My Former employer and fraud. please help me!

marjoria

Hey all, 

I just need some advice as this really is all getting to me. 

I worked for a care agency till 2019. I moved on to another employer. Due to an accident, I had to work lesser hours so I applied for benefits to help untill I could return to full employment. I was informed that I was entitled to hardly anything becuase on my record, I was earning a lot more than I said. It turns out that I am still down as working at the previous place (despite having a p45). I thought things would be fine. But I heard back and they informed me again that I was still working there as per whats on their system.  They have shown me that was apprently still working there with pay for 2019/20/21. HMRC has informed me that they are invesigtating back in january and I should hear back by september 2022. I have not heard back yet. 

I have spoken to my former employer, and asked for a letter to say I have left. She provided me with a one line letter. No company logo,her full name. I have shown her that my details are on the system and someone is probably using it. I have asked her to check who and to deal with it. To remove my details off her system. I have asked her confirm by way of a letter that there is no one working there with the national insurance number that i have given her (mine) she told me she can't. What shall I do. I am in a really tough place. Can I report her? surely there is a data breach, fraud. someone is using my details and its clearly someone at that company. 

HampshireH

Is there a HR department at your former employment? Or payroll?

74jax

Is the Care Agency part of a larger organisation, belonging to the Council or part of a group of agencies? 

Marcon

Try a Subject Access Request: https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/

Have you logged in to your personal tax account (do you have one?), which might also be helpful. https://www.gov.uk/personal-tax-account

marjoria

HampshireH said:

Is there a HR department at your former employment? Or payroll?

No. Her accountant also wasn't helpful when this was bought to their attention. 74jax said:

Is the Care Agency part of a larger organisation, belonging to the Council or part of a group of agencies? 

No. Just a woman who runs it. She does have a contract with the council to provide services in the area. Marcon said:

Try a Subject Access Request: https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/

Have you logged in to your personal tax account (do you have one?), which might also be helpful. https://www.gov.uk/personal-tax-account

I will submit a SAR,although I doubt that is going to yeild anything. Any thing I could put in the sar other than the basics?

I have seen the tax account. Shows the previous place down with the tax and total earnings for 2019/21 and still continuing in to 2022. 

Anything else I can do? How do I report the owner. I believe she has allowed someone who does not want to use their own NI or doesn't have one to. If this is the case, who can I report her to?  

MattMattMattUK

marjoria said:

If it does not yield anything then they are in breach of data protection legislation and you have another stick to beat them with.

marjoria said:

I have seen the tax account. Shows the previous place down with the tax and total earnings for 2019/21 and still continuing in to 2022. 

Have you seen your tax account though? You can log in to the HMRC website (it might take a week to set up and get verified), but it should show if they are still reporting to HMRC that they are paying you. If it shows that they are still paying you, but not transferring the money then that is potentially fraud.

marjoria said:

Anything else I can do? How do I report the owner. I believe she has allowed someone who does not want to use their own NI or doesn't have one to. If this is the case, who can I report her to?  

HMRC are usually pretty good at this sort of thing, if you can establish via your own HMRC login if they are reporting you as still being paid every month then you should speak to HMRC's advisors and their fraud team as well.

DE_612183

On your personal tax account - how much money does it say you have "earnt" whilst you were not employed?
What it could be is that someone is taking advantage of your personal tax allowance in order to pay less tax - that tax evasion.

They may not understand the knock on consequences it will have for you...

marjoria

MattMattMattUK said:

marjoria said:

If it does not yield anything then they are in breach of data protection legislation and you have another stick to beat them with.

marjoria said:

I have seen the tax account. Shows the previous place down with the tax and total earnings for 2019/21 and still continuing in to 2022. 

Have you seen your tax account though? You can log in to the HMRC website (it might take a week to set up and get verified), but it should show if they are still reporting to HMRC that they are paying you. If it shows that they are still paying you, but not transferring the money then that is potentially fraud.

marjoria said:

Anything else I can do? How do I report the owner. I believe she has allowed someone who does not want to use their own NI or doesn't have one to. If this is the case, who can I report her to?  

HMRC are usually pretty good at this sort of thing, if you can establish via your own HMRC login if they are reporting you as still being paid every month then you should speak to HMRC's advisors and their fraud team as well.

I have given all the information that I have to HMRC. I am currently drafting a letter asking for confirmation as to my last payslip and why my national insurance number is still linked to her business but am not sure what kind of response i am going to get. 

penners324

What's your current tax code? 

marjoria

I have phoned my former employer and she has denied everything. Tells me it must be an errror on HMRC's website.  tax code 1013T for that partiuclar company, I can see all kinds of figures under the "what your employer reported" section. 

TBagpuss

DE_612183 said:

On your personal tax account - how much money does it say you have "earnt" whilst you were not employed?
What it could be is that someone is taking advantage of your personal tax allowance in order to pay less tax - that tax evasion.

They may not understand the knock on consequences it will have for you...

It's possible,but it may be more likely that whoever does payroll has made a mistake - theymay have deleted a different employees details and be recording their income as yours, in wich case the other person will not be being credited with their NI etc., but also that your tax calculations will be wrong .

I would suggest that write to your former employer with the evidence from your tax account and ask them to checkthe details of the account to which they have been paying those sums and to provide a more detailed letter to confirm that you are not an empoyee , have not been an employee since [date] and thatthey are investigating to clarify how the error ocurred. 

One problem is that it's the employer who is responsibe for correctly reporting to HMRC and for making payments to them for Tax and NI, so it is probably them not you who needs to provide HMRC with the evidence , o to correct things at their end