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 Use COP26 to win
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Ali M-W
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3558 Posts

Posted - 27/09/2008 :  07:59:06  Show Profile Send Ali M-W a Private Message
The new COP26 HMRC are using sets out responsibilities for them and us, and whilst it's still skewed in their favour, pointing out their failed responsibilities to them can only help our case. This is what the expectations are:

HM Revenue and Customs should:
o Give correct advice
o Record and use information accurately
o Correct errors notified by claimant
o Update reported changes in circumstances within 30 days

The main responsibilities for the claimant (from 1 February 2008) are to:
o Give accurate, complete and up to date information
o Report changes in circumstances
o Use the checklist to check every award notice
o Tell HMRC of errors in an award notice within 1 month
o Check that amounts received agree with the award notice

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If HMRC follow their policy, they will look at your case and your arguments for write-off and compare what you did and what they did to the above points. Forgetting the 'use the checklist' responsibility if the problems on your claim pre-date their ever being checklists sent out with award notices, all claimants I know can easily say that they carried out the first two requirements, and most have spotted and advised of HMRC errors - those which are visible to us, of course. So if this applies to you, I see no harm in stating it.

Now for the fun bit! HMRC's responsibilities... I had to smile when I re-read these. Have you always been given correct advice? What about being told to put your salary down as zero? Or that your daughter was counted as being in full-time education? Or that the level of Disability Living Allowance you were on meant you should be getting that money? If they have failed you - spell it out for them!

Have they recorded and used information correctly? When you have dried your eyes from all that laughter and that stitch in your stomach has gone, I hope you don't get writer's cramp or repetititive strain injury from your keyboard as you log all the examples of their idiocy. Your mother, sister, brother etc. logged as your children. Your salary suddenly becoming zero for no reason. Leaving off children. The list is endless. And have they kept your information safe? Or did you only learn you had an overpayment they were threatening you with court over when your next door neighbour brought you round the misdirected - and opened and read - correspondence? Were your SARN papers (all your documents and calls) sent securely to you, or did you get someone else's info, or have the papers delivered fallinging out of the open envelope, or sent to the ex-wife? All this has happened...

Correct errors notified by claimant? ROFLMAO, that's another howler, too. So you told them you have the same number of children you have always had, and haven't suddenly sent them away in a spacecraft to Neptune? And why didn't they add your partner's child rather than subtract your own children? Shame we have to be their auditors, but we do. Point out everything you've told them and the crazy things they did afterwards. And then go and lie in a darkened room to recover your composure for a while, as you will probably need to (your fingers may well be itching to strangle somebody by that stage).

Update reported changes of circumstances within thirty days. Days it says, not years. This is one you might need your SARN documents for, which often clearly show that you rang them about your partner moving in in May, only to still be reminding them of this in October.

This framework is also going to be a useful one to hang horror stories onto when we go to the Press. People hounded prematurely into court. People told they are debt-free only to be pursued again.

Good luck!






Morpheus: They are the gatekeepers, they are guarding all the doors and holding all the keys.

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Ali M-W
Mod



3558 Posts

Posted - 15/12/2009 :  07:42:16  Show Profile Send Ali M-W a Private Message
Just posting again to bring these HMRC "responsibilities" to the fore. Citing where HMRC has not met their responsibilities but you have met yours is the way to win your dispute. Here are the phrases you need to drop in to your letters:


HM Revenue and Customs should:
o Give correct advice
o Record and use information accurately
o Correct errors notified by claimant
o Update reported changes in circumstances within 30 days

The main responsibilities for the claimant are to:
o Give accurate, complete and up to date information
o Report changes in circumstances
o Use the checklist to check every award notice
o Tell HMRC of errors in an award notice within 1 month
o Check that amounts received agree with the award notice

Don't worry if you didn't do something on your part of the list because your overpayment predates, for instance, this list of (retrospective) claimant responsibilities and the inclusion by HMRc of a checklist with your award notice (which basically tells you what things they might get wrong that you need to check). If you weren't pre-warned or prompted, you couldn't expect to intuitively know, so just chalk that one down to HMRC's failure to "give correct advice"! (Not warning us that this was effectively a loan certainly counts as failing to correctly advise us, in my book!).

Good luck with this. This is how you'll win your case. If you need or want any pointers, just ping me an email or post on this forum for help.


Morpheus: I'm trying to free your mind, Neo. But I can only show you the door. You're the one that has to walk through it.
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