Tax Credits query

Lifeisbutadream

I posted a couple of years ago and got a bit of abuse, so rather than digging up the thread I have started another one (save someone getting the thread and saying ive posted about this before)

I would appreciate any advice, as it has been such a long, drawn out process and I don know when its going to end.

I split with my ex almost 3 years ago. He moved out 2 years ago.

I rang tax credits as soon as we split and made it very clear that we were still living together until we could sort him out another house. They told me I needed to claim as a single person at that time, so I left them to it.

I then recieved a payment from tax credits, which again I queried, as we were still living together, they said it was fine and all correct.

June 2012 secured a mortgage for ex (in joint names as neither of us earned enough to buy the other one out, but we had equity on our family home to enable us to remortgage. Overall costs were less than renting for either of us, so win win all round, even though both mortgages are for 40 years.

January 2013 HMRC wrote to me suggesting that we were still together as we had joint finances. (we also ran a business together still)

So I provided them with all information. One particular woman at tax credits had a bee in her bonnet about us and was insitent that we/I were lying.

They stopped my tax credits and said it would go to tribunal.

I have not had a penny since then until in March this year I was told I can make a fresh claim, which is what I did. No problem at all and I now have tax credits. (wish id known I could do that sooner!)

The 18 months however, where tax credits were stopped, is now still going to tribunal? I dont understand why, as nothing has changed. I still have no date for the tribunal and will have to take time off work and travel there.

Does anyone have any idea if I can speak to someone who will look at this from a common sense point of view, rather than a 'spending taxpayers money like water' point of view?

Thank you.

Icequeen99

The case may be looked at again by HMRC before it goes to Tribunal. But in answer to your question, there is nothing you can do but take it to Tribunal and hopefully win.

I understand it might be an inconvenience, but at the end of the day it is one day and it is I imagine a lot of money at stake.

In terms of making a new claim, there is still a chance that HMRC could investigate that second claim and stop it as well for the same reason.

We always advise people to think carefully about putting in a second claim as there are pros and cons to doing so.

I think if you can demonstrate that you were separated under the same roof and then that you later bought a second house that your ex lives in (even though purchased together) then you have a good argument providing the paper evidence supports it (i.e. that you couldn't have bought each other out or that there was nothing else you could do).

I am not sure if you were married, but if you were evidence of divorce proceedings will be helpful.

IQ

Lifeisbutadream

Icequeen99 wrote: »

The case may be looked at again by HMRC before it goes to Tribunal. But in answer to your question, there is nothing you can do but take it to Tribunal and hopefully win.

I understand it might be an inconvenience, but at the end of the day it is one day and it is I imagine a lot of money at stake.

In terms of making a new claim, there is still a chance that HMRC could investigate that second claim and stop it as well for the same reason.

We always advise people to think carefully about putting in a second claim as there are pros and cons to doing so.

I think if you can demonstrate that you were separated under the same roof and then that you later bought a second house that your ex lives in (even though purchased together) then you have a good argument providing the paper evidence supports it (i.e. that you couldn't have bought each other out or that there was nothing else you could do).

I am not sure if you were married, but if you were evidence of divorce proceedings will be helpful.

IQ

Hi thanks,

They asked the same questions as the first investigation and accepted my answers on this occasion (so they should have as well, considering they were true) so if they decide to close that and investigate then they are seriously wasting public money.

Divorce docs have gone to them, as have council tax bills etc.

Their original 'argument' stemmed from one woman deciding that we couldnt possibly be separated as some his mail came to my house (that was the business address) she seemed to think that if we were separated I wouldnt give it to him! Also that someone else lived in his house (the person he bought the house from!) and that we hadnt consulted a solicitor about separating (we were amicable, so no need to)

I will win, no doubt about it, because ive not done anything wrong, it just seems silly to carry on with a tribunal when theyve obviously now agreed that I am single !

Suarez

Not sure if I'm reading this right but you took out a joint mortgage with your ex partner after you split up?

Lifeisbutadream

Suarez wrote: »

Not sure if I'm reading this right but you took out a joint mortgage with your ex partner after you split up?

Yes. We already had a joint mortgage, neither could buy the other one out, so we used the equity to put a deposit on another house. We ran a business together so our finances were tied already. Our finances would be tied for the forseeable anyway with the joint mortgage we had.

It was either rent for £750 a month, or buy for £400 a month.

Lifeisbutadream

BUMP.

Would appreciate some help if possible as my tribunal hearing is in two weeks and I would rather sort it out before I have to take time off work and pay for a representative.

Icequeen99

Lifeisbutadream wrote: »

BUMP.

Would appreciate some help if possible as my tribunal hearing is in two weeks and I would rather sort it out before I have to take time off work and pay for a representative.

You need to prepare as well as you can and gather as much evidence as you can.

First off, we you married or living together? That is the starting point and the legal test is different depending on whether you were married or not.

IQ

wildwestfan

Icequeen99 wrote: »

You need to prepare as well as you can and gather as much evidence as you can.

First off, we you married or living together? That is the starting point and the legal test is different depending on whether you were married or not.

IQ

Married I think as divorce papers have been mentioned.

Icequeen99

Ah, thanks I didn't notice that.

So, as a married couple you are presumed to be together as a couple for tax credit purposes unless you can show you are separated 'in circumstances likely to be permanent' or are separated under a court order.

So you need to start gathering evidence of steps you took to separate things when you decided you were no longer together. The fact your divorced is evidence of that it was eventually permanent.
The joint mortgage can be explained by the financial situation. Presumably you have evidence of him taking on bills in his own name and his name coming off bills at your house.

It really is a case of going through everything and finding anything you can to show that you separated and that the separation was likely to be permanent not temporary.

IQ

Lifeisbutadream

Thank you Icequeen99, my apologies, I had some problems last week and didnt see your post until now.

I did, however, win my case !!

I had already presented HMRC with all the evidence and the judge found in my favour, requesting that they pay me backpay in full, plus interest, plus costs.

I have no idea why it went as far as it did. A complete waste of taxpayers money IMO. Not to mention the two years of stress they put me through..

Icequeen99

Lifeisbutadream wrote: »

Thank you Icequeen99, my apologies, I had some problems last week and didnt see your post until now.

I did, however, win my case !!

I had already presented HMRC with all the evidence and the judge found in my favour, requesting that they pay me backpay in full, plus interest, plus costs.

I have no idea why it went as far as it did. A complete waste of taxpayers money IMO. Not to mention the two years of stress they put me through..

That's great news.

Did the Judge/Tribunal say anything that might be helpful for others about why you won?

IQ