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Minxz
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
 Posted - 30/06/2008 : 23:16:49
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Hi
Just found this forum, so i'm really hoping someone can advise/help me.
I used to work part-time as a single mum, with 3 children, and got tax credits to top up my wages. I went on maternity leave when i became pregnant with my now 2 year old. Then my partner moved in. I let the tax credit people know by phoning them with new details every time a change occourred, just as they ask. Last time i phoned was to let them know of change of address after a councul swap we did. They asked if i was working, so i said no, they asked if i was on maternity leave- and i said i was, but no longer. The whole phone call was a mishmash, and the heavily accented man was hard to understand- but i thought at least he'd get my details right when i told him!
I also went through the members of the household- including my partner, as i was unsure whether we'd qualify for credits as he has a decent job.
I got a letter changing my awards with credits, and was only slightly lower, so i phoned and they said that was right.
Well, today i got a letter telling me I'm going to be investigated, and I am very worried. i phoned the tax office number on the letter, and he said it was nothing to worry about and i could speak direct to the lady who sent me the letter if i called tomorrow( tuesday)
I said i was unsure why i had this letter, and he said it was standard, then proceeded to ask me about my job. i told him i wasn't working, i was home looking after my toddler.. and he asked how i lived! So i said, my partner supports me the children. problem- he had no details of my partner.
So now I will end up talking to someone tomorrow, and i'm panicking a lot- I have 4 children,no job, and they haven't put my partners name down. They asked me to fill in a claim form with the new details in, so i did,so surely they'd have got it?? ( this was last May/June 07)
Does this mean I will have to pay back a years worth of credits? I worry a lot, I panick easily ( had bad pnd, and suffer bouts of depression since tots birth) and have been imagining the worst- that they will think i did this on purpose and take me away from my children.
Please can someone tell me I am overreacting?
Has this happened to anyone else? What happenes.. should I speak to the credit investigations lady tomorrow, and what do i do if they really don't have any record of my partner living here??
We pay our rent, housing tax etc,in full, no benefits- and he's on the tenancy- so we have never concealed the fact we live as a couple.
Thank you for your time- sorry my message sounds so panicky and garbled!
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 30/06/2008 : 23:33:31
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Hi Minxz - welcome to the club!
You ask; "Please can someone tell me I am overreacting?". Well, yes I think you are but would add that it's perfectly understandable - we've all been there!
It is important though, to understand that NOTHING is ever worth getting yourself depressed over - and I say this as one who has a history of depression myself as well as a suicidal son.
It's very typical of HMRC Tax Credits to screw-up - we've all given them the correct information in a timely manner & they haven't acted upon it as they should.
When you speak to the investigations lady, just try to stay calm & focused (not easy I know) and tell her the truth - that you did all that you were asked, when you were asked. No one can expect more from you.
That will be the first step out of the way and we'll take the next one when it comes.
Other members will be along in due course to offer help & support, so keep coming back to us.
Remember - you're not alone and you have good friends here.
"Dave Anderson (Labour) MP for Blaydon rocks!!" |
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Minxz
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 30/06/2008 : 23:38:28
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Oh thank you! I have been sat here hoping someone would reply while having a good cry!
I appreciate your time & calming words- i will come back after i have phoned them tomorrow.
Thank you.
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Robert
Da Purple one
United Kingdom
827 Posts |
Posted - 30/06/2008 : 23:40:54
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Hi Minxz..
I have stolen this from one off Ali's posts on the forum..i hope it helps.
The worrying letter from HMRC
(29-05-2008)
What if one day you receive a brown envelope in the post and inside is a letter from HM Revenue & Customs telling you that they are making some enquiries into your tax return or tax credit claim?
How will you feel? Worried, confused, irritated or perhaps, even angry? But what should you do?
What do the Revenue mean by their letter? Do they think that you have actually done something wrong? If they don’t, why are they asking questions?
If this is happening to you and you want to know how to react, then we have updated and expanded our advice section entitled How to survive an enquiry by the Revenue.
If you are someone who has deliberately set out to defraud the Revenue then these pages are not for you: you will need a good lawyer. But for others we hope that it takes some of the mystery and worry out of the enquiry process.
http://www.litrg.org.uk/news/latest.cfm?id=546
http://www.litrg.org.uk/help/lowincome/selfemployed/assessment.cfm#tc .. another link from the Litrg site
The truth is out there.. GO get it......Non Illigitamus Carborundum
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 01/07/2008 : 07:23:27
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Hi Minxz,
The article Robert quotes is a long one (you'll find the rest by clicking on the link in that article), but it looks as though ths might be the main bit you want:
How to survive an enquiry by the Revenue
What if one day you receive an envelope in the post; inside is a letter from HM Revenue & Customs telling you that they are making some enquiries into your tax return or tax credit claim.
How will you feel - you might be worried or confused or instead you might feel irritated or even angry? It might be a mixture of these.
And what do the Revenue mean by their letter? Do they think that you have actually done something wrong and if they don't know whether you have, why then, are they going to ask questions?
In this part of the website we look at:
Why are the Revenue looking at my return and what should I do first?
What should I do next?
How should I act when I am dealing with the Revenue?
Will the Revenue give me any information to help me understand how an enquiry works?
What are the stages of an enquiry?
The opening letter
Supplying documentation and information
If the Revenue ask for a meeting
What to do before during and after the meeting
Before the meeting
During the meeting
After the meeting
Closing the enquiry
Getting professional help
What to remember - a summary
Enquiries in more detail
A stand-alone self-assessment enquiry
A self-assessment enquiry which then leads on to a tax credits enquiry
A stand-alone tax credits enquiry
A tax credits enquiry which leads on to a self-assessment enquiry
Negotiating a settlement involving penalties with the Revenue
Human Rights Act 1998
Why are the Revenue looking at my return and what should I do first?
The first thing is not to panic. Some enquiries (you might hear them called checks, examinations or investigations, but they are much the same thing) are chosen on an entirely random basis - you won't know if you have been chosen at random and you won't be told. This notification does not automatically mean that someone thinks you have done something wrong.
The Revenue carry out random enquiries so as to test their overall systems. So it is entirely possible that you have done nothing wrong at all. It is just the luck of the draw if they have chosen you.
Revenue queries arise because there is something they don't understand or they have some information which makes them think your tax return or claim might be wrong. Even then there is a good chance that you will be found to have acted correctly.
Revenue employees are instructed to keep an open mind and also be aware of the possibility of errors in your favour as well as in their favour.
If the letter asks just one or two simple questions, it is likely that this is a limited enquiry, often referred to as an aspect enquiry by the Revenue where they just want to double-check information you have provided. The Revenue may ask for documentation to support this information. In a full enquiry you may be asked more extensive questions and be asked to provide your business records if you are self-employed. The enquiry notice should specify whether the enquiry is a full or aspect.
Don't assume that the enquiry notice will go away if you ignore it. It won't!
If you know that you sent in your return with the deliberate intention of misleading the Revenue or you cannot really be sure whether the information you provided was right or wrong - it is likely that you now need professional tax or legal advice to help you sort things out.
The rest of this Guide is not for you.
However, the vast majority of people who receive an enquiry notice of some sort cannot think why there is a need for the Revenue to ask any questions at all. It may just be a random enquiry, or it may need just a one-line response.
Whatever the request, it can be an unsettling or even frightening experience. Can you be entirely sure you read and understood everything you should have? Probably not. The Revenue realise that and should approach the enquiry with understanding.
http://www.litrg.org.uk/help/lowincome/selfemployed/assessment.cfm#enquiry
If it's any consolation, I was told by someone who went through my papers when we were trying to find where HMRC had messed up (because they had) that I had been under an enquiry too at one stage - I just hadn't known about it! So there is life afterwards...
Don't forget, if it all gets too heavy or daunting for you, or feels as though they are going into unnecessary detail and acting as though it's all your fault - you do have your MP to protest to! In fact, you could always let them know now, as depending on who you've got (and if you're lucky it won't be a Nu Labour one) they may let HMRC know if they think you are being treated particularly unfairly or heavy-handedly.
We are here for you if, or as and when, you need us. If you haven't already, go to www.taxCC.org and have a good look. From there, you can click on 'Contact us' and ring or email Paula Dean, the person we have to thank for all of this, who runs the Tax Credit Casualties. She gets a lot of caseload calls/emails, as you can imagine, so you may need to leave her a message, but she will get back to you. She has had a lot of people contact her about enquiries, as well as just about everything else which can come up or go wrong with a tax credit, so you will be okay.
Please don't get yourself in a state about this. If they claim you didn't tell them about your partner, it looks likely that they didn't act on that phone call, but when you send for your papers and call records, that is the call you must focus on. Just try to tell yourself that because you told them, there will be something somewhere to prove that, and don't let it freak you out. You will be okay. Good luck!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 01/07/2008 : 08:42:38
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I have just had a look at the info Ali-MW has posted and it seems to cover most of the points re enquiries.
If it turns out that HMRC has paid you as a single person rather than a couple, then you will I'm afraid have an overpayment which will then have to be disputed. It should be fairly easy to check this yourself - find any award notice after you made your joint claim and see if it has your partners name on it.
If you do have an overpayment then you can dispute it using the grounds you talk about above - if you did make a joint claim and you did inform them of your partner moving in then you should do a data protection request (SARN) for copies of all of the documents HMRC hold.
Finally, do seek advice. There are plenty of agencies out there who will be willing to help if an overpayment is uncovered or support you through an enquiry. Ali MW posted an article from LITRG website, but also Citizens Advice Bureaus, Welfare Rights at your council etc will also be able to help.
As for the enquiry, speak to the person running it. I have never worked in the compliance area myself, but have crossed paths with them in the past. They have access to a wide variety of information so just be honest, explain what has happened and they will let you know if anything will be changed on your award.
From a compliance point of view, they are looking at the state of your award and whether the claim was correct. If it is a single claim instead of joint, compliance will correct this which as I said above could lead to an overpayment. They will also look at why this happened and whether to enforce any penalty - obviously your information regarding making a joint claim and informing HMRC etc is relevant to this and if indeed that is all correct then I can't see a compliance officer giving you a penalty. More likely is that they just amend the award.
If an amendment to the award is made, and an overpayment results, the compliance officer will not have any power to write off the overpayment. It will move into the normal dispute procedures.
MF2 |
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Minxz
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 02/07/2008 : 00:23:30
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Thank you all very much- there is a fair bit to take in, but i really appreciate your help.
I wasn't able to get through to the compliance officer today, so will try again tomorrow. I have calmed down a bit today, but am still very worried. I actually recieved a claim form for this years TCredits.. which surprised me- so should i fill that in too.. or leave it now all this is happening?
What are dispute procedures?
What is a SARN?
Thank you!
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 02/07/2008 : 03:38:32
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Hi Minxz.
I'm glad you've calmed down a bit - you should be able to think a bit clearer now.
I'm not sure if you should fill in your new claim form & am hoping another member can advise you on that, but I can answer your questions what the dispute procedure is & what is a SARN.
The SARN - to answer your 2nd question first - is a letter/form that you send to HMRC Tax Credits which instructs them to send you copies of all the records that they have on you, which will be a stack of paper about the size of a telephone directory. You should also get either with it or separately a CD recording of all of your telephone conversations that you have had with them.
Since the Freedom of Information Act came into being, they must send you all of this very soon after they receive your SARN.
Right, now for your first question which was what are the dispute procedures;
Our little organisation - Tax Credit Casualties - has 2 parts to it; This part which is the Forum, and another part which is the Main Site.
At the very top of this page under the heading Working Family Tax Credits, you will see links "Home", "Profile", "Register" etc. Click on "Home" & that will take you to the Main Site where you will find info on how to dispute. You will be able to download our Dispute Pack which also has the SARN stuff in it.
You will also see a link to our petition that I would like you to look at & sign.
Have a good browse around all the other stuff in there as well.
Any questions please ask.
"Dave Anderson (Labour) MP for Blaydon rocks!!" |
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New here- Investigation letter- V worried
