Tax credits overpayment help

martincohen1979

Back in September 2010 I moved in with someone who is now an ex, we started a joint claim for Tax Credits. I filled my side of the form then she filled her bit and then it was posted. We were both working so I never expected to get much. I never saw nor can I find a notice for this period and all the payments went into my ex's bank account.

Then in June 2011 I open the renewal notice and was very shocked to see how much she had been receiving, the renewal notice said we were both disabled, I replied straight away informing them this was not the case.

My ex partner at the time claimed she didn’t realise how much she was receiving because all she had done was check her bank balance at the end of each month after she was paid her wages to make sure there was enough to cover the bills??????

About November 2011 I get a letter saying 2010 to 2011 I was overpaid by £3144.29. I wrote to them stating I don't believe this was my mistake and asked them to prove that the boxes were ticked, I've never received a reply. I spilt up with her December 2011 over this and the amount of debts she had run up.

About November 2012 I get a letter saying 2011 to 2012 I was overpaid by £1203.81. Again I wrote to them explaining that this is because of the same reason as the overpayment for the previous year and to date had not received a reply and again asked them for !!!!!! the boxes were ticked.

I never heard any more so a few months ago I wrote to them again asking for a reply or an update as I wasn't sure whether my ex may have paid some or all of it off (She did state that she would sort the tax credits out - I think she said this because she knew what she had received was wrong). I again asked if there was money still owing to send proof that the boxes were ticked.

Today I received a letter saying the two amounts are still outstanding and that I'm liable for half the amount and my ex the other half and although the letter says this is because the boxes were ticked to say we were both disabled, but again no proof.

Can they really keep chasing me for this money that was paid to my ex when they won't send the proof I've asked for?

Thanks

Martin

martincohen1979

blondebubbles wrote: »

It doesn't matter who the money was paid to. If it is a joint claim it is singed by both of you and you are both liable. Any overpayment would be split 50/50. All awards letters and renewals are addressed to both parties.

Where have you been writing to for proof? There is a specific address for this.

Even if you could see the original claim form and the boxes weren't ticked (which I think is highly unlikely) when the tax credits were awarded an notice is issued telling you the circumstances they hold for you. You have 30 days from receiving this notice to tell them of any inaccuracies. Copies of the awards notices can be requested by calling the helpline.

Thanks for your reply, the address I have written to is Tax Credits Office, Benefits & Credits, Preston, PR1 4AT.

The awards notice for this period I have never seen. I have all my tax credit award notices over the last six years kept with my self employed accounts / tax returns. I do not have this one. I don't know whether it was never received or my ex opened it and hid it after seeing the mistake.

I know if it's proven to be our fault I'm liable for 50% which I can just about pay but as I never had a penny of this money I want to see proof that it was a mistake by myself and my ex before paying any money back. Although I'm 99% sure I wouldn't have ticked that box, according to the Tax Credits we had both ticked the boxes, which I find hard to believe we would have both made the same mistake. What may of happened, bearing in mind it was 4 years ago, I believe I filled this form in first then my ex filled it in, did my ex tick the box after? Or was it never ticked and it was a mistake by the Tax Credits? I think it is fair to ask for proof but after asking 3 times I'm yet to see any proof of this box being ticked or the possibility of it being obviously different handwriting.

Icequeen99

martincohen1979 wrote: »

Thanks for your reply, the address I have written to is Tax Credits Office, Benefits & Credits, Preston, PR1 4AT.

The awards notice for this period I have never seen. I have all my tax credit award notices over the last six years kept with my self employed accounts / tax returns. I do not have this one. I don't know whether it was never received or my ex opened it and hid it after seeing the mistake.

I know if it's proven to be our fault I'm liable for 50% which I can just about pay but as I never had a penny of this money I want to see proof that it was a mistake by myself and my ex before paying any money back. Although I'm 99% sure I wouldn't have ticked that box, according to the Tax Credits we had both ticked the boxes, which I find hard to believe we would have both made the same mistake. What may of happened, bearing in mind it was 4 years ago, I believe I filled this form in first then my ex filled it in, did my ex tick the box after? Or was it never ticked and it was a mistake by the Tax Credits? I think it is fair to ask for proof but after asking 3 times I'm yet to see any proof of this box being ticked or the possibility of it being obviously different handwriting.

The proof really makes no difference whatsoever.

Even if it was a tax credit office mistake by adding the disability elements (which is possible I have seen it happen once before) the responsibility passes back to you and your partner to check the award notice. If you didn't receive an award notice did you let them know? Did your partner get a copy? If she did, it is joint and several liability and the responsibilities cannot be separated out between you.

I can't see what getting proof will do to help your case, it is the award notice issue that is the main problem for you.

IQ