They sorted it out for me.

@wasthataburp I don’t think so but how similar. Must be HMRCs time of year that they go after single parents.

We have no mortgage- it was paid off with a windfall.
I’ve started divorce proceedings but ex is stalling. I want to sell the house but he’s playing games (a whole different thread)

I actually think today is one of the days the CAB is open this month so will see if I can get an appointment.

If you have started divorce proceedings and the official paperwork shows that he has moved out then use copies of those documents as evidence and send to hmrc. You can redact any sensitive information.

They have done this to loads of people. There were whole full threads on it. Just get as much proof as possible that he has left and you pay the bills.
Can you get proof he is with his brother ?

In regards to Universal Credit how did you find out you were being switched over ? I didn't think they had started that yet for those on tax credits . I'm dreading it .

I told them I have documents instigating divorce proceedings but they said that they don’t prove he doesn’t live with me. So not applicable.

@dorkdiary I know, I’m quite worried tbh as I’ve heard loads of horror stories.
They said everyone gets switched over unless you have more than 2 children.

I don’t know how it works, have buried my head in the sand a bit but I am scared.
It’s the childcare element that I’m most worried about as that’s the biggest portion of the benefit. If they take that then I can’t afford to have dc in childcare so will have to give up my job.

MY DD, same as you had split, wasnt working at that point, DKs 2 and 3, HMRC claimed partner was living with her, she said they had his address, they deneyed it, YET, had sent him a tax return to the address where he was actually living, she (and he) gave the references from the letter, officials said they "would look into it", unfortunately you have to keep on at them.

Dies your ex have a lawyer? Do you? Maybe you can ask them to provide a letter stating his address. What about his gp? Is he still registered at your current address? I think you are just going to have to contact everyone who sends him mail to your address stating that he no longer lives with you and his new address is x. Hopefully they will send everything to his new address and you can use that?

Agree you should return any post for him to the sender. Write on the envelope that he no longer lives there. I don’t have any real advice re the HMRC but YY speak to CAB.

Hope you get it sorted.

Contact Citizens Advice for an appointment asap. I think you will be ok

Exactly this. It will be OK; if you were prosecuted it would be incredibly stressful but you would win as you are genuinely not committing fraud.

Write our a truthful timesline of events.

List actions that you need done ie contacting companies to say you believe your address is being used falsely.
Do you have an example address for him? Can you send an email requesting that he removes his name/links from the property?

What about your council tax bill? Presumably you can show that you're getting the single person discount because you live alone with your child?

You mention DVLA. You have to have your current address on your driving license. Doesn’t matter if you own a property, if you don’t live there you cannot use that address for a driving license.

So, if he hasn’t updated his driving license then DVLA will be interested in the info.

I would tell them he has moved out, give the date.

Get yourself to CAB or find somebody in RL to help you.

All this thread is going to turn into is posters listing helpful or unhelpful examples of how you can show you are separated. But we don’t know in and outs of your finances, life or separation. So posters will constantly be making repeated stabs in the dark and you will be saying why they do or don’t work in your circumstances.

You know all these things and will need to get your thinking cap on. A truth is way easier to prove than an untruth. He wouldn’t be the first person to not change address details for convenience and they know it and the courts know it. You just need to back up the plausible explanation with some evidence.

The bottom line OP is that you will need to identify and collect evidence that he moved out 12 months ago and never returned. A continuous narrative as they will be aware that he could have moved out and then back. It might not be just one thing. At the very least your financial history will show he is not supporting you other than with the maintenance payment. Letters and communications to schools, solicitors, to him will all show the reality. A statement from a trusted person.
The CAB will help you write a letter explaining what has happened and offering to provide evidence. This will put a halt to the action.
But
Stop being passive and take action to formalise the separation and prevent him from using your address. You should ensure he is paying council tax at the right address. If you are getting single person discount as well as his brother then the council will something is amiss there as well. Not immediately taking action will raise a question mark about the situation and your veracity. Non payment is fraud and you shouldn’t be complicit in what he and his brother are doing any longer. Nor are you responsible for the consequences for them.

When me and my ex split up, but while I was still living there, I was told that I could claim in my own right as although we were living in the same house, we weren't together.

I would get as much evidence as possible, as has been suggested, but would also look into the legislation and use that, saying that while we are living apart, even if we were in the same house, I would be entitled to apply in my own right.

Good luck!

this happened to me with my EX H. He moved out and into a flat with a friend (who already rented the flat, so tenancy agreement, bills etc were all in his friend's name) and EXH used to just hand over a cash payment each month to cover his share.
Tax credits decided further down the line that I had to repay my tax credits that I claimed as a single parent (which I was) because I couldn't provide evidence that he was living elsewhere, so they assumed it must have been some kind of a fiddle. He refused to help me prove that he was living elsewhere as he had no incentive to do so (they weren't chasing him for money -therefore it wasn't his problem, as far as he was concerned). Took me bloody years to pay off, and I felt that I couldn't claim tax credits in the meantime, so I struggled on my single wage, working all hours for many years as the whole thing left me very confused about what I was/wasn't entitled to claim, and wary that anything that I did receive may be asked to be repaid at a later stage.

I had a letter op a few years ago saying that they did not believe that DS was in nursery. I send them proof and they backed no. No apology as all.

@dancinfeet this is what I’m scared of.

He’s not on the electric roll here I don’t think - I had the yearly letter and crossed his name off before I sent it back and I do get the 25% discount but that’s not enough on its own. He’s refusing to give any evidence of not living here.
His bank statement don’t come here so I’m presuming he’s changed that, but then again I get all my statements online so I can’t be 100% about that.

He gives me maintenance in cash. He’s self employed so I know if I went through the proper channels to get the money it will be difficult, and I can’t really do without it at the moment.

I’ve called the dvla and said that there’s a car registered here arhat shouldn’t be and they said they’d take it off their database but he has to contact them himself to change the address on his licence. I doubt he will though.

Have an appointment at the CAB for the 21st so at the moment all my hopes are on them helping me.

I’ve printed off bank statements, gas/electric/water statements, broadband, council tax and matched them all up to my bank account. There’s nothing going into my account from him at all except for last Christmas when he transferred £150 towards dc present, but the reference is XMASdcs name so I’m hoping they’ll see that’s what it’s for.

Written a timeline of events adding in things like when he paid maintenance, when he got the phone, and printed off the text exchange from when it got delivered. Also found some texts from when he first moved out asking when he can come and get the rest of his stuff, and arguing about the tele. Don’t know if they’d be helpful but printed them anyway.