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Tax Credit overpayment in joint names. Please read

9 replies

sprinklesontoast · 29/11/2021 10:51

I’ve been split from my ex husband for almost 5 years.

It’s about a TC overpayment from when we were together.

As soon as the overpayment came to light I contacted the TC offices and explained that we’d split up and that he’d even left the country (which was completely true and verifiable if they’d wanted to check).

It was explained that because the overpayment was in joint names, then each of us are liable for 50%. I immediately set up a direct debit to re-pay my half.

That was a couple of years ago and my final DD payment is due to be taken next week.

There’s no hope of them being able to reclaim his, he was deported for DV and banned from the UK for at least 10 years anyway. He has no respect for the UK authorities/rules/the law etc so even expecting him to pay it would be a waste of time. His share would equate to approx. £630 I think.

Whilst on the plan to the re-pay my share, I’d still been receiving periodic letters re the outstanding balance (HIS share). I’ve rang the helpline and have been told to just “ignore” the letters and that they can’t be stopped as they’re automatic.

Does this mean they’ll increase the letters and pressure for his half to be paid once my DD stop next week? At the time setting up my DD, the advisor on the helpline went through it all with me and assured me that my final payment with be next week – gave me the date.

Anyone else in this position? How long will they carry on chasing in vain for ex’s share to be paid? Seems a waste of time and admin costs for them when I’m already explained he’s deported and to check with police/UKBA if they don’t believe me. This is just additional stress, I don’t like receiving mail with his name on – especially as it’s now been so long .

OP posts:
Flowerlane · 29/11/2021 10:54

I take it the letters are addressed to him? If so keep sending them back as not known at this address.

I would also cancel the direct debit after the last payment has cleared.

sprinklesontoast · 29/11/2021 10:58

@Flowerlane

I take it the letters are addressed to him? If so keep sending them back as not known at this address.

I would also cancel the direct debit after the last payment has cleared.

The letter are address to both of us (with it being about a previous joint claim). It's easily verifiable for them to check that he no longer lives there and has left the UK. Yes, will definitely cancel my DD after next week.
OP posts:
TakeYourFinalPosition · 29/11/2021 10:59

Have you got it in writing from them that they’ll only pursue you for 50%?

That’s the usual starting point for joint debts, and they reclaim 50% from each party, but they tend to reserve the right to pursue both parties for 100% of the debt if, for some reason, the other party can’t be traced.

This is from the Low Income Reform Group and matches what I understand to be the case - I’d try and get confirmation in writing from them that they won’t be pursuing you for any of the remaining debt, and then return all post sent to him as not at your address, although they may well continue to write to him if it’s the only address they can find.

I’m sorry you’ve had this to contend with Flowers

Tax Credit overpayment in joint names. Please read
Tlittle · 29/11/2021 11:04

Hi similar happened with me he wasnt working many hours and we split up I said il pay it all but they charged us half each
I payed mine and he to my knowledge never did and I never heard anything else about it x

BigYellowHat · 29/11/2021 17:55

DH had this for TC with his ex-wife although she didn’t leave the country. She point blank refused to pay her share (approx £750) so we did, in order for the clean break to be approved so we could buy our house without her having a claim. Believe me when I say it stung but it was a small price to pay.

Dithercats · 29/11/2021 22:11

Our overpayment was split 50/50 as we were divorced when it was discovered. I provided proof of this paid my 50%..they never contacted me again.

gamerchick · 29/11/2021 22:14

I got a letter last week from 9 years ago again chasing me for the exs half. We did the yearly rounds of debt collection agencies and then it gets sent back to HMRC and gets rehashed a few years later. Make notes of your first and final payment. When the debt collector calls, give them the dates and send it back.

I sighed when I saw that damned letter again.

gamerchick · 29/11/2021 22:14

*tell them to send it back.

gamerchick · 29/11/2021 22:21

Actually from 2009. Not 9 years ago. Thought that didn't sound right.

2009 man, got teeth those buggers.

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