Being made to pay back a debt that isn't mine

ctb1982 · 4 May 2012 at 1:43PM

Hi,

This morning I got a letter saying £40 will be taken out of my JSA a month til 2017 for overpayment.

I think !!!!!!, ring them up, they tell me it is from a child tax overpayment from 2000-2001, so it clicks to me what it is.

I just recently split up with my gf, I was claiming for both of us and the claim was in my name, being taken out of our JSA was her debt for her overpayment for her child.

I tried telling the people on the phone we are no longer together and have our own seperate claims, and that it is her debt and they tried telling me its my debt as its in my name from 2000-2001, well, I only started signing on a year ago for first time ever, and the debt isn't in my name, it's in hers, our claim we had together was in my name.

I tried explaining all of this and that the debt is hers and that I don't even have a child, the response?

''Nothing we can do I am afraid, it's in your name from when you signed on in 2000-2001 for your child tax overpayment''

Arghhhhh, I never signed on then, I don't have a kid, we just had a claim together that was in my name, we are no longer together yet they say I have to pay back £2500!!!

I'm so angry.

salfordgirl · 4 May 2012 at 1:53PM

The problem is if it was a joint claim for tax credits then you are both liable. They will go after both of you for the repayment.

Hmm71 · 4 May 2012 at 2:01PM

You keep saying the claim was in your name so why do you think you shouldn't be liable for the overpayment? It doesn't matter if the child concerned was yours or not, it was your name on the paperwork. Either suck it up and pay them or try to establish a case for why you shouldn't pay and appeal against the decision. Might be worth contacting CAB for further advice.

ctb1982 · 4 May 2012 at 2:02PM

It wasn't a joint claim for tax credits, this was from 2000-2001, I only got with her in 2010.

ctb1982 · 4 May 2012 at 2:03PM

Hmm71 wrote: »

You keep saying the claim was in your name so why do you think you shouldn't be liable for the overpayment? It doesn't matter if the child concerned was yours or not, it was your name on the paperwork. Either suck it up and pay them or try to establish a case for why you shouldn't pay and appeal against the decision. Might be worth contacting CAB for further advice.

The JSA when we were both on it was in my name, the debt was from way back before I knew her in her name.

The payment was just coming out of our JSA.

ctb1982 · 4 May 2012 at 2:05PM

McKneff wrote: »

Both of you would have been joint and severally liable for it, you are the one who they have caught up with.

Why do you say its her debt and that you dont have a 'kid' (child)

Is the child yours and do you pay maintenance.

If youre short of money, ask them if they can reduce the amount each month. Mind, the more you pay the quicker it will be paid off. If you keep on paying it when you get a job it will be paid off even quicker. Saves them taking it again if you have to claim benefits in the future.

I don't think a lot of you are understanding. (Maybe my fault for not being clearer)

The debt was from 2000-2001, HER debt.

We got together in 2010 and changed from single JSA to couples JSA (The couples JSA was in my name, not the debt, that was from way back before I knew her), therefore her debt got taken out of that as that was only way she could pay it. She has always paid back on it, either from her own JSA before she knew me, or the couples JSA from when we got together.

I don't have any kids.

Now she is claiming again as a single person, therefore it should be taken out of that, not mine.

ctb1982 · 4 May 2012 at 2:31PM

Just spoke to them again, this time the woman was bit more helpful and understood and agreed with me, and said someone will ring back.

Heard that before...

McKneff · 4 May 2012 at 2:47PM

Hope they ring you back, I have deleted my post because as you say you could have been clearer in your OP so my advice/questions are meaningless.

Good luck.

ctb1982 · 4 May 2012 at 2:53PM

McKneff wrote: »

Hope they ring you back, I have deleted my post because as you say you could have been clearer in your OP so my advice/questions are meaningless.

Good luck.

Thanks mate, yeah reading back I wasn't clear enough.

Hmm71 · 4 May 2012 at 3:00PM

That does make more sense ctb1982. I would definitely appeal against the decision, get them to look again at the fact that you are now single and it was her debt, not yours. Where I live there is a charity that offers independent advice and representation to claimants. Do you know if there's anything like that where you are that might be able to help you?

just_trying · 4 May 2012 at 3:05PM

If it's the job centre that you phoned they normally phone you back within 3 hours. I don't see how they can possibly take the money of you as you are not jointly responsible for the debt as you were not even with her at the time. I am sure it will be sorted out quickly once they realise they have made a mistake. I would be tempted to ask them for written proof that it's not your debt and they will not be pursuing you for it, just incase they try to take money out of your jsa.