Tax credits overpayment

[helencol]

Can anyone help me, long story got divorced and my husband didn't contact the hmrc to advise his income, or lack of it! Previously he had been self employed, but not for this tax year. They decided to make it up, using previous years income and then told me there was an overpayment of £700 to which I would have to pay half. I called the office and was told by an advisor that the case was still open and that they would get his actual income from other departments, I then thought that was that, but now I have been told because I didn't put that I was disputing the case in writing it is now too late. I have written a couple of letters but they are still refusing to budge. When I spoke to the adviser I'm sure I said "so I won't have to pay" and the adviser confirmed this, but they are saying that they have listened to the conversation and he didn't. Can I request a copy of the phone call?
Also in the letter they have said they are going to give me £50 because of the worry and stress caused by the telephone call, the amount is not intended to put a value on the worry and distress I have suffered, but to recognise that they may have contributed towards it. Does that mean they are admitting the advisor was wrong?

[Kati]

Re: Tax credits overpayment

did YOU contact HMRC at the time of your divorce (or seperation if prior to this) telling them of your change in circumstances?

[nemesis45]

Re: Tax credits overpayment

If you did fail to make the department aware formally of the change of circumstance as it applied to you specifically there will be a problem
To get personal data including transcripts of conversations you will need to make a Subject Access request under the Data Protection Act 1998 specifically requesting the transcripts.

HMRC does not take the £10 fee for the request.

nem

[helencol]

Re: Tax credits overpayment

did YOU contact HMRC at the time of your divorce (or seperation if prior to this) telling them of your change in circumstances?

Yes told them straight away and the award in query is just until he moved out

[Kati]

Re: Tax credits overpayment

If you seperated prior to his moving out, and told HMRC of this change in circumstances, then (AFAIK) you should have had a new claim started at this time ... Do you have any letters from HMPO dating from this period?

[helencol]

Re: Tax credits overpayment

Yes I have a new claim in just my name, this is for the period from April to October when he moved out, they have pro rata it? Not sure if that's the correct word. The award period is correct it's just that it has self employed income for him in that period and he had not been self employed in that year

[Kati]

Re: Tax credits overpayment

Yes I have a new claim in just my name, this is for the period from April to October when he moved out, they have pro rata it? Not sure if that's the correct word. The award period is correct it's just that it has self employed income for him in that period and he had not been self employed in that year

If you had a new claim started at that time ... this debt should be his (not yours)