Pension Credit and 2nd Home

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  • Afraid_of_Kittens
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    zoxsa wrote: »
    There's no problem here. You've misunderstood the purpose of my thread I think.

    WE WANT TO PAY THEM BACK. I want the investigation to finish. I triggered an investigation. I called them and wrote to them when I suspected there's something wrong.

    you are writing as if I want to get out of it. No.

    Right now all I want is to pay them, but I don't want the house seized. THat's all. I'm looking forward at paying them back.

    Sadly our crystal balls can't tell us when HMRC will finish their investigation or what the outcome will be.
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
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    My parents purchased a house in London in 1974. They lived in it until 2000.
    They rented it out.

    In around 2003, they added my name to the house.

    This is the bit I am struggling with. The discussion was about the OP's 50% but there appears to be a gift of a first 50% too. Perhaps the whole 100% is in play.

    The OP needs to see a solicitor to get the timeline, facts and transfers into line and not flail around here.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • zoxsa
    zoxsa Posts: 37 Forumite
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    WhenIam64 wrote: »
    This is the bit I am struggling with. The discussion was about the OP's 50% but there appears to be a gift of a first 50% too. Perhaps the whole 100% is in play.

    The OP needs to see a solicitor to get the timeline, facts and transfers into line and not flail around here.

    Well, my mother needed a mortgage on the house. I was working at the time, so the only way was to put the house in my name. I think she thought I owned it 100% outright and didn't realise that it was still in her and my dad's name.

    She was over-burdened working as a carer for my dad. I gave her power of attorney on all my financial affairs so she can do what she wants. I was busy working all over Europe so I didn't have time to check... but I didn't mind or care what she did. Even though the house was in my name, I never considered it mine. It was there for the benefit of the family. So even if we take my dad's name off, it won't change a thing. Its there for his benefit - ultimately.

    The next stage is simple. I call DWP and tell them to stop Pension Credits.
    I start my conversation - with concerning the letter we sent you in 2016 and your response in 2018 of August (yep!).

    Although I will pay them back and gladly, I will be a bit harsh with them as to the carelessness in which they continued to pay us PC knowing very well that we exposed that my dad's name is STILL on a 2nd home.

    There was no CGT to pay in adding my name, but there will be in taking theirs off. That's where we are now.
  • zoxsa
    zoxsa Posts: 37 Forumite
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    WhenIam64 wrote: »
    The discussion was about the OP's 50% but there appears to be a gift of a first 50% too. Perhaps the whole 100% is in play.
    .

    Hi, actually, the discussion is not really about my 50% - the discussion is if we can stop DWP from seizing the house by ensuring my dad's name is off it.

    As we need a 2nd mortgage (or remortgage) on this house, we have to take my dad's name off the title deeds. If that helps ensure our house is not used as a bargaining chip then great.

    It does not mean, by removing his name, that we are avoiding ANYTHING or disposing of our responsibilities. We need a 2nd remortgage. That's all. I will call DWP and explain to them to STOP all payments ASAP. To tell them that we will need to remove his name, and to assure them that it does not mean avoiding any penalties.

    I prefer to keep his name on the house. The CGT will cost me a lot.
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
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    What bargaining chip. You keep going around circles. If you pay all that is due if indeed another payment is due why would they then want to go for the house?

    They will only consider this as a last resort if you don't pay back the overpayment but you now say that getting a loan to do so won't be an issue although it took quite a few posts before you made a point that of it.

    So if your intentions are what you claim to be, why are you worried?
  • zoxsa
    zoxsa Posts: 37 Forumite
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    FBaby wrote: »
    What bargaining chip. You keep going around circles. If you pay all that is due if indeed another payment is due why would they then want to go for the house?

    Sir, I have NO idea how the DWP works in such matters. Intentional false claimants of benefits is a criminal offence. Despite my sincere intentions. Despite me flagging the issue myself, it is a criminal offence. Hence, its something to be concerned about.

    Then, yes, I would like to pay it off, and I have offered to pay it off. But what if its in the 100 of thousands... that's OK. .I will still pay it off, but I think I would prefer to pay a chunk at a time.
    They will only consider this as a last resort if you don't pay back the overpayment but you now say that getting a loan to do so won't be an issue although it took quite a few posts before you made a point that of it.

    I did not know that. I am grateful to hear that. Its definitely reassuring. You are behaving as if this is all obvious stuff. Its not at all obvious for me. I just learnt that its my duty to get all my 3 kids Child benefit. Even if I don't need it. I'm only claiming for 1. I DID NOT KNOW (!).

    At school, there wasn't any training course about this. Was there?
    So if your intentions are what you claim to be, why are you worried?

    Well.. I'm much less worried after posting here.
    THanks!!
  • [Deleted User]
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    zoxsa wrote: »
    Sir, I have NO idea how the DWP works in such matters. Intentional false claimants of benefits is a criminal offence. Despite my sincere intentions. Despite me flagging the issue myself, it is a criminal offence. Hence, its something to be concerned about.

    Then, yes, I would like to pay it off, and I have offered to pay it off. But what if its in the 100 of thousands... that's OK. .I will still pay it off, but I think I would prefer to pay a chunk at a time.



    I did not know that. I am grateful to hear that. Its definitely reassuring. You are behaving as if this is all obvious stuff. Its not at all obvious for me. I just learnt that its my duty to get all my 3 kids Child benefit. Even if I don't need it. I'm only claiming for 1. I DID NOT KNOW (!).

    At school, there wasn't any training course about this. Was there?



    Well.. I'm much less worried after posting here.
    THanks!!

    It's not a duty to claim child benefits. If you don't need it don't claim it!
  • zoxsa
    zoxsa Posts: 37 Forumite
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    _shel wrote: »
    It's not a duty to claim child benefits. If you don't need it don't claim it!

    Oh ... its not what she said. I don't mind either way, but she said that unless you claim, its the only to ensure your kids get a NI number.

    But my point is this, im not a benefits freak.
  • [Deleted User]
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    No it's one way to get their national insurance number but so is applying for disability benefits for them, waiting till they're issued one or applying direct when they're old enough.
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