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T O P I C    R E V I E W
whitevanwoman Posted - 11/06/2008 : 09:46:23
New forum member...

anyone else had experience of being on manual payments long term?

haven't got time to go into full details now, but been on manual payments for past 2 years after a year of arguments, errors, incompetance etc following a return to part time work after long period of illness. Was claiming incap ben but not registered disabled or claiming DLA and advisors didn't read / understand guidelines properly, insisting that I didn't qualify for disability premium. Result : claim stopped , started, stopped, underpaid, not backdated properly, stopped, etc etc etc

As result of all the messing around, and a complaint through my MP and a written complaint 2 years ago, I was put on manual payments because "the computer would not accept my details". I live rurally therefore have 26 mile round trip every 4 wks to pay cash into bank. Unable to access dental treatment, unable to sort out council tax (I think I have overpaid council tax for past 3 years), have to sign back of prescriptions as in receipt of WTC but got no proof, can't get NHS exemption on grounds of low income because payments coming through so therefore technically not on low enough income to qualify (allegedly). Have had to have emergency dental treatment to take out a tooth cos teeth now suffering from no regular checkups, can't claim back the cost of the extraction until I get properly on the system and am given an exemption number.

Am now massively out of pocket in expenses incurred trying to sort this out, and the process has really affected my recovery from illness and delayed my return to full time work and am therefore trapped in this situation due to anxiety and stress. From time to time I get demands for repayment for all WTC paid for any one of the past 3 financial years, on one occasion including a demand for repayment for child tax credit - I got no kids and never claimed child tax credit (perhaps it was for the dogs?!)

Latest situation : after being made redundant in Feb, got back into work 7 weeks later and therefore requalified under 8 wk linking rule. Was told that claim would be automatically reinstated when I informed them of this by phone and apparently my claim had gone for "reassessment". It took several follow up phone calls over next 3 months before an extremely unpleasant rude and unhelpful advisor told me I had to put in a new claim. At the time, I was so ill with anxiety I couldn't speak to the helpline myself and had given written permission for an advocate to deal with them on my behalf. Advisor refused to deal with advocate, threatened to put phone down on me when I got upset and distressed, then accused me of mud slinging when I asked where I could get more info. That was a over a month ago.

New claim submitted 22 May, rang earlier this week to find out what was happening ( am now on highest rate of care DLA so should qualify automatically) - guess what - they can't find my new claim, so they've put a trace on it and if they can't find it, guess what, they will put me on manual and send me out a new claim form.

If no payment received before end of this month, will not be able to continue work as can't afford MOT on car and no bus service where I live. Am now owed WTC from 24 March. got 3 months mortgage arrears now and incurring penalty charges every month and getting unpleasant letters from mortgage company every few days, despite explaining the situation to them and trying to maintain payments so that arrears don't get worse. Am getting close to major relapse due to all the stress again - was nearly hospitalised in March due to all this.

Wrote to Gordon Brown in March asking why I should vote for him and explaining WTC probs - the reply from one of his underlings says that my letter has been passed to HM Treasury who will respond to issues I raised (nothing heard, of course), and no reason given as to why I should vote labour in future. Luckily, I have a tory MP, David Maclean, and have passed all details on to him - he was involved 2 years ago when I submitted my complaint (which has never been even acknowledged)- his response to the copy of the G Brown letter I sent him for info says "their incompetance never ceases to amaze me".

Anyone know whether you can sue the government for personal injury? Also can you sue government on Disability Discrimination grounds.

The tax credits customer charter is not worth the paper its written on - in my case they have broken virtually everyone of their promises.

Sorry, was trying to keep this brief, but its so good to find somewhere to vent 3 years of frustration, anger, disappointment, anxiety and fear to people who you know will understand.





Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
20   L A T E S T    R E P L I E S    (Newest First)
romanirai Posted - 07/11/2008 : 18:22:20
I also sent the complaint letter off last week because I had not had any telephone recordings, although I received the paperwork in response to my SAR request at the beginning of Sept.
My complaint letter must have crossed in the post as I received one CD next day. There were only 4 calls recorded and none of the important ones that I need !! However in response to my complaint letter, I received a letter yesterday form Gary Prescott Higher Customer Support, saying; " We aim to send you a reply by 10th Dec. If you need to speak to us about your letter, please phone us at the above number." There was actually another contact number rather than just the helpline !!
So I thought it was worth a go to see if I could enquire about the missing calls and perhapes ask about our most recent claim sent to them in July, which we still have had no response to.
The chap that answered was very abrupt to begin with; however he mellowed as the conversation went on, as I tried to be as polite as possible !! He said the SARS request hadn't been closed at present, so it was still possible I might receive some more CD's. I explained also that we had no money since June and could he see what was happening with our claim for this years TCs. He said that he would chase it up and get the Case Team to deal with the paperwork as soon as possible. Now that I do have his name and another contact phone number, I wonder if it will be a help, we shall see.
As far as you claiming WTC and being disabled. My husband has only been working 16-20 hours a week ever since he began claiming in 2001. He is self employed and qualified for the disability element because he was getting a disability premium with income support when he first applied. I am sure DLA qualifies you for receiving the disabitiy element with WTC. He unfortunately, usually makes a loss each year, so I can't see that there should be a problem, as long as you do the minimum of 16 hours and keep accounts. But who knows with HMRC !!
I think it is shows great tenacity on your part to have suffered so much at their hands and have bounced back and are willing to work for yourself and are still willing to have a go to sort the B*****d's out !!
Alan the Geordie Posted - 06/11/2008 : 18:13:47
>>>What I would give to haul that advisor's ass up in front of a disability tribunal or human rights tribunal on a discrimination charge, or maybe to answer a lack of duty of care charge. If anyone can give me some advice about whether its possible and how to go about it, please do.<<<

Ring up & say you're from Interflora & have a boquet for his wife, but because of some computer problem you're not sure of his address & please could he tell you.

THEN on some dark night, you land on his doorstep wearing your steel-toecapped boots & kick seven shades out of him when he opens the door!!

(It's a Geordie thing.)

"The best way to take control over a people and control them utterly is to take a little of their freedom at a time, to erode rights by a thousand tiny and almost imperceptible
reductions. In this way the people will not see those rights and freedoms being removed until past the point at which these changes cannot be reversed."

Adolf Hitler
whitevanwoman Posted - 06/11/2008 : 17:06:07
Latest update - this morning the postie brought me 5 CDs of phone call recordings. As yet I haven't had a chance to listen to them but there is a huge long list of calls made with a summary of their content. From first glance at the list it seems to tally with my list but I suspect there are several calls missing from the very early days of my claim in 2004.

However, the summary of one call on the list reads as follows:
"AT - advised app that she has had an award for wtc based on her disability. App is not in receipt of DLA and I have removed the disabled marker as of 12/07/05. App would not let me provide her with answers and continued to interupt after warning. Released."

Now I remember this particular call vividly as it was a terrible, dreadful experience - the advisor would not listen to me telling him that I did not need to be on DLA, and that I had been on a qualifying benefit (incapacity ben) and would not allow me to read the guidelines about disability out to him. He was extremely rude and unpleasant, and during the call, out of sheer frustration because I knew I was right (I had the guidelines in front of me) and he was wrong but he was in control of my life and there was sod all I could do about it, and knowing that my financial situation was such that I was desperate for my WTC, in fact I could not afford to continue to work without it, I got really upset and stressed and he put the phone down on me. I think I can safely say that I was not offensive or abusive during that call - but we'll see when I listen to it.

Anyway that advisor terminated my claim straightaway after that call, and by the time I got through to another advisor 10 mins later to (a) make a complaint about the previous advisor (b) sort out the whole situation, it was too late. Apparently my claim had been terminated and finalised 10 mins before and so I needed to put in a new claim.

That was the start of all the real problems, and seems to have been the trigger for the "technical errors" that TCO seems to have been having with my claim ever since.

What I would give to haul that advisor's ass up in front of a disability tribunal or human rights tribunal on a discrimination charge, or maybe to answer a lack of duty of care charge. If anyone can give me some advice about whether its possible and how to go about it, please do.

Before I continue to vent my spleen any further, I need to listen and see exactly what is on these CDs (and what isn't!). I will keep you all posted.

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
whitevanwoman Posted - 24/10/2008 : 23:06:55
Latest update - I sent off a SAR notice to Data Compliance in July, the 40 days were up on the 1st September. I got the paperwork though fairly quickly, to my surprise, within about 4 weeks, but there was the standard "recordings of phone calls will follow at a later date" note enclosed.

I gave it another 40 days after the 40 day deadline, and still having not received any recordings, I sent a letter of complaint, using the template on www.taxcc.org - how to dispute, step 2. That was posted on 20 October (recorded) and I today received a reply dated 22 October from a Flo Hamilton, Higher Customer Support Manager, TCO Preston which says :
"My team will be dealing with your enquiry. We aim to send you a reply by 15 Dec..."

Now is it me or does that seem totally outrageous? - that it is going to take them a further 2 months to reply to my complaint about not receiving all my data within 40 days, ie by 1st September.

Needless to say, my supportive MP, David Maclean, will be sent a copy of my letter and their response.

I will now be submitting a formal complaint to the Ombudsman and I would urge EVERYBODY else to do the same as it seems from the posts regarding SAR information received, that it is standard policy not to send phone call recordings in the first instance, and that they are only sent after repeated requests and complaints. This is ILLEGAL - under the Freedom of Information Act, TCO is not operating within the law and the only way that this is likely to be rectified is if enough people complain and involve their MPs and the press.

This is just another instance of HMRC trying to cover up their own errors by buying themselves time to delete or "lose" the relevant phone calls for victims to prove their cases. Don't let them shaft you a second time round by destroying or denying you the evidence that is rightfully yours.

I firmly believe that although the law may sometimes be an ass (as in the case of Magistrates being unable to overrule an obviously erroneous certificate of debt presented in court by HMRC), the law is the law, and no-one, not even the government themselves is above the law.

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
whitevanwoman Posted - 05/10/2008 : 11:43:14
Latest update - I don't know where the time has gone... it was summer (allegedly) when I last posted about my case and now we're battening down the hatches for the winter.

I did send a letter commending Becky to her manager but received no acknowledgement. I also sent a copy of my letter to Becky so that even if her manager didn't pass it on to her, she would know. I wonder if I will ever see my letter quoted by HMRC in an attempt to prove how good they are - if they do, and I see it, don't worry, I will respond and make it clear that I was commending an individual NOT the institution nor their normal practices!

I haven't yet sent in my invoice for reimbursement of my costs, haven't finished going through all the paperwork - to be honest, haven't done anything on my own case for weeks, been busy with other stuff, work and staying well but am intending to pick it up soon and submit it and will let you know what the response is.

My present claim is still in normal payment and nothing has been heard with regard to the alleged overpayment from 2005 which has been suspended whilst they are "working hard to resolve the technical issues" affecting that claim. Again I will keep you all posted if there is any further news.

At the end of this month, my working hours will be reducing (I work in the tourism industry so over the winter season my hours drop) to under the limit for tax credits for disabled people (ie 16 hrs per week). I intend to start up my own business and will be registering as self-employed at the time that my hours reduce (27 Oct) so I will be working 6 hrs / week for my present employer and probably about 12 - 15 hrs / week self-employed. I do not anticipate making any profit (and probably very little turnover) for at least 3- 6 months, whilst the business gets going. In the first few months, I will be working on my business plan, building stock and doing marketing/networking. I hope to be starting to generate income round about next Easter.

Am I right in thinking that I should still qualify for the disability premium of WTC if the total of my employed hours and self-employed hours are between 16 and 30, even if I generate no income? I am still receiving the highest care level of DLA. Perhaps Splashin or MissFroy2 could advise. I have an appointment with the Disability Employment Advisor at the JobCentre in a couple of weeks who hopefully will be able to advise but any info before then would be really helpful.


If Willow is reading this, I hope that all went well with the delivery of your latest little bundle of joy, and that it was a girl, thus removing any debate about the naming of it with your daughter! Do keep in touch - we joined about the same time so I feel a kind of link with you. You can PM or email me if you don't want to post. xxx

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
Alan the Geordie Posted - 24/06/2008 : 13:53:24
>>Cheers Alan - am doing ok, its just the waiting,,, and the waiting,,, and the waiting,,, sometimes it just gets to you, and knocks you off balance a bit just as you've found a nice safe equilibrium.<<

Yes, I know Bonny Lass. I've been there & done all that myself & don't want to go through it again!!

Nice to hear that your mam's a Geordie. It's probably where you got your Sensible Head from!


"Dave Anderson (Labour) MP for Blaydon rocks!!"
whitevanwoman Posted - 24/06/2008 : 13:34:05
Cheers Alan - am doing ok, its just the waiting,,, and the waiting,,, and the waiting,,, sometimes it just gets to you, and knocks you off balance a bit just as you've found a nice safe equilibrium.

BTW, my mam's from tyneside - way aye man :-)

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
Alan the Geordie Posted - 24/06/2008 : 13:26:22
>>I suspect that sending a letter of concern about my health and the effects all this was having on my health from my Community Psychiatric Nurse with my letter to my MP may well have made a big difference, so I would urge you all that if you feel your tax credit probs are having an effect on your health, get it recorded on your medical records and ask for a letter of confirmation from your GP, even if you have to pay for it (and if you do, consider changing GP) as you can add that cost back to your list of reimbursement of expenses.<<

I agree WVW. I think you have got this spot-on.

I'm pleased that you've got your MP's support - and have been kind enough to let him know about our happy little band here at TCC. Thank you for that.

I'm sorry to hear about your health issues & hope that you'll be feeling better soon.

"Dave Anderson (Labour) MP for Blaydon rocks!!"
whitevanwoman Posted - 24/06/2008 : 13:11:09
Ok guys - latest news ... AN APOLOGY!!!!!

I've just got a letter from my MP (David Maclean Cons - I love him!) with an attached letter from HMRC - MP has asked me to keep him up to date with developments and he will continue to chase it up if nothing resolved in next couple of weeks.

Letter from Barry Malone, Customer Support Manager TCO Preston (I note that they have stopped now giving out their direct dial number on correspondence and are simply giving helpline number).

Letter says :
Thank you for your letter.... I have been asked to reply on behalf of Richard Summersgill... sorry for delay in replying.

I am sorry that a technical difficulty prevented previous payments being issued directly to "whitevanwoman"s bank account. We send payments by cash-cheque to ensure that the tax credits were being paid and received regularly. I am sorry that this method of payment has caused "whitevanwoman" some problems and inconvenience.

My apologies also that attempts to correct "WVW"s previous award is taking longer than expected. We are urgently looking into the technical issues preventing reinstatement of "WVW"s 2005-2006 award and hope to have the problem resolved as quickly as poss. We are treating this case as a priority. I can confirm that recovery action of any previous overpayments has been suspended until problems affecting the award have been resolved.

So that we can closely monitor "WVW"s award, we are assigning a new caseworker who will be sending "WVW" a separate letter shortly giving their name and contact number.


So as I see it:

1. they have admitted technical issues with my original claim - therefore their fault (I have been told on one occasion it was a staff training issue as staff did not know the guidelines properly and therefore claim was initially set up incorrectly, on another occasion I was told that the technical issue was caused by too many people changing details on the claim causing the computer system to eventually reject my claim completely)

2. concern about the phrase "recovery action of any previous overpayments has been suspended until the problems affecting the award have been resolved"- I don't think I have been overpaid, I was simply receiving overpayment notices because the computer system wouldn't accept me and because of their "technical issue" but what this is saying is that if there is an overpayment, they will not write it off, I will still have to go through dispute and appeal process presumably

3. Absolutely still no reference to my complaint submitted July 06 regarding the problems with the 2005-06 claim, nor any reference to any compensatory & reimbursement payments so presumably I will have to continue to fight on to get these which I will not be able to do until these "technical issues" have been resolved.

I will write back to "my mate dave MP" and express these concerns to him (enclosing of course some taxcc posters etc). Does anyone have any other suggestions / comments?

It is such a relief to get this letter - I feel the migraine that has been plaguing me for 4 days receding already - I really did expect a much more negative reply from HMRC but I suspect that sending a letter of concern about my health and the effects all this was having on my health from my Community Psychiatric Nurse with my letter to my MP may well have made a big difference, so I would urge you all that if you feel your tax credit probs are having an effect on your health, get it recorded on your medical records and ask for a letter of confirmation from your GP, even if you have to pay for it (and if you do, consider changing GP) as you can add that cost back to your list of reimbursement of expenses.

Willow, so sorry not to have emailed you yet - really not been so good over w'end but am just about to do so now...

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
Alan the Geordie Posted - 22/06/2008 : 13:31:44
quote:
Originally posted by auntieh

Yes he's a right idiot!

"You can dress a pig in a suit but you can't stop it grunting"



Aye, that's about "right"!!

"Dave Anderson (Labour) MP for Blaydon rocks!!"
auntieh Posted - 21/06/2008 : 23:05:44
Yes he's a right idiot!

"You can dress a pig in a suit but you can't stop it grunting"
Alan the Geordie Posted - 21/06/2008 : 21:04:55
>>Then today a letter from the Customer Support Unit in Preston which says "thank you for letter of 19 April to Rt Hon Gordon Brown (is there anything honourable about G Brown?)<<

Is there anything "Right" about him??

"Dave Anderson (Labour) MP for Blaydon rocks!!"
whitevanwoman Posted - 21/06/2008 : 13:25:05
quote:
Originally posted by whitevanwoman

... my backpayment will be in my bank account by thursday (this means I can pay off my 3 months mortgage arrears). I should receive a proper award notice in due course...


OK - the latest news...
I got my backpayment paid directly into my bank account which is GREAT and am now up to date with mortgage etc...
however, yesterday I got an award notice which says " we are sorry to tell you that you do not qualify for tax credits for the following reason - DUPLICATE CLAIM ALREADY RECEIVED"

Uh, oh! I haven't submitted 2 claims so I'm guessing that the computer system has rejected my new claim because the lovely Becky had already put it on the system. Either that or they have finally sorted out the original problem which means that my new claim has been rejected because they have sorted out all the probs with my old claim. Who knows?! Not quite sure what they outcome will be but I could be getting another overpayment notice now in due course! And I could end up on manual payments again if they've stopped the claim that Becky has set up. I won't bother ranting about inefficiency, incompetence, poor communication etc as its all been said before.

Been trying to get through to helpline to query but "high call volumes - unable to take your call" - same old rubbish. I wonder how many attempts it will take to get through this time?

Then today a letter from the Customer Support Unit in Preston which says "thank you for letter of 19 April to Rt Hon Gordon Brown (is there anything honourable about G Brown?) about your claim. Your MP has also written to us about your case, so we will send our reply directly to him covering all of the issues you have raised." This is from R Cartledge, Customer Support Manager.

So lets see what happens next!



Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
Willow Posted - 18/06/2008 : 10:07:39
Many thanks, whitevanwoman - and congratulations on getting so far ahead with your own case.
whitevanwoman Posted - 17/06/2008 : 12:18:45
MESSAGE FOR WILLOW
Hi, got your message, I'd been wondering about doing that anyway...
Am going to ask advice from PJ, Ali, Sarah etc and will PM or email you back.
Now it looks like my battle may be nearly won, maybe I can help with someone else's. Keep smiling x

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
Alan the Geordie Posted - 17/06/2008 : 11:28:09
>>So in the meantime I shall go back through the past 2 years paperwork, phone bills, bank & mortgage & credit card statements, mileage records etc and work out just how much its cost me and how much I can claim in reimbursement of expenses. I'm also going to claim as much as possible for distress, delay etc<<

Quite right too - their own rules state that you're entitled to this.

>>So for those of you out there - take heart - although alot of the helpline advisors seem like unhelpful gits, there are some really genuinely caring people working for HMRC who do their best to do a good job and go the extra mile.<<

I agree with this, and thank you for reminding us.

>>And the first thing I'm going to do is to write a letter to Becky's manager and copy it to Richard Sommersgill and my MP in praise of her dedication.<<

I'm pleased that you're taking this action. I think it's only fair that if you're happy to write letters of COMPLAINT when things go wrong it's only right that you should write letters of COMPLIMENT when they go right! I would urge ALL of our members to do this.




"Dave Anderson (Labour) MP for Blaydon rocks!!"
whitevanwoman Posted - 17/06/2008 : 10:19:30
Well - my faith in people has been restored by the wonderful Becky at TCO Preston.

She has just rung me to say that she has now got me on the system, has told me what my annual entitlement is, what my 4 weekly payments will be and that my backpayment will be in my bank account by thursday (this means I can pay off my 3 months mortgage arrears). I should receive a proper award notice in due course. I'm pretty gobsmacked!

She said that the computer error causing all the problems over the past few years was caused by manual error (ie the staff putting in wrong info over and over again) and that all that was needed was to put an "end it" on my claim and start from scratch. Why this wasn't done 2 years ago I don't know. She said it wasn't really her job to do this but she was glad to do - what a star!

I asked her if she knew what was going on with my complaint from 2 years ago and she said that there was a note on my file to say that my MP was involved so it was now at second tier. Her advice was that I do nothing further (in case it confused their tiny minds - my words not hers) and wait until my MP had had a response and then take it to the third tier or the adjudicator if necessary.

So in the meantime I shall go back through the past 2 years paperwork, phone bills, bank & mortgage & credit card statements, mileage records etc and work out just how much its cost me and how much I can claim in reimbursement of expenses. I'm also going to claim as much as possible for distress, delay etc as I've got medical evidence to prove the detrimental effect all this has had on my health. I know it could be weeks yet before I hear from my MP but it'll probably take weeks to work out my expenses incurred.

So for those of you out there - take heart - although alot of the helpline advisors seem like unhelpful gits, there are some really genuinely caring people working for HMRC who do their best to do a good job and go the extra mile.

And the first thing I'm going to do is to write a letter to Becky's manager and copy it to Richard Sommersgill and my MP in praise of her dedication.




Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
whitevanwoman Posted - 17/06/2008 : 08:57:05
quote:
Originally posted by Sarah

Hi Whitevanwoman,

If you are happy to use your case in the media, please email PJ direct as she is developing a list of members who will speak to the media. Thanks.



Will do - still haven't fully explored all the site yet - there's too much, but I did see a link to a media list.
Thanks

Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
Sarah Posted - 16/06/2008 : 23:36:31
Hi Whitevanwoman,

If you are happy to use your case in the media, please email PJ direct as she is developing a list of members who will speak to the media. Thanks.
Alan the Geordie Posted - 16/06/2008 : 21:05:37
>>Have been building up a file of incompetence and errors over the past few years and am quite prepared to use it and go to the press if I have to.<<

This - and getting your MP on your side - is the way to win this.

Good luck, keep hitting them and keep us informed!!

"Dave Anderson (Labour) MP for Blaydon rocks!!"

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