tax credits legal proceedings

browolf

so years ago, 3 or 4 i got tax credits with a woman. and then we split up and there'd been an overpayment. I paid half of it which seemed fair, and she clearly hasnt paid any of it cos now I've got a warning of legal proceedings demanding the rest of it.

I refuse to pay any more of it cos I've paid what seems reasonable, even tho she technically would have gotten more of it than I did.. Back when we first got noticed of overpayment she wouldnt tell me one way or the other what she was doing about it and the tax credit place wont tell me what dealings they've had with her over it so Im kind of in the dark.

I've phoned up and asked for a form to dispute paying the rest of it, which they're sending me. but i was wondering what "commencement of enforcement proceedings"
leads to. the amount remaining is £377.

SomeBozo

Who was the tax credits in the name of?

Bozo

browolf

SomeBozo wrote: »

Who was the tax credits in the name of?

Bozo

both our names...joint

SomeBozo

OK, so your approach sounds reasonable.

Did you keep a record of your payments back? You need to include this in the form your return.

It should be a open and shut case.

Bozo

suelees1

Unfortunately I believe you both have 'joint and several' liable so they can pursue either of you. You've done the right thing disputing it as they do have discretion to write off or reduce.

They might agree you've paid a reasonble amount but legally they can demand it from you. I don't know what a district judge would decide in this case but if it went that far there would be costs on top as well so it's better to try to get it resolved as you are doing.

ellyf

'joint & several liability' means that they can accept 50% off each customer, & then if one doesnt pay, the one who's already paid 50% can be asked to pay the remaining amount - as you're finding out. they will normally do everything they can to get the other person to pay though. on everything you sign - application forms, award notices & renewals it reminds you of this. they are well within their legal rights to take both of you to court - as to what a judge would decide i couldn't say. good luck.

System

It's not much comfort to you I know but your ex will have received the same letter.

surreysaver

It would seem logical to me that they should reclaim it off the person who has been paid the money. After all, you cannot ask them to pay tax credits 50/50 to each claimant, can you?

suelees1

My understanding is that it was a joint claim based on their joint income with both having access to the award. It would seem fair and reasonable that any overpayment is apportioned but it doesn't work like that.

It's a bit like an overdraft on a joint account or entering into a joint loan or even council tax if you've been living together. Both are jointly and severally liable so either can be pursued for the full amount.

surreysaver

But they don't both have access to the award. It can only be paid to the parent who receives the child benefit.

suelees1

It just mentions tax credits not necessarily child tax credits. Mind you it doesn't matter which one it is, the claim is a joint one based on both incomes with both siging the claim form. It isn't paid 50/50 each as it can only be paid to one but it is expected to be shared...this is what benefits are about as a couple.

We can use an example of say JSA or IS. It's only paid to one of a couple but is for the benefit of both.