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foolsgoldmine
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
 Posted - 29/10/2008 : 14:47:59
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I started to get letters from the compliance team stating that they were doing a random investigation into my 2006/2007 claim. I was also being investigated by Council Tax benefit dept. This was I think, prompted by my changing claim from single person to a joint claim. I also had other litigation problems going on, one from Virgin who had been taking money from two direct debits unlawfully, causing bank charges, (£150- 200 per month)and Abbey themselves refused payment on two occasions when the money had been there and I was charged for those non payment of direct debits, and the charges accumulated over the year. Somebody crashed into my car and wrote it off, but drove away before I could see them, so I lost my car and couldn't afford to replace it, insurance went on bank charges, I also became ill with an autoimmune disorder and depression. Therefore I asked complaince team to stop the claim, as I thought was my right. I wanted to put it on hold at least until I had less on my plate and was trying to lessen the stress which affects my illness. I was under the impression that if you ask for it to be stopped, they have to stop and they have to give good reason to their people in order to then recommence with their enquiry. This didn't happen. I had a phone call, off compliance officer on my case, who was asking me questions. He asked me whether my partner and I had been supportive of each other during the time we were separated and I said "Yes, we were still friends, and he helped me with the children as I was unable to walk at the time due to reumatiod arthritis in my knees and feet". Next thing I knew, I had a letter telling me that my claim for 06-07 was incorrect and recovery was to be made for that year, and also the following year to allow for any penalties and/or interest. In total £33,169. Ok, so now what do I do. The laughable thing was, a joint claim would have left them owing us money as my partners business went into liquidation and he received no income from March 06 onwards, so mortgage payments ceased. On top of that, my current Tax Credits benefit has been stopped, no explanation for that one, a letter says thank you for informing us of my change in circumstances. What change? As a nurse, I am presently waiting for this years Criminal Record check to come through before I can get any more work, so I have no income and my partner is not doing very well in the construction business that he set up once his factory was closed down. We have no money coming in apart from the Tax Credits and now we don't even have that. I don't understand what has happened. Can anybody give me some advice.
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missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 29/10/2008 : 17:13:34
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Sorry to hear about the problems you had. What name did you post under originally?
Might be useful if you could post a link to your original post and see the advice you were given.
MF2 |
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Robert
Da Purple one
United Kingdom
827 Posts |
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missfroy2
Rank; Captain Gordon
236 Posts |
Posted - 29/10/2008 : 19:34:11
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If that is indeed your original thread - did you tell HMRC about the childcare as discussed in that thread?
MF2 |
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PJD
Da Purple one
United Kingdom
269 Posts |
Posted - 29/10/2008 : 21:57:02
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| can i ask why you titled this thread this way please? |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 30/10/2008 : 08:22:11
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hi Foolsgoldmine,sorry to hear of your recent experiences and the stress you have been under.
Firstly, I'd be very surprised/upset if advice on this forum had set you on the wrong tracks, because contributors here very rarely give prescriptive advice, unless it's of the 'tried and tested' variety such as 'enlist your MP', 'contact the papers', 'complain repeatedly' or 'dispute your overpayment and quote COP26 guidance as to HMRC's responsibilities in support of your case.' Even though there is a rider on our main website at www.taxCC.org.uk that we are not tax proferssionals but lay people fighting our own cases (including many who have already won), it seems to me that we are all very cautious about glibly saying, 'this is what you definately should do', and for my own part I don't make any suggestions when the topic is beyond my understanding. Picking any new member thread, you will usually see a debate going on as to possible options, and just to make things clear, I do think it important that people still carry on enlisting the help of the CAB, LITRG, their union's Welfare Office, other Welfare Rights Advisors, etc. If nothing else, these give a valuable second opinion (often to praise our dispute pack and resources!), and the bigger organisations like CAB and LITRG will be keeping tabs of the level of disputes they get and what these involve, which do get fed back to our lovely, altruistic, ever-listening government.
I have been trying to follow what has happened to you, and in what way you may feel as though - as the topic implies - you have been let down? If we knew that, we could quite possibly help. I also wonder, when you have used the title 'I followed forum advice and lost everything!' you actually mean 'thanks to you lot, I am really stitched up now', or if you mean the less condemnatory, 'well, it looks at this stage as though I have lost my dispute, but I'm at a loss to know why, because I did everything people here would have done'. If it's the former, we'd want to know - because we take great pride in what we do here, and want to get it right, and helpn as many peopler as possible - and see where the error may have been, so that we correct any 'advice' which wasn't right. If it's the latter, as your words, 'Ok, so now what do I do' suggest (you wouldn't be asking, I hope, from further pointers and suggestions from us if we'd really messed things up big time for you!), then what I would say is this: it's really, really common for poeople to do the right thing and STILL have HMRC coming back to them saying, 'yeah, but no, but yeah, but no...' and that although they admit they were wrong, it's still down to us to pay. Sadly, that's the way it is. But at this stage you don't lie down and acquiesce, but pin them down as to exactly why they are maintaining you must repay any overpayment and then come back at them again. Disputing tax credits is not like shooting a wild animal - you do it once and then the game is completely over - but like a game of tennis between two pro's. Deuce. Advantage. Deuce... It goes on for a long, long time. And for any doubters - do see the straw poll on the website home page for length of time most have been in dispute!
Finally, the key words for me are these: "The laughable thing was, a joint claim would have left them owing us money as my partners business went into liquidation and he received no income from March 06 onwards, so mortgage payments ceased." The Child Povert Action Group is looking for test cases where people have claimed in the wrong capacity, ie. as single when it should have been joint, and vice versa. If this has happened yet there would not have been any overpayment if you had known exactly which way to claim, and if you have already had advice from an adviser and your dispute rejected by HMRC (and PJD here counts as an adviser and referring agent, so do have a chat to her!)then you can be referred to the CPAG and they may take your case on for legal action free of charge.
Can't say fairer than that, can I? But in any case, you do need to get in touch with Paula. You can't take HMRC's first word as their last word. Hang on in there, win, and then post your appreciative comments back here to let everyone know that, actually, the advice we gave you turned out sound.
Good luck. If you've been honest but misadvised/misled, then with perseverance you will win. Simple as that. But you have to stay in it to win it. There's no giving in and negotiating repayment now - unless you know in your heart of hearts that you were pulling a fast one - which I don't believe you were.
Morpheus: They are the gatekeepers, they are guarding all the doors and holding all the keys.
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foolsgoldmine
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 30/10/2008 : 17:35:55
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| I have to apologise. I didn't mean the title to read the way it has read to people. It wasn't on this forum that I was advised to ask for a stop to investigation, but something I read on another forum. I was trying to get a title that people would read and respond to, to see if I could indeed get it stopped for a while, at least until we were on steadier footings. It was more of a question and certainly not a criticsm as I wouldn't even have posted on a forum if I thought it would be worthless. I did indeed, post the original thread, a while ago, and the childcare problem was sorted out, as I got the original contract back from the childminder, but I did not send anything back to the compliance dept as I had asked for it to be stopped. THe people at the complaince are friendly and not at all intimidating, I just felt that there was nothing to hide, I do not know what exactly I was or wasn't entitled to back then, I just have my records for income, childcare, etc. and it will get sorted out either now, or later, but as we have a lot of problems at the moment, I was trying to get it to wait till later. I won't go into too much, right now, but this post was purely to stop the misunderstanding that the title seems to have provoked. Can I change it? Texting leads to this kind of misunderstanding a lot. |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 30/10/2008 : 19:35:03
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Thanks, Foolsgoldmine, for setting the record straight! I'd be gutted if I thought we'd led anyone who sought our assistance astray. I wouldn't worry about the thread heading, as people have only to read the discussion to know what was intended.
Morpheus: They are the gatekeepers, they are guarding all the doors and holding all the keys.
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foolsgoldmine
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 03/11/2008 : 11:39:14
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can you let me know how I can get in touch with Paula. I haven't been able to do anything as of yet because of half term - do I dispute or appeal? what is the difference. ALso, in terms of MPs - do you have to contact the serving MP or the if you vote for the opposition, then should I contact them?
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 03/11/2008 : 11:51:07
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quote:
Originally posted by foolsgoldmine
can you let me know how I can get in touch with Paula. I haven't been able to do anything as of yet because of half term - do I dispute or appeal? what is the difference. ALso, in terms of MPs - do you have to contact the serving MP or the if you vote for the opposition, then should I contact them?
Check you e-mail
"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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I followed forum advice and lost everything!
