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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
 Posted - 21/10/2008 : 20:08:24
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Sorry everybody, I am a bit of a newby with all things Com especially forums.I am star ting to panick because I want to submit a dispute letter (because it is excessive)but the 3 forms I recently received,Final tax credit decision for 05-06,06-07 and Provisional tax credits for 06/04/08 to 31/08/08 all had this in them: "Overpayment Up to 5 April 2005","Overpayment Up to 5 April 2006","Overpayment Up 5 April 2008" respectively. After each entry is the figure: 9368.
It looks ridiculous.Are they just trying to frighten me?It is totally vague.Well it wouldnt mean all of them or that would mean 150% of all they paid me to date.
The other thing they all say is "not being collected at present" so maybe I have still got a bit of time to get a few facts?
I dont know if anyone could tell me I have got it all wrong or whatever, all the best,Len
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Rachel01
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
 Posted - 27/10/2008 : 13:45:18
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I would ring Tax Credits helpline and ask for a dispute form, Then write to HMRC Data protection Unit and request copies of everything in your files from Tax Credits, And while you are waiting for that to arrive find your local MP and book an appointment to see him/her
ASAP, they are the only real route to getting your voice heard.
It will take a fair few weeks to recieve your Data Protection Pack from HMRC, So don't panic.
In the meantime also don't sit quietly letting them walkn all over you, Email and phone the HM Treasury and The Commons, tell them everything,
I did this myself, i would email almost daily, and spend hours ringing around going on about my case.
The more fuss you make it seems the quicker they act,
I've been fighting my overpayment for nearly 2 years, And my MP David Laws was a god send, he knows how many mistakes are made at HMRC Tax credits, and really wanted to help us,
It turned out the evidence of our innocence, and HMRC's incompetance was within my files from the Data Protection Unit,
and they wanted in total £7,300 from us.
Check all your paperwork throughrally, know your files inside out, when they arrive that is.
We are all victims here, and will help with advice should you need it,
Ali, Paula,Jess and sarah and myself are all here to give you the best advice we can.
R.A. stirling |
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jess
Da Purple one
United Kingdom
51 Posts |
Posted - 27/10/2008 : 18:04:08
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Hi Len, go to the main website www.taxcc.org and follow the "How to dispute" link. You will find step by step instructions on what to do and letter templates which you can download and amend to suit your circumstances.
From what you have said in your post it seems that your overpayment dates from year ending April 05 and it has been carried forward until now and for some reason they have not collected it from you. This may be because they have only just decided that there is an overpayment. However I am not an expert and there are other forum members with much better knowledge of the system than myself.
Step 2 of the "How to dispute" section will tell you how to submit a SAR request - that means basically asking for a copy of all the information held about you. You will probably receive a ream of paper which at first glance will seem meaningless but if you follow the instructions on the website and ask for help understanding this paperwork here on the forum when you receive it, you may well discover the reason for the overpayment.
Rachel is correct in advising you to submit a dispute form and apply for your information ASAP as any demands for repayment will be suspended whilst you are in dispute and it may take some time for you to receive all your information. From what people are reporting on the forum, it seems that recordings of telephone calls are not sent out with the SAR paperwork and in many cases it is taking months for these to be received, if at all, and only after repeated requests and complaints. You should receive your all your information wihin 40 days, including these recordings, so if you don't, make sure you chase it up and if necessary put in a formal complaint as this is illegal under the Data Protection Act.
Have a good look at the website and at the success stories here on the forum and be reassured that it is possible to get these alleged overpayments cancelled.
If you feel that you can't deal with all this on your own, seek advice from CAB or another support organisation and of course, come back to the forum with any questions or just for a rant!
Good luck.
All Human Beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, not to attacks upon his honor and reputation. Everyone has the right to protection of the law against such interference or attacks
Articles 1 and 12 Universal Declaration of Human Rights 1948.
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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
 Posted - 31/10/2008 : 21:53:12
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Thank you Rachel01 and Jess.Sorry for not replying til now(had some additional problems). I suspect I may have made at least one accounting error when submitting my figures over the years.
however, on wednesday, I got 2 forms of amended Tax credits awards generated by my submitting some information and figures they wanted verified.
O one of the two forms is a paragraph:"Overpayment
Up to 5th April 2008 £9368
Of this
£66.62 will be collected from the rest of your payments for this award period.
£8658.86 is an adjustment to put your record right.
£642.52 will be collected from future award(s)by reducing your payments under section 29(4)of the Tax Credit Act 2002.
Please contact us as soon as possible if you think any of these details are wrong."
well Ive got no way of knowing if any of these details are wrong.It would not be so bad if they were just taking £642 from my awards for the next 3 years or whatever. So as far as I can see,I am not in a position to file a dispute at the moment at least until I can prove them wrong.
I was lucky enough to get an appointment at the local CAB for Tuesday 4th which I didnt expect to get so quick.
Thanks again and I will let you know how things are going. |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 02/11/2008 : 05:22:10
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Len
This is GREAT NEWS they have found a fault in the computer system claim and have now adjusted the record. I understand there is a minimal amount still outstanding, and you do say you made an error throughout the years which you can account for. Even though victory is sweet, I still would like to ask. Did you really owe anything at all? I would contact the relevant department and as just what this new award notice means, they will have too give you an explanation why it was remitted and also a fresh explanation regarding the outstanding amount left over.
Great Stuff !!!
Splashin |
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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
 Posted - 02/11/2008 : 20:47:19
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Thanks Splashin. I am so grateful to all you people out there for all the kind advice. This news sounds like a breakthrough of sorts. Forgive me if Im mistaken but does this mean that a lot or at least some of the extortionate Overpayment cases are mainly down to a dodgy piece of Software? (please say yes)
I dont like speaking to them much since I encountered a bloke back in April who treated me like I was the only obstacle in his way of getting to the toilet in a hurry. Any more of that and Id probably blow it by losing it. youre quite right I should approach them and try to get the low down of what they are trying to do although I will probably get blinded by a volley of figures and "adjustments" |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 03/11/2008 : 08:16:08
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'...I will probably get blinded by a volley of figures and "adjustments"'. That's exactly it, Len. HMRC will attempt to explain away problems of their causing by sending page upon page - eventually, after years of nagging, questioning and telling them you don't understand - of figures, but all it needs then is a 'trained eye' or someone who isn't freaked out by page after page of complicated figures to actually then prove them wrong. And my guess is that they will be.
Well done with your recent success. Once they chisel part away, believe me, that is the beginning of an admission of failure on their part, and you can bet your last pound that there will be other problems, too, accounting for the rest. Do continue until you have a complete write-off. After all, the current system is a complete write-off... And those who would seek to confuse and bamboozle us know this well.
Morpheus: They are the gatekeepers, they are guarding all the doors and holding all the keys.
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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
Posted - 03/11/2008 : 20:18:23
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Hi Ali. Yes their are errors,I am pretty sure and they seem to use "sod's law" if they are in a hurry, I suspect. Once, in July '06,without warning they stopped my payments. The guy admitted error when I eventually phoned them.I expect that Cd will have been long since microwaved by now.
Actually,that was when they started "manual payments" and paid a Back payment which I thought was OK at the time but having read some of the posts Im not so sure.
I suppose I should request my file Data to get the missing "jigsaw bits" But I dont think dispute anything until I have something concrete to go on. |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 04/11/2008 : 21:08:33
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Len
The amount shown in the adjustment bit is the amount remitted, due to technical fault on the system. The amount still outstanding I think will be due to the 12 weeks backdating, which was used very regular by HMRC processors who didn't know and probably still don't know what implications backdating a claim can do.
I would sit tight and await your SAR documents, prior to you sending your dispute. Not that I think you don't already have an solid case for remitting as it is, because I do. Just in case (as you say) you may find more pieces to the jigsaw, which will give you extra strength in you dispute.
Splashin |
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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
Posted - 05/11/2008 : 21:06:47
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I went to see the guy at the Cab yesterday who's more or less taken over from me.He will look into my forms to see if there is anything which suspect and I will go back to him once he has made some conclusions.
So I will be sitting tight for now but I am not sure if I should go ahead and get the sar docs or wait for the Cab bloke to decide. I think it would not do any harm for me to get the Sar Documents while I am waiting. |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 06/11/2008 : 00:09:20
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>>>I think it would not do any harm for me to get the Sar Documents while I am waiting.<<<
I think I agree - you should get your documents AND the recordings of your phone calls if any.
The way I see it, the more hassle you give them the better, and everytime someone requests copies of their documents & calls it makes something for someone at HMRC to do.
"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 |
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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
Posted - 06/11/2008 : 14:20:40
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| Thats it, Alan.I will get to it and sooner the better if they have 40 days.( I will try not to burst into laughter when I hear how silly I probably sounded on some of the cds) I did find some of the "advisers" were pleasant but in the current climate they cant blame us for having a war on their hands. |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 06/11/2008 : 18:17:51
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>>>I did find some of the "advisers" were pleasant but in the current climate they cant blame us for having a war on their hands.<<<
Personally, I'd rather deal with someone who is a complete cnut but who is competent at their job than a "Mr Nice Guy" who isn't!!
"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 |
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Len
Rank; Hector Tax Inspector
United Kingdom
11 Posts |
Posted - 07/11/2008 : 15:57:08
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| Something I forgot, Alan. Youre probably aware of this. When I phoned them on 20th Oct, first thing the bloke said was " are you able to give us a moment of your time to participate in a Customer satisfaction survey?"(possibly not the exact wording)which I declined. |
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Should I ask them what the hell they mean?
