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Selma
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
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Slamhamster
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
 Posted - 12/03/2009 : 04:09:52
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Very good news :)
A quick search through HMRC's own website confirms (CPR PD7D) specifically does not apply to Tax Credit overpayments. Looks like we may be able to avoid being steamrollered by a certificate of debt in future.
http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm665855.htm
I wonder how this revelation will impact on people that have lost disputes in such a fashion - Presumably it opens up grounds to appeal the case for breach of HMRC guidelines? |
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TCC Webmaster
Da Purple one
Virgin Islands (United Kingdom)
129 Posts |
Posted - 12/03/2009 : 13:30:40
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Well spotted! Thanks ....
Make change happen!!
Support our 'Justice is an Amnesty' campaign on the Labour website 'LabourSpace'
Register and vote at http://www.labourspace.com/view_campaign?CampaignId=125
The original 'point & click' interface was a Smith & Wesson !! |
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PJD
Da Purple one
United Kingdom
269 Posts |
Posted - 19/03/2009 : 01:43:30
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hiya
thats pretty much the issue we discussed with LITRG when we meet them in Nov and the pro bono legal team are interested in this angle. i was very excited about it when i first saw it, and like i said the legal team are interested, but apparently its impact is still not clear cut.
it is good news in that we can challenge the use of of Certs of Debt in court cases, but this does not doesn't stop the court action its self, (starting or continuing the dispute process will manage that if you can get it done in time) and the problem here is that in most cases the legal fact is; there has been an overpayment. its whose fault that overpayment is that we want to dispute.
thats why we urge people to avoid court action at all cost and instead force HMRC to stick to the Dispute process.
cheers
PJ |
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Selma
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 20/03/2009 : 01:02:46
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Thanks for your comments.
Slamhamster - I agree. It would be interesting to find out just how many people have been taken to court without having being given the opportunity to defend their cases. I'd certainly kick up a fuss if it had happened to me, after reading this article.
PJD - I'm tired of fighting TCO. I'm sorely tempted to just let the case go to Court.
We owe £10,000 going back to 2003-4 and 2004-5.
We were first accused of not informing TCO that my partner had returned to work - until we produced a copy CD from Data Protection with a telephone recording dated July 2003, on which my partner can clearly be heard stating he was concerned he was being overpaid, that he had returned to work and expected to earn approx. £25k that year, together with a clear recording of the soothing voice in reply from the tax adviser telling us not to worry and that the payments seemed right.
Despite this, TCO are not happy and now accuse us of not informing them that we were no longer in receipt of pension credits. Considering we weren't old enough to claim a state pension, let alone pension credits, doesn't even occur to them!
I'm quite warming to the idea of going to Court, stating my case, pointing out their ludicrous accusations and most of all, blasting out my CD in stereo all around the courtroom.
To my knowledge, no-one as yet has challenged TCO in court and it's about time - and they had just better let me have my say!
It's a case I'd surely win, wouldn't I? |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 20/03/2009 : 01:08:47
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Hi Selma
Please read this from our main site: http://www.taxcc.org/Dispute_Innocent.html
I'm sorry to pee on your bonfire!
"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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Selma
Rank; Hector Tax Inspector
United Kingdom
3 Posts |
Posted - 20/03/2009 : 23:08:59
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Alan, I have read this cautionary tale before which is why I posted the link in my first message.
This suggests that some Courts aren't following the correct procedure and are wrongly lumping tax credits in the same category as other forms of tax debt.
It suggests that tax credit cases should be subject to the Court's normal tracking system whereby "claimants will have an opportunity to challenge aspects of HMRC's case that they believe are wrong".
If I did go to Court, then I would make sure the case was subject to the Court's normal tracking system. |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 21/03/2009 : 02:41:31
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Ok Selma - I agree with what you believe should happen, I was just concerned that you may have been unaware of what has really happened to at least one victim.
I just hope that you do have the chance to make sure that the case is subject to the Court's normal tracking system.
Good Luck.
"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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County Court Cases
