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 Over pay reclaim threatened court action
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sjl3273
Rank; Hector Tax Inspector


United Kingdom
1 Posts

Posted - 26/11/2008 :  16:35:47  Show Profile Send sjl3273 a Private Message  Reply with Quote
Today I received a threatening letter from HM Revenue threatening court action if I do not pay in full the 4,400 I am alleged to owe them. I have disputed the amount and the manner in which it was calculated and the arbitrary way in which the victims are selected for repayment. I am retired and my wife has a part time small job, my saving are frugal and I am unable to lay my hands on that kind of money. What is the experience of the forum and can anyone offer any positive advice.

ATCS
Rank; Hector Tax Inspector



22 Posts

Posted - 26/11/2008 :  19:57:20  Show Profile Send ATCS a Private Message  Reply with Quote
Hi sjl3273

You dont say whether your MP is involved, my advice would be to he or she involved asap. In the mean time others who have a much greater knowledge than I should be along be then. Good luck
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samthe
Rank; Private Primate



188 Posts

Posted - 26/11/2008 :  21:18:36  Show Profile Send samthe a Private Message  Reply with Quote
You don't say what you have done so far. I suggest you go to www.taxcc.org & click on the "How to Dispute" box. You can then click on a link at the top about emergency action if Court is threatened, & also look at details of the various dispute stages. If you haven't already done it, get a SAR request off straight away so you can get a CD of all calls & all the paperwork.

If you already have a live unresolved dispute they should not start Court action. The letters you have had about this come from their Debt Management arm & not from the Tax Credit Office. If there is currently an unresolved dispute, talk to the Debt Management people, tell them about it & they should mark your records so you are not chased till the dispute is settled.

If there is not a dispute at present, send a letter to Tax Credit Office (recorded delivery, keep a copy)starting one off. You can do this even if you have already had what is supposed to be a refusal letter closing your complaint. You can say you are waiting for the SAR information to provide more details. Once they have the letter they should log the dispute & this should stop the Court (or any other) recovery action. But you may need to tell the Debt Management people in order to make sure this happens.

You say you have complained about the arbitrary way victims are selected for repayment. Can I suggest it would be best to concentrate your fire on your own case rather than broadening out to a general assault which - however justified you may feel it to be - is not really going to help you.
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Ali M-W
Da Tech(y ones)



3296 Posts

Posted - 27/11/2008 :  08:16:57  Show Profile  Visit Ali M-W's Homepage Send Ali M-W a Private Message  Reply with Quote
Hi sjl3273 - do follow, as Samthe says, the advice and suggestions in the free DISPUTE pack at www.taxCC.org

Samthe suggests sticking to your own case for the dispute, which does ensure you keep a good focus on the strengths of your case - and do come back and discuss anything you need to know here. However, there's nothing to stop you also COMPLAINING and CAMPAIGNING. Only by raising people's awareness of the outrages and injustices perpetrated under the tax credit 'system' will anything ever get changed. Disputes are up now (see http://www.theyworkforyou.com/wrans/?id=2008-10-13b.225736.h&s=tax+credits ) and this has to be because people are aware they CAN dispute, and they only get to know this if people share their knowledge and sources of help are widely known about.

Tax Credit Casualties started with one angry person - Paula Dean - and then a group of three people who weren't going to be walked all over. A few years and much complaining and campaigning later, we've twice been to Westminster, have nearly 67,000 unique website visits since counting began, and have had considerable media coverage, including the Sunday Times, Times, Mirror, Sun and Mail. We've lobbied and met various MPs, and our supporters include Jon Cruddas (Labour), George Osborne (Conservative Shadow Chancellor), and David Laws (Lib Dem) among many others. Paula (aka PJ) has been many times nominated for awards but has now won a Community Achievement Award. Disputes to the Tax Credit Office have reached an all time high. But there is a long way to go.

We now have top lawyers!!! I am secrecy-sworn but this augors well for an eventual end to victims being trampled over ad infinitum. So this is why it is SO,SO important that this is YOUR campaign, as well as OUR campaign. After years of battle I got my own dreadful 'catalogue of errors' case written off. Why am I, and people like Alan, still here? Because a write-off without apology or above all change is only of benefit to one family. One family when it could be millions of families.

We have to spread the word. Please focus on and prioritise your case for your own peace of mind and sanity, but when you can sleep easy at night, do come back to us and help us fight the wider issues.

I like to support the underdog, but sometimes the underdog becomes top dog and I have faith that I am part of a WINNING team!

How can you help? Spread the word! Write to your MP. If you look under the thread 'Supportive MPs' you'll see some letters setting out why an Amnesty is called for. Yes, they're long and I'm sure you could do better, but hopefully they can be a starting point for you. As you can see, there is an argument for every party to get this right. Votes already ride on this, but as the injustices we face become better known, more and more votes will.

Your MP can not only support you in your own case, but can get to hear of the problems we all face, and eventually the sheer weight of constituent problems will force their hand.

Do consider going to the Press. This hastens justice. HMRC hate a scandal story. If they get wind of a juicy story breaking, they have been known to intercept and write everything off. People I am in contact with have had this happen to them!

To post here, it's my guess you may also visit other forums. If you do, please spread the word. Everyone knows someone affected.

At www.taxCC.org there is a 'how to campaign' page. I am not telling you how to suck eggs, but sometimes people aren't sure how they can help. Most people here can campaign from their computer chair!

For case advice you'd best go to Paula Dean (she's busy and won't be able to respond by return but does get back to you pretty promptly), but any of the Core Members are good for Campaign stuff. You're welcome to drop me a line at Ali@taxcc.org (which I hope is right from memory) if you'd like to get more involved.

There's no pressure - although many members do think the value of the advice and support given warrants something in return, even just putting a poster up, signing our petition and telling friends and family about us - but I hope you'll agree that justice for all is a worthier goal for justice for me and you and him!

Thanks for getting in touch. Now go out and win!

All you need to win is:

To have not acted fraudulently and to have only what you believed was right - even if misinformed.
To believe you can win this.
To be able to live with the uncertainty of this dragging on a bit.
To not be easily bullied when immediately and recurrently ordered to pay it back or else.
To not give in.
To complain about any further mistreatment or 'service' deficits.
To draw others in to support you: CAB, LITRG, MP, papers and Tax Credit Casualties.
Be prepared for anything!
Do not pay a penny (more) back until the entire process has been worked through.

Stick to all of these, and a tenner says you will win!!

Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.

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