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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've got a question regarding civil law. My husband and

Resolved Question:

Hi. I've got a question regarding civil law. My husband and me are separated since September 2014. We had joint tax credit award and when I've reported it few months later the overpayment of working tax credit occurred. He was taking money for working tax credit, I had nothing to do with those money and now they want both of us to pay it back because it was joint claim. My husband doesn't want to pay it back on his own so I have to pay back half of it. Can I go to court and open civil case and make him pay me back the money I paid for him?

I want to add that Tax Credits said that one of us can pay back all but if we won't agree they can't take more than half

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume you both signed the claim form? How much has been overpaid?
Customer: replied 2 years ago.

Yes we both signed it, but we were a couple in that time. Since September we are separated. I reported it after couple of months, I wasn't aware that it will make an overpayment. They written off child tax credit and just working tax credit is overpayed. I don't understand why I have to pay because I didn't spent THIS MONEY. The overpayment is 2000 £, £1000 each.

Expert:  Ash replied 2 years ago.
You are joint and severally liable. This means you are liable for the overpayment 100% as he is.
If you pay it, you can sue him for the £2000 back.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Thanks for answer. I've got one more question to you. I can't pay it back straight away in one single payment. I will have to pay it in instalments for couple of months. So when will be the best time to write to him? I think, it would be when I finish paying it, am I right? And one more: is there a chance for me to win in court?

Expert:  Ash replied 2 years ago.
I think when you have finished. Yes I think you have a good chance of winning.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes, thanks for answering me Wink

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex