Concentrix say I'm not single

Marktheshark

Until you lodge an official appeal nobody can help you further.
Mention the human rights act article 8 and compensation may be sought for the breech in the appeal.

Jayneair

I'm in the process of lodging an appeal but thought I had to ask for a mandatory reconsideration first?

Actually my main question was one of whether I should approach the dwp and council to repay the money I will be due them for not be single last year (even though I was). Or do I wait until my appeal is considered

FBaby

Something is definitely wrong here. I’ve never read a thread here before where they have prosecuted on such little evidence, if all the rest of the evidence is indicating that he isn’t living there. 9 weeks to reach that verdict also doesn’t make sense if the decision was based solely on this.

It sounds that either the case was reviewed by an incompetent, maybe new employee, or there is more to the story than told. Does he ever come to your house and stay over? Do you places together with your children? Why isn’t he paying child maintenance? You wrote that he ‘lived’ at his parents, where does he live now?

Jayneair

I have told the entire truth. He still lives with his parents, he comes to the house every month to visit his child. He doesn't pay maintainance as he pleads poverty and as I said he buys clothes etc when needed.

Jayneair

I should also add 9 weeks was fairly quick, I have read of other cases taking months and months. Upon sending my documents back it took them 4 weeks to be scanned onto the system before they could even be looked at

FBaby

Why does he come to the house to visit his 17yo daughter? Does he stay over? Could someone have reported you?

Jayneair

My eldest daughter is not his, we have a 6 year old child together. Someone I suppose could have reported but they said his name had come up on credit. I checked my credit file and nothing was showing.

ab1982

Not sure about appeals etc.

There is a “debt free wannabee” board on here that will have some good information on how to deal with DWP chasing a debt (real or imagined).

I think for me I wouldn’t worry too much about the 30 day demand, it’s their starting point for negotiation you just need to say something along the lines of “I don’t have £12k can you suggest something more appropriate”, avoid suggesting any repayment plan let them negotiate with themselves first.

Icequeen99

I have dealt with many of these cases and what you describe is not unusual.

I am guessing what you sent to HMRC is proof of bills being in your own name and your address. But that doesn't actually help and HMRC tend to place more weight on the things they find placing another person at your address.

Bills in your name alone don't prove he isn't living there. The lack of child maintenance arrangements are also a factor that HMRC put heavy weight on. Even if he was on minimum benefits I believe he could pay a token amount.

The strongest evidence you can provide in your mandatory reconsideration is:

1. Evidence of you removing his name from accounts/bills when you separated (unless they have always been in your name, in which case see above for why this is a problem)

2. Evidence putting him registered at another address - council tax, business letters etc.....If he is unwilling to provide it then you can at least list the items for HMRC to check on their system. You could search the electoral role and look for evidence

I would also suggest you approach the CSA to sort child maintenance formally.

You should also get copies of your credit file to make sure there is nothing else on there.

As soon as you file the mandatory reconsideration - they will suspend recovery so don't worry about making payments just get the MR in as soon as possible (and no later than 30 days from date of decision)

IQ

Jayneair

Thank you . I was advised by concentrix this morning that if I put in an appeal they will look at all previous years tax credits so maybe I should just agree to pay £1000 a month. I'm waiting on contact from hmrc regarding the overpayment. I could pay maybe £1000 upfront but the rest would have to be monthly, although they are saying if you don't pay in 30 days the maximum time you have is 12 months, plus they may yet add a penalty.

Then I'm going to have to pay back a years jsa and council tax reduction.