I need help about a HMRC tax overpayment.

[hellohello5]

I am so sorry for this but it’s gonna be a long one:
So me and my ex broke up in 2015, in 2016 I had a letter to say that I owed 305 (I won’t go to the pence) in an overpaid working tax from 2014. (This was actually half of it, so my ex would’ve had the other half which was also 305) and even though I explained that the working tax never went into my bank account, I agreed to pay it in instalments over a year. I paid it all off to the penny, then I got another letter in 2017 to say I owed a further £176 for over paid working tax from 2015, again, he would’ve had the same and I agreed to pay my half, so I did over 2 years this time; so all together I paid 482, and he would’ve had to pay the same
(We don’t talk at all and haven’t since 2015, there was a domestic violence case going in, I had to move house and haven’t heard from him or had a penny from him for his 2 daughters since)
Anyway, fast forward to today, I’ve paid my half or so I think. I received a letter today to say I owe £241, confused and actuslly thinking it was a scam I called HMRC to find out what’s going on, and they said becuase he hasn’t paid his half, they have halved his half and now they’re chasing me for it. I explained that this was not the agreement at the start it was agreed thet I paid my half which I did, and he hasn’t paid his half so now they’re coming to me for it? How is that fair?
Does anyone have any experience with this? Or any advice or opinions? Shoud I just pay it without a fuss? Or should I dispute it?
I’ve set up a direct debit today for the 241, to pay over the next year; but something just doesn’t sit right with me about it st all, what happens when I’ve paid it and he still hasn’t paid his half will they just halve it again and come to me again?
P.S I am sorry it is long and sorry if I missed any details I hope I didn’t.

The issue here is joint and several liability.

Basically this means that when you make a joint claim to benefit or open a joint credit/mortgage/council tax account, you are both liable for 100% of any arising debt. It is not split 50/50 as people commonly think. It doesn’t matter which of you received the payments, you claimed jointly for your joint benefit and are therefore jointly liable for overpayments regardless of whether you are together or not.

They chose to start pursuing it 50/50, but in fact you were both 100% liable for the whole amount meaning that when one person doesn’t pay they can recover it from the other.

That said, I think you should be writing to them to ask them not to pursue recovery from you as you paid “your half” in good faith and were led to believe that was the end of the matter - you clearly thought this was the case.

If you got your MP to write on your behalf I’m pretty sure the recovery action with disappear in a puff of smoke!

If your income is under £20k it might be worth contacting the Tax Aid helpline. They may be able to help or advise. Taxaid.org.uk

Something similar happened to me a few years ago. I also paid my half, despite the over payments going into ex's account after we'd split so I never received the money. When he didn't pay his half I received another bill. However when I phoned them and explained I'd already paid my half, they accepted that and no longer chased me for the money.

Same thing happened to me in 2014 we had a joint claim and split up in 2010 I paid my half and then a few years later they sent me a bill I remembered the exact amount and I called them advised I had already paid my half and they needed to chase him for it they checked that I had and confirmed they wouldn't chase me again for payment . We are in 2019 and not had any further letters regarding this. My advise to you would be to tell them you have paid your half and you are not going to pay his . I think they ended up taking it out of his wages in the end . Hope this helps

Please be very careful, I received a letter yesterday apparently from the HMRC about tax and working credits. But felt something was a little off when I saw the phone number the letter gave, which started with 0300. Almost all HMRC numbers start 0345. I rang the 0345 that I looked up myself spoke the the HMRC who confirmed the letter was a scam.

Thanks guys, you've been a huge help, I knew something wasn't right and I'm glad to know I'm not the first person they've tried this to, just feels wrong I would've ended up paying nearly £1000 for money tbat I never received in the first place. Thanks again! I'll be on the phone first thing tomorrow

I used to deal with tax credits over payments until very recently. You only have to pay your 50% and nothing more. The only time this could happen would be if you or your ex partner had been moved onto universal credit, they sometimes mess up with who paid what and split what's outstanding between you again despite your paying your half. HMRC have just taken on a lot of new staff quickly to backfill experienced staff who were moved onto work to do with EU Exit, so they wouldn't necessarily check to see if this was the case and are probably just trained in setting up the time to pay arrangements. If you contact them again and advise you've already paid your 50% they should cancel the direct debit for you and arrange a repayment. I think 0345 302 1429 is the direct number to speak to the debt management team. Hope this helps xx

I would also get in touch with CMS and see if you can get maintenance from him even if it's the minimum £5 per week.