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Another Tax Credit Overpayment Nightmare!

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  • Another Tax Credit Overpayment Nightmare!

    I'm currently going through first stage in disupute as HMRC refuse to believe I'm single.

    I divorced in June 2011 but we didn't deal with the financial settlement so the house remains in both names. My son lives with me, I pay for the majority of bills and for 99% of our son's requirements (school meals, clothes, uniform, I'm the one who takes him on holiday/trips out etc and basically anything he needs).

    My ex-husband has remained on the electoral register and has continued to pay the council tax and water rates - I pay for everything else on my part time salary (less than £13,00 a year), including the mortgage.

    My ex-husband moved back into the house, into the spare room, when he relationship broke down. He is now in another relationship and spends the majority of time and most nights (certainly 5 out of 7, often the entire week) at her house (my next door neighbour, bizarrely enough).

    I have been absolutely straight with HMRC regarding any changing in income/circumstances etc and said from the outset that my ex-husband shared the house.

    In the summer, I returned from holiday to find 2 letters from HMRC, one of which said I owed them £3,700 in overpayments and another stating they had written to me in May regarding the status of my living arrangements and my ex-husband (I didn't receive it, I would have dealt with it immediately if I had).

    I replied to both letters to the separate addresses and departments the letters had originated from and outlined clearly my circumstances. Within a few days, I received letters (one of which made no sense) to tell me my payments were being stopped with immediate effect due to the 'change in your circumstances' (there have been no changes in circumstance!) and another stating I had to repay all that had been paid to me that year, a total of £1,800.

    I replied but am getting nowhere. They are asking to see all of mine and my ex-husband's bank and credit card statements going back to April 2013. He refuses to co-operate as 'it's nothing to do with me, I'm not having my ex-wife looking at my personal finances' and I personally feel it's very intrusive, as my statements contain not only household expenditure but also my own, private spending. I will provide it (I have a deadline of 21 October) but don't understand why a list of my direct debits/standing orders isn't sufficient - these prove exactly what I'm paying for. I have also invited them to visit my home and see for themselves the very separate arrangements.

    I've spoken with CAB and have also involved my MP but I'm at my wits end. Having this handing over me is a nightmare, and I certainly can't afford to pay anything back! I've done some research and I'm doing nothing wrong in claiming as single - I am and have been for over 3 years, and my ex-husband gives me nothing for our son (he occasionally pays for a pair of school shoes, when badgered, despite working full time).

    Can HMRC demand my banking and credit card information?
    Tags: None

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