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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare - I am being investigated by HMRC regarding my Single

Resolved Question:

Clare - I am being investigated by HMRC regarding my Single Claim on my tax credits, which I ended from effect 31/1/14 and they started their 'review' after then. I have sent them a brief overview of my personal situation and have not yet provided supporting documents. I have Two young children which I fully care for/provide everything for. My ex-partner was not able to be taken off the mortgage, so this and a joint account (he would not agree to removing his name as he didnt want me to miss the mortgage and he agreed a private maintanance payment for the children and an amount to ensure that the mortgage payment would be met. He stayed on occasion at the house, in a different room. He lived completely separately to me and I kept out of his own business. I paid for only my & my childrens food and all the utilities. They replied 1/4/14 to say that 'they cannot accept my honest declaration' and they have 'concluded i was living as if husband & wife'. This is not accurate and believe they have jumped to a conclusion based on voters roll & having a joint account & mortgage & unsecured loan in both names (all with the same lender). I had my own loans and credit cards in my name and I am not financially connected with him apart from having his name on the house until I could do up and sell. I want to have a 'legal representive' to fight their decision. Can they just make an assumption based on Experian and how do I structure my response letter to ensure they see that I have done nothing wrong? I have all the documents (bank stats, utilities etc) which I shows I have nothing to hide. Can you please help me - every solicitor I speak to says they dont know about benefit laws. I am worried that they could make me lose my job and seriously affect my health and financial situation. I have got back together with my ex-partner , though I had relationships with men over the claim period but they did not visit the house and I always arranged to see them away from my ex. Is there any privacy or data protection laws which means I do not have to provide any document with my exs name on? Also how far can they take this and is there a chance of getting this resolved without the need for a long-drawn out process involving me having to get some sort of 'legal representative'?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did you commence the claim
Clare
Customer: replied 2 years ago.
The claim began Dec 2011 but they are currently only investigating April 2013 to the claim end date of Jan 2014.
Expert:  Clare replied 2 years ago.
Hi
How old are the children?
Where was your "ex" living during that period?
Clare
Customer: replied 2 years ago.
The children were 1-3yrs and 3-5yrs old. He was sometimes staying at the house when convenient for visiting children. He had a bed set up in the dining room. He also stayed with friends and his girlfriend's house, but I didn't ask him questions about with whom he was sleeping with. He made a single monthly privately agreed child maintence payment with some for the mortgage as he still had his name on it.
Expert:  Clare replied 2 years ago.
Hi
Sorry - what years were the children born?
Did you inform them that you were living separately in the same house when you made the claim?
Clare
Customer: replied 2 years ago.
2008 and 2011. Yes I rang to inform them of my change in address and when I mentioned that we had broke up the advisor told me this would class as a single claim and recommended I could proceed with making a single claim. They were informed dec 2011 that he was still at the address until he could afford to move out. I had a random letter, through no phone call about 6-11mths into the claim to say which mentioned the ex partner has moved out. I don't know why they sent this letter as I never spoke to them since the initial claim. I assumed at the time that it was assumed this was an automated generic letter.
Expert:  Clare replied 2 years ago.
Hi
Is your partner able to provide any evidence of where he was actually living?
Clare
Customer: replied 2 years ago.
No, he stayed at various places- like friends sofas and b&b's. As it was nothing to do with me, I didn't ask. I know he's had a couple of girlfriends, but I don't think he is prepared to disclose addresses and names of exs and friends.
Expert:  Clare replied 2 years ago.
Hi
Did he take out and new loans or credit in that period?
Clare
Customer: replied 2 years ago.
Yes. I know he used the address for any credit as he had no other official secure place for residency. At the end of the day he sometimes stayed and he couldn't register credit at his g/f, friends, b&b's could he? I made him agree to a bank loan in both names, connected with the mortgage lender as I couldn't sell the house without a full working kitchen. So it was agreed for £10k to be taken last July so I could finish off the house so could sell it and he and I could finally move on with our lives.
Expert:  Clare replied 2 years ago.
Hi
Sorry - that joint loan was taken out last year?
Clare
Customer: replied 2 years ago.
Yes as I had maxed out on credit cards and loans on my name and I needed a kitchen fitting as I spent a yr without a full working kitchen. As he spent some time here and had his name on the mortgage, I asked him if he wouldn't mind extending the old loan we shared from years previous. He did it with the condition that the loan would be fully paid when the house was sold.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that it is hard to see any way that you are going to be able to convince the HMRC that your relationship was not ongoing
Since it is impossible to investigate sleeping arrangements HMRC does indeed rely on heavily on financial indicators of relationships and what records there are of where parties lives - including credit arrangements and Electoral Rolls
You have nothing to prove that you were in fact separated during this period - and this could lead to a serious risk of prosecution.
Your most effective way forward would be to seek advice from a Criminal Specialist to ensure that no paperwork that you send compromises you
I am sorry to give bad news - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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