huge tax credit overpayment

pippa83

Hi just looking for some advice i have had a letter from HMRC today saying that if i do not pay the £10162.70 i owe them by next week i will be taken to court. I have had a letter before about a year and half agoand went to citizens advice who were disputing this for me then i never heard anything from them again and assumed that it had been written off but then this letter today tells me different. The overpayments are from a joint claim that i never made with my ex we had split up and i had informed tax credits that and that i was claiming income support, they are saying that i must have made the claim but i know i did not so asked for proof a signature or taped phone call. They have told me that my ex's payments were sent by giro to an address that neither of us lived at. but i'm being lumbered with all the debt not him. There's no way i an ever afford to pay this and don't see why i should have to pay money back i never recieved, but it feels i'm fighting a losing battle. If i declared myself bankrupt would this clear the debt with HMRC i feel this is my only option.

bestpud

Go back to the CAB as they may still have the old paperwork.

Tax credits aren't usually paid by giro(unless maybe the odd one, in exceptional circumstances) so I'm not sure how he managed to get £10,000 worth that way!

Have you been claiming yourself in the meantime?

Titch89

What proof do you have that you never received this money?

Oldernotwiser

Titch89 wrote: »

What proof do you have that you never received this money?

How can you prove a negative?

alison999

Oldernotwiser wrote: »

How can you prove a negative?

bank statements probably. though saying that im not sure how giros work, dont you have to sign something?

Oldernotwiser

alison999 wrote: »

bank statements probably. though saying that im not sure how giros work, dont you have to sign something?

You (or they) can prove you've received something but not that you haven't.You might, for example, have another bank account that nobody knows about.

SuziQ

Did you get your decision letter after your appeal? I had the same threatening letter as you 5 weeks ago,when I phoned up they admitted that on screen it stated no decision had been reached yet and I was advised to submit all the info re my appeal all over again. (sigh!)
They told me that these letters are computer generated,although I also have a letter stating that they woiuld never send a demand whilst a decision is pending(I can prove that is not true very easily as I have the 2 letters I have recieved during this appeal!)
It is actually easy for them to follow the money trail to see where this money went-it had to have been cashed somewhere!If it was a joint claim your ex is half responsible for the debt.

tigtag02

Titch89 wrote: »

What proof do you have that you never received this money?

Surely by providing his/her bank statements

[Deleted User]

tigtag02 wrote: »

Surely by providing his/her bank statements

but in the case of giros they are usually able to cash them at the post office,without any reference to any bank???

tigtag02

woodbine wrote: »

but in the case of giros they are usually able to cash them at the post office,without any reference to any bank???

Then can they prove that they were

• issued
• cashed

mitchaa

Sometimes you dont hear both sides of the story,

I mean...''I though the CAB wrote the debt off''

Come on:rolleyes: