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splashin
Rank; Really should become a politician
Belize
569 Posts |
 Posted - 26/04/2008 : 02:35:25
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Nigel
Took the words right out of my mouth lol.
Peter
The swapping places scenario, smells like a Black Rat to me. You defiantly have been an applicant who applied prior Feb 2003 for Tax Credits. All the claimants I come across who applied before Feb 2003, have these exact same faults initially, but they may not ring alarm bells because on all these cases, it only ever changes once and possibly twice, at the very start and then stay in a correct pattern. Which would make you think, yes there was a problem but now it has corrected itself.
I must point out to everyone who reads this post too do the only thing that will prove your innocence in these overpayment's, that is
SEND TO HMRC A SARN (subject access request notification) ASAP
   
Splashin |
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Peter
Rank; Hector Tax Inspector
19 Posts |
Posted - 27/04/2008 : 12:18:30
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Thank you both for the reply 
My circumstances are a little different as some of you may know.I never applied for WTC my ex-wife did and as we no longer speak to each other regarding financial matter this is quite tricky for me.
Basically she claimed but never informed them of a change in her salary or hours.  I knew nothing of this but as I have already been informed by some of you good people this makes no difference to the HMRC.
I now belive the HMRC are seeking recovery from me.I dont know if she has accepted to pay 100% or 50% as no one will notify me.I honestly belive IMOHO that she has refused or explained that she is not in a position to repay the 'debt' and so I have been approached.
I havent been contacted until now for a claim that was registered in 2005. 
I will try and look the the paper work with my partner and see if I can make sense of it.
Thanks once more. |
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nigel
Rank; Hector Tax Inspector
54 Posts |
Posted - 27/04/2008 : 17:43:48
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OK this may sound too simple or obvious. At the point of original application she would have needed a signature...namely your signature for a joint claim. Find that signature, it won't exist, if any signature is present it would be a forgery. I would get HMRC to look for the original application and find that signature.
Like I said it sounds too simple, you may already have covered this option but if she claimed illegally, using your name as a joint claimant you need to get the HMRC legal department involved.
Regards,
Nigel |
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Peter
Rank; Hector Tax Inspector
19 Posts |
Posted - 28/04/2008 : 14:31:20
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If information cannot be sent to me on the grounds that it will infringe my ex-wifes privacy what is the legal stance on this situation?
HMRC claim that my ex-wife never informed them of a change in her circumstances I haven't got the information to disprove this since I NEVER made any telephone calls to them,my wife definately did since according to the SARN but I have no information on what was said.
Also many of the payments were paid directly to her by GIRO and many were paid through her employer (PVE) so again I have not received any type of payment.
The HMRC could have contacted me at my new address easily using a national computer since they have my NINO and a tax code for me since I work full time.They calim they were unable to find a new address for me. 
What is the current situation regarding Joint claims and couples that have been divorced for over 2 years in regards to collecting payments?
If I only agree to making a small token payment each month to avoid financial hardship how would they respond to this.I do not receive WTC so therefore it cannot be deducted from that.
If I refuse point blank to repay the HMRC have to keep going back to court and then if I agree to a token payment the Judge may say that its better than nothing at all and they should be grateful.
This happens in quite a lot of debt cases and providing no window or door is left unlocked they cannot force they way into your home unless of course they are invited.
I would be gratefull if any of you could confirm this or help as you have done so far in any way you can.
Thanks
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Peter
Rank; Hector Tax Inspector
19 Posts |
Posted - 28/04/2008 : 14:43:42
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Sorry Guys
I should have pointed out what is the situation regarding couples repaying 50/50 if they are both liable for the amount.How do HMRC tackle this?
I have been sent the bill for 100% recovery but HMRC wont comment if my ex-wife intends to pay the other 50%.If I did agree to pay 50% there is a chance I could be stung with the other 50%?
I dont really know if I should refuse point blank to repay anything and let the court decide on whats best.
If my ex was appl 1 then wouldn't the judge look at the evidence and decide it should be the claiment that worked should be accountable for the debt given the circumstances of Giro checks and PVE?
I dunno guys...bit lost here..sorry.
Thanks in advance. |
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nigel
Rank; Hector Tax Inspector
54 Posts |
Posted - 28/04/2008 : 22:30:41
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IIRC you will both be chased for the full amount. Now you may wish to arrange with HMRC to pay 50% for example, the theory is, if it then went to court and you had paid your half they may rule that your ex has to pay the remainder. That being said if your ex were to declare herself bankrupt or could prove hardship if she were made to pay, then they would come after you for the rest.
The correct HMRC phrase is that both parties of a joint claim are "jointly and severally liable"
To quote from the HMRC website.
quote:
You and your ex-partner are jointly responsible for paying it back.
You and your ex-partner can agree between you to pay different amounts. For example:
* each of you to pay half
* each of you to pay different amounts
* one of you to pay the full amount
If this agreement doesn't work, we'll ask each of you to pay half the amount.
Regards,
Nigel |
Edited by - nigel on 28/04/2008 22:31:46 |
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S.A.R
