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Spartacus
Rank; Hector Tax Inspector
1 Posts |
 Posted - 12/12/2008 : 12:24:33
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 Hello everyone,
This is my first post and what a fantastic site this is.
I work with people who are experiencing mental illness.
Having read some of the stuff on this site, I think me and the person I'm supporting, are about to enter a long and painful journey with the HMRC.
The overpayment is 4 years old and HMRC have just told us it exists and they want it back!!
We've already started talking to them and got the run around and a different story from them each time we've phoned'
We spent about three and half hours yesterday ringing them and trying to sort it out. Seems like the o/payment was paid to the employer (they used to be paid straight to employer) after the claimant left the job. Straight forward you think, HMRC just contact the old employer and demand it back - NO CHANCE. HMRC told us the claimant has to do all the donkey work to prove that they have not had the money!
They would not tell us who they paid the nine months of payments to even though they have the details in front of them. Just said if you have not had the money you must prove it. Even when I gave the employers name and address they would not confirm that they had paid it to them. On my third call to them (3 different HMRC staff) that morning I managed to tease it out of them that they had paid it to the employer after claimant left, and they gave me the employers details. So why was the first person so secretive and unwilling? I guess the third persons admission was probably more through incompetence than helpfulness! Remember I'm working with people who are mentally unwell here!!
We contacted the old employer, they said they'd not had the money because after the the claimant left their employment they would have closed everything down so they would not have requested any more payments from HMRC (Employer said they used to pay the tax credit entitlement to the employee then claim it back from HMRC) like I said, employer told us that they would/could not have paid anything to employee after employee left so would not have claimed anything from HMRC!
Claimant left the job in Jan 05, HMRC said WTC payments were made april 05 until dec 05. Why would payments have started again in april 05 if claimant left job in jan 05 and did not make a new claim or anything? Claimant did start new job, in another town, and was working between april 05 and dec 05 but did not make a claim for tax credits!
At the time, claimant did let HMRC know about leaving job in Jan but did not receive any acknowledgment. Then moved address several times hence why HMRC say they've just caught-up with them and billed them for the o/payment. They say the did not receive any notification, at any time, that the claimant had left the job.
Claimant sent in the first TC dispute form and that was turned down (no surprise) Next form will go in with some new info. We've also requested a breakdown of the overpayment (told this will take 10-12 weeks)Also going to request record of phone calls through SARN.
After seeing what it's doing to my client who is already unwell I feel I have to have a real go at this to try and get a positive outcome for her. This site has inspired me to keep on pushing them.
I'll keep you posted - all comments welcome
PS. Did you know that last year(07) The HMRC won an award at the Citizens Advice Conference.....For being the worst organization for CAB advisers to deal with! And they had some stiff competition too.
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 12/12/2008 : 17:10:06
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Hi Spartacus and welcome!
It looks like yo've got a good understanding of what we mere mortals are up against in our dealings with the incompetent lying shysters that we all know as HMRC!
I think if I were in your position I'd be going in with all guns blazing and involving my MP, the media Gordon Brown, Alastair Darling & Jane Kennedy without any more messing about with the muppets on the "Help Line"
Tell your MP to get onto this and tell him that you will be contacting the media and you'll be pointing them in his direction for them to ask him for a comment or two.
No nurse, I said "Are my test results back?" NOT "Are my testicles black?" .. but thanks anyway!! |
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samthe
Rank; Private Primate
188 Posts |
Posted - 12/12/2008 : 20:47:03
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When you do the SARN make sure you ask for all the paperwork and screen prints as well as the CD of calls. It may not come complete but it can be extremely helpful.
I assume the employer can write to you to confirm the date your client left them, and that they made no further payments to your client after that. If I remember correctly, the amount of WTC paid by the employer should have been on the P45. The client won't still have it, as her new employer would have wanted it, but you could ask the employer who made the payments if they still have records and can quote the amount they paid. I would have thought that TCO would have great difficulty pursuing this if you can give them a letter setting all this out.
It still leaves the issue of where did the money go? TCO say it went to the employer; the employer says it didn't. Maybe TCOs records are just wrong & the payment was never made. If not, the employer must be wrong. (Incidentally, I had thought TCO paid employers automatically without them having to claim.) However, if you can get some proof that TCO accept, this issue does not need to affect your client. |
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Mental illness and overpayment
