Tax credits overpayment to ex-girlfriend of 18 months ago..

carl0s

I met a girl with three children, who claimed child tax credits. We dated, I moved in. Legally she then had to say that I lived with her, and put my name on forms. I have to fill in forms etc, and it become a joint application. I had no choice in this, other than to not move in, or defraud the government by pretending I lived elsewhere.

So the above is done (the filling in forms part, declaring income etc.). Money still goes into *her* bank account. I pay money into her bank account too to go towards rent etc, and I generally pay for lots of things.. fridge, freezer, microwave, carpet + fitting, laminate flooring, kids computer .. etc.

We break up after three years. I leave with nothing, except an impending credit card bill of £600 for the washer/drier that I bought a few weeks prior. I don't get to take that either, I just pay the bill a few weeks after leaving and moving into my grandparent's house.

Fast forward 18 months (now), and I get a letter from HMRC stating that she was overpaid £830, and as it was a joint application, and letters have been ignored etc (this is the first letter I've had), I am liable too. I rang them, and "it's a joint application." "money was paid to the household". I am liable for half the £830.

Fair or unfair? What would you do? I am penning a letter to them. The debt line lady was understanding but said I needed to talk to the regular people about it. Regular people were stern and unfriendly. "Action will be taken if you don't pay".

I am not even privy to the information that caused an overpayment to be declared. She presumably updated them on her circumstances in September 2009 when I left, and it is from this information that they have decided that overpayments had been made.

The house was/is rented, housing association. It was rented purely in her name. I had to live there for a certain amount of time before it could be a joint thing. Should I perhaps argue that technically I didn't live there, or that I wasn't half of "the household" ?

What do you think?

dmg24

You did live there, you were part of the family unit and hence you are joint and severally liable for the overpayment.

Sixer

Hi OP. To what period does the overpayment refer? Did you end your joint claim when you moved out? Did she?

carl0s

Hi. It refers to the period ending at the time that I moved out. I didn't do anything, I guess she must have since the date pretty much corresponds to when I moved out.

carl0s

dmg24 wrote: »

You did live there, you were part of the family unit and hence you are joint and severally liable for the overpayment.

Does that seem fair to you?

I think it would be reasonable for them to simply reduce her ongoing payments by a small amount per month until the overpayment is recovered.

dmg24

carl0s wrote: »

Does that seem fair to you?

I think it would be reasonable for them to simply reduce her ongoing payments by a small amount per month until the overpayment is recovered.

Of course it does, you benefited from the money so why should you not be liable?

carl0s

dmg24 wrote: »

Of course it does, you benefited from the money so why should you not be liable?

The money was given to her. It simply increased the bottom line on her bank account. How did that benefit me exactly?

If you are arguing that the money was actively used to increase my own quality of life or something (these are Child Tax Credits.. they were her three children not mine), then I would suggest that at best I can be said to have benefited to the tune of one fifth of the amount.

dmg24

carl0s wrote: »

The money was given to her. It simply increased the bottom line on her bank account. How did that benefit me exactly?

If you are arguing that the money was actively used to increase my own quality of life or something (these are Child Tax Credits.. they were her three children not mine), then I would suggest that at best I can be said to have benefited to the tune of one fifth of the amount.

Did you not benefit from the children being provided for? Would you have happily sat by and watched them go without?

Oldernotwiser

You're lucky it's not a joint loan, they'd be able to come after you for the lot!

carl0s

dmg24 wrote: »

Did you not benefit from the children being provided for? Would you have happily sat by and watched them go without?

My contributions to the family were what they were regardless of what she had in her bank account. I think you must be thinking that we lived on the breadline and that the way we lived was different because she was receiving a tax credits overpayment of £15 per week.

I didn't know what she had in her account, and neither did she. She actually believed her bank account was a bit magical because the cash machines never refused to give her money.

dmg24

carl0s wrote: »

My contributions to the family were what they were regardless of what she had in her bank account. I think you must be thinking that we lived on the breadline and that the way we lived was different because she was receiving a tax credits overpayment of £15 per week.

I didn't know what she had in her account, and neither did she. She actually believed her bank account was a bit magical because the cash machines never refused to give her money.

No, I am thinking that when people choose to live as a family they take on the liabilities as well as the benefits.

Irrespective of your feelings as to whether it is fair, you are liable for the overpayment.