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littlebitbonkers

The_fog_has_lifted wrote: »

tax credits overpayment as ex didn't send back ANY of the info they requested as we are 'jointly responsible and liable for the full outstanding amount'. he wont pay his half so it looks like its down to me.

Was the overpayment made on a joint claim? If the debt's in both names then you're only liable for 50% of it (I know, I'm currently paying off 50% from when me and the ex split). Definitely worth phoning the number on the payment demand and explaining your situation, they should be able to help.

Hope this helps

The_fog_has_lifted

Bedsit_Bob wrote: »

If it's consumer debt (loans, Credit Cards etc.), rather than Rent, Council Tax, Utilities etc., then you aren't liable for the debts, if he took them out on his own.



As above, if the mobile phone bill and CCs are in his name only, you aren't liable for them.

well the c-tax, rent arrears, water arrears and internet bill i paid off over the last 6 months, i prioritised these and i am now current on ALL of these, this took my debt from in the £23,000'S To the £16,000 That it is now.:eek:
The loan and 2 consumer debt is all in my sole name, the tax credits is joint but if he refuses to pay (which he has) tax credits will just chase me for it because (as my solicitor put it) i am the 'softer touch'.:o
its approx 10,000 in tax credits and childcare overpayment as he refused to send back his proof of earnings so they classed it as having not happened IYSWIM. thats jointly liable debt.:eek: he only worked for a month too so this is the WTC and 85% childcare costs for the 5 weeks that he worked the summer of 2013.
the remaining £6,000 is the hsbc loan and a phone bill that was my phone that he racked up the internet usage on.:eek:
shocking i know- and darn right stupid, alarm bells should have been ringing when he was refused the credit himself but i cant change that now and just need to look forward to paying it off.
thanks for all of your replies, they are really motivating and helpful.
I guess what i really needed was some helpful advice and tough love, i have got to pay it all off, bankruptcy is out of the question if i am ever going to buy a house on my own and i just need to suck it up and move on.

The_fog_has_lifted

littlebitbonkers wrote: »

Was the overpayment made on a joint claim? If the debt's in both names then you're only liable for 50% of it (I know, I'm currently paying off 50% from when me and the ex split). Definitely worth phoning the number on the payment demand and explaining your situation, they should be able to help.

Hope this helps

im sorry but thats incorrect, yes it is a joint claim but i think you will discover that unless a court order has been made you are both responsible for the full amount.
if he doesnt pay his half they can persue you for it. I have had my solicitor look into it too and it is watertight.

The_fog_has_lifted

Bedsit bob- can you direct me to any info on offering f&f's. one for the loan and one for the phone bill, they have both defaulted and have been for over 12 months, i was thinking of offering 40% and taking it from there?? my parents would pay this so i can pay them back if it means being shot of it.

When_the_going_gets_tough

Op I would double check your solicitors advice on the TC overpayment with an experienced welfare adviser. Whilst he may be technically correct I think - but can't check right now - that HMRC can choose to only pursue each partner for only 50% of the overpayment. CAB should be able to advise on this.

When_the_going_gets_tough

Oh just found it - its in HMRC COP26 -what happens if we have paid you too much tax credits "You might not be able to talk it over with your ex-partner, either because you don’t want
to contact them or you don’t know where they are. Even if you do
speak to them you might not be able to agree on what each of
you should pay back.
If this happens, you should still speak to the Payment Helpline
as quickly as possible. You will then be asked to pay back half
of the overpayment, with your partner being asked to pay back
the rest. You will not be asked to pay back more than half of
the overpayment."

The_fog_has_lifted

When_the_going_gets_tough wrote: »

Op I would double check your solicitors advice on the TC overpayment with an experienced welfare adviser. Whilst he may be technically correct I think - but can't check right now - that HMRC can choose to only pursue each partner for only 50% of the overpayment. CAB should be able to advise on this.

Who shall i see about it?? How can i arrange this?? through HMRC?? when i last contacted them they said we would both be liable for the full amount.:mad::mad::mad:
i will call them monday to see if i can just pay half.- the annoying thing is, it went to his account so i didnt see a penny of it anyways!!! im so so cross.

The_fog_has_lifted

When_the_going_gets_tough wrote: »

Oh just found it - its in HMRC COP26 -what happens if we have paid you too much tax credits "You might not be able to talk it over with your ex-partner, either because you don’t want
to contact them or you don’t know where they are. Even if you do
speak to them you might not be able to agree on what each of
you should pay back.
If this happens, you should still speak to the Payment Helpline
as quickly as possible. You will then be asked to pay back half
of the overpayment, with your partner being asked to pay back
the rest. You will not be asked to pay back more than half of
the overpayment."

thats brilliant- thanksyou so so much- i will call them on monday. :T:T:T:T you just made me very very happy.

When_the_going_gets_tough

If the TCO are difficult go and get some help from CAB and they can write on your behalf.

enthusiasticsaver

The groceries bill looks high although I appreciate that there are 8 of you. Do you shop at one of the discount supermarkets and use the cheaper brands as this really brings the weekly cost down. Cooking from scratch in bulk and freezing will also help on cutting costs. Shop in the late afternoon if you can as many supermarkets drop the prices on perishables then.