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craigewan
Rank; Hector Tax Inspector
United Kingdom
1 Posts |
 Posted - 25/09/2008 : 15:27:11
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I have received a letter on behalf of Claimant Complaince telling me they intend to visit our home on the above date to discuss my husbands overpayment.
They initially contacted him in March 08 as a routine check, but he/we were not receiving any payments from TC's at the time so thsi all came as a bolt of the blue.
They asked for proof of mortgage, bills & for information regarding 3 children but not our actual daughters details ~ the 3 children were infact my husband sister, his ex wife & ex mother in law!!!
When explaining this for the 100th time ~ they told him he should of notified the HMRC but trying to explain that he couldn't get through the security questions on the phone back in 07 and then the payments had stopped January this year he thought it had all been sorted.
We have now received all data from HMRC showing what details they have on him ~ and it shows as his mother making the claim over the phone.
They had the letters he/we sent recorded regarding the wrong details, they had my signature & income details on the end of year return but I was never mentioned on the claim, nor our daughter but he was & this 3 kids!! They want all money back which last we seen in letter was £14000 plus a £3000 fine.
They were told this was wrong and at the moment we still aint getting a cent even though we have a daughter.
What do we do next as we haven't got what we were entitled to but have to pay it all back after sending letters & sending back the schedules clearly showing the mistakes but now when they see its wrong they are coming after us full force and we have this meeting in our own home to take part in ~ can anyone help me to what I do next & do I have to let them into our house???
I do apologise if this is all over the place but my hands & head ae going 100mph and its just by chance I came across this forum after doing a google search for help ~ Samaritans are next!!!
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 25/09/2008 : 16:35:35
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Do look at www.taxCC.org, but sounds like a story for the Sun/Mirror/Mail etc. to me!
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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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 25/09/2008 : 19:37:47
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Aye, I agree.
This is definitely one for the press to get their teeth into.
"Dave Anderson (Labour) MP for Blaydon for Prime Minister!!" |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 29/09/2008 : 10:59:57
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Hi Craigewan,
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
http://www.taxaid.org.uk/uploadedfiles/document/2_90_Q2__I_have_a_Tax_Credits_overpayment.doc
So, this is what I would do:
Write an complain that HMRC (who ‘run’ the Tax Credit Office) have NOT met their responsibilities to you under the new COP26, whilst you have met all the responsibilities you were aware of at the time. Say that they failed to ‘record and use information accurately’, because the three children they had down for you were not the children you had reported to them, but your ‘husband sister, his ex wife & ex mother in law!!!’ This was an error of their own making, not yours, so you will not under any circumstances be held responsible for any overpayment which may have arisen because of this ridiculous mistake – incidentally, of the very kind that the tabloids would be most interested in (you might want to make this threat clear, because HMRC abhor bad publicity).
Tell them, too, that they failed to ‘correct errors notified by the claimant’. You write about ‘explaining this for the 100th time’, so it is clearly evident that you followed your own responsibility to ‘Tell HMRC of errors in an award notice’. They probably did not meet their responsibility to ‘update reported changes in circumstances within 30 days’ – if instead of ‘changes in circumstances’ you substitute ‘errors’. In other words, once you had told them of their mistakes, did they do anything about it within a month?
Did they give you ‘correct advice’? You mention ‘he couldn't get through the security questions on the phone’, so if the adviser taking that call was incorrectly barring him from getting through and notifying HMRC of errors and queries, she was effectively barring him from having access to ‘correct advice’.
You also say that ‘it shows as his mother making the claim over the phone’. How could this have happened? Was ‘correct advice’ given by HMRC? Did she actually call, or have they simply failed to ‘record and use information accurately’ again? I would seek some clarity on that, and talk to Citizens Advice or some other (independent) advisory body over this.
I really don’t think you are obliged to let these people into your house. If it were somebody neutral, who was going to carefully go over all your paperwork and records and advise you and help you fight your corner, that is one thing – but if you let an HMRC official into your home, there is every chance they will seek to pass the buck to you, and pressurise you into signing up to a repayment plan. I would advise cancelling this meeting and saying that you are seeking independent advice and want a proper explanation of what has gone wrong first, before you will entertain the idea of seeing somebody. It is your home you will be letting this stranger into, and their role is purely and simply to get a settlement of the ‘debt’. You can always call another meeting when the end of the road is reached, but you haven’t even started the dispute process yet!
I hope this helps, but see what other forum members have to say (particularly Miss Froy, Samthe and Splashin), as they may have other insights and ideas.
And do look at www.taxCC.org !
Sorry I didn’t reply more fully last time – but I didn’t have long, and yours was exactly the quirky kind of situation which the papers love! (That can often expedite justice, as HMRC hates to be shown up by the press and the Tax Credit Casualties…)
Morpheus: They are the gatekeepers, they are guarding all the doors and holding all the keys.
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samthe
Rank; Private Primate
188 Posts |
Posted - 30/09/2008 : 21:28:30
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I don't think I've seen anything as bizarre as this before! As Ali sets out, there are a lot of questions they have to answer and you certainly need to start the complaints process (& make sure you do it in writing, by recorded delivery and keep a copy of everything).
I'm a bit in two minds about whether you should go ahead with the Compliance meeting. The only one I'm aware of where they visited a claimant at home ended with the Compliance Officer satisfied they had got it wrong, so it really helped. However, a lot does depend on the attitude they adopt and how clear and certain you can be (with the documents you have got)about the true facts. If you do have the meeting make absolutely certain that there are at least two of you there, & make notes as you go along of what they are saying and of your reply. (They should send you a record of the meeting afterwards and you can check it against your own notes.) Do not let them scare you or frighten you into admitting anything, if you don't understand something say so, do not agree to any repayment plan and do not sign anything unless you have first read it AND UNDERSTOOD IT and are fully satisfied it cannot harm your case. And go ahead with your own complaint anyway. |
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Calling on House 1st October HMRC
