HMRC Rossendales

girlsmum

Back in 2011 i split from my husband and when doing so i stopped my joint tax credit claim and started a single one, they sent a letter stating that there was an overpayment on the joint claim, which i was told i only needed to pay half of, I set up regular payments and paid it off between October 2011 and July 2012 - all sorted except my ex did not pay his half..

I have spoken to HMRC and they said call Rossendales and give them my payment dates (which they gave me, although i do have a record on a spread sheet still)

i wont call them at all i plan to write to them.

need help as to the best way of wording it if you lovely people can assist please

sourcrates

Dear Rossendales,

Date 00/00/0000

Ref : xxxx xxxx xxxx

I refer to your recent correspondence in relation to a tax credits overpayment.
As this debt originated from a joint tax credits claim, I was only liable for half of this debt.

I have already repaid this amount to HMRC.

Enclosed is a shedule of the payments made, including the dates of each payment.

I therefore have no further liability to HMRC or yourselves, and would ask that you update your records accordingly.

Please do not contact me again about this matter.

Yours sincerely

Girlsmum

girlsmum

Thanks sourcrates

peter3hg

Unfortunately you are jointly and severally liable for the overpayment so they can come after you still for the other half.
See http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm555410.htm

sourcrates

peter3hg wrote: »

Unfortunately you are jointly and severally liable for the overpayment so they can come after you still for the other half.
See http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm555410.htm

That's as clear as mud.

The policy since 2007, has been each partner pays half, nothing on that link makes me think otherwise.

peter3hg

sourcrates wrote: »

That's as clear as mud.

The policy since 2007, has been each partner pays half, nothing on that link makes me think otherwise.

They remain jointly and severally liable. The current policy may be to not pursue the other half of the debt but they remain legally liable to pay it.
Therefore the correct action is to speak to HMRC and get them to rectify the situation. Your example letter contains multiple factual errors so shouldn't be used.

sourcrates

peter3hg wrote: »

Therefore the correct action is to speak to HMRC and get them to rectify the situation. Your example letter contains multiple factual errors so shouldn't be used.

OP has already had conformation she has no liability to them, (re-read original post).
The letter can be adapted for clarity.

peter3hg

sourcrates wrote: »

OP has already had conformation she has no liability to them, (re-read original post).
The letter can be adapted for clarity.

The fact remains that legally there is a liability for the other half of the debt. Rossendales won't care that it isn't HMRC policy to pursue the debt, it is a legally valid debt that the OP is liable for.
They need to get HMRC to rectify the error, not Rossendales.

sourcrates

OP, there's a great website called Legal Beagles, who are very good at dealing with most things of a legal nature, inc bailiffs.

Ask on there for advice on how to deal with rossendales :

http://legalbeagles.info/forums/showthread.php?33561-rossendales-bailiffs-out-of-order

girlsmum

I have spoken to my Ex about this and he said he will get in touch and deal with his half, He said that HMRC never contacted him so he was not aware of it.

MG888

I had the same situation.

Having spoken to HMRC today, they tell me that Rossendales have NO legal recourse against us as they have NOT sold the debts to Rossendales. She also confirmed that any joint debt from the past that was agreed as 50/50 split remains as such and we cannot be chased for the other partners half.

I explained that Rossendales insisted that HMRC contact them to advise to remove my name but she said this is INCORRECT...Rossendales must contact HMRC with the information you give them.

I was told to do the following:
1) Contact Rossendales on their direct line number of 01706 833778 (rather than using their 0844 number).
2) Give them the following information: Your credit plan creation date, your credit plan end date and your Direct Debit reference number (HMRC can give you this if you cannot find it, call HMRC on 0300 200 3804)
3) Advise Rossendales that they now need to contact the HMRC RU Unit to confirm the details you have provided, HMRC can then tell them that your debt has been paid (or in the process of being paid) and that they have no further recourse with you.

She advised that you have to insist on speaking to a Manager if the original operative refuses to accept this information.

She also advised that because the debt has not been SOLD to Rossendales, they have hardly any information on you which is why they are as unhelpful as they are. She confirmed that it is INCORRECT for Rossendales to insist that WE have to provide written proof - HRC do that.

The debts are 50/50 and despite the link that was posted earlier, they remain 50/50 and if you have paid of your half you definitely are NOT LIABLE for the other 50%. But, because the original debt was in joint names, legally letters have to go out to both parties.

As an aside, Rossendales are also making mistakes with the amount. In my case, the original overpayment was £5000. I paid off my half of £2500 (and have confirmation from HMRC my liability has been met and cleared). HMRC sent over details of the remaining £2500 that was outstanding, by my ex husband (from 2005), but Rossendales think I am liable for half of that amount because they are not given any history information so go straight into their bullying tactics. HMRC said they cannot threaten in any way as they do not own the debt.

Hope this information helps