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vickihelena
Rank; Hector Tax Inspector
United Kingdom
2 Posts |
 Posted - 14/10/2009 : 14:27:31
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I applied for tax credit in 2002 when I split with my husband and got a house on my own. I recieved a letter in sept 2004 to inform me that me claim for tax credit would not be renewed, as i had planned to move in with a new partner in Nov 2004. I didn't dispute this as I just assumed that with 2 incomes I would not be entitled to any tax credits. in Sept 2007, HMRC sent a letter to my ex-husbands address stating I had been overpaid tax credits as I had not filled in a renewal for tax credits. This has been ongoing to the present day, I maintain that i never recieved a renewal pack and if i had would have completed it, i have since given them evidence to suggest that they changed my address without my knowledge, back to my ex-husbands addrsss(of all people)they contradict themselves in every reply I get and keep saying that I have produced no new evidence, which i feel I have, I have not lived with my ex-husband since 2002, why would I change my address back to the marital home, there is just no way.
Anyway i have also argued that I have never claimed tax credits since 2004, when in fact I was entitled to the minimum of aprox £44.00 per month, no reply to this query. Can I request copies of my case file (i.e copies of phone calls & paperwork from that time????) and does anyone know if I have a chance of winning this case??
many thanks,
vicki
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TCC Webmaster
Da Purple one
Virgin Islands (United Kingdom)
129 Posts |
Posted - 14/10/2009 : 22:18:25
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Hi vickihelena,
First of all, to stop you getting e-mails from every nutter on the web,  I've changed your login name to 'vickihelena' from the e-mail address that you had put in there. (so use 'vickihelena' and your original password to log in). Hope you don't mind ....
Yes, you can get copies of your 'case file' and 'phone calls - go to http://www.taxcc.org/Dispute_1st_things_1st.html and have a read. Dispute Step 2 is where you claim your data, but you may be interested in the other information that's available in that section, too.
As well as submitting your SAR request, I would advise you to write a letter to the Tax Credit Office COMPLAINING that they have breached your data security by sending sensitive personal details to your ex-marital home - and what do they intend to do about it?
Also complain to the Information Commissioners Office (see http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/dp_how_to_complain_final.pdf and http://www.ico.gov.uk/complaints/data_protection.aspx), about the same thing. The ICO take a LONG time to get around to anything, but your complaint will be registered.
As to whether you will win, or not .... well, the system is bent as a nine-bob note. Everyone, including the Adjudicator and the Parliamentary Ombudsman, seems to go by HMRC's rules - and there doesn't seem to be any real INDEPENDENT dispute process (which is a breach of your Human Rights).
Hopefully, that will make you more determined than ever to keep on trying. If you get dejected, remember that you're amongst friends here.
Give 'em hell!!
The original 'point & click' interface was a Smith & Wesson !! |
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vickihelena
Rank; Hector Tax Inspector
United Kingdom
2 Posts |
Posted - 15/10/2009 : 12:29:39
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| thank you thats really helpfull, will go all the way with this as I've read so many stories where people have been bullied and felt like they had no option but to just roll over and accept what HMRC had told them. They sent the debt collector to my house one day, I think this was an intimidation tactic, sadly for them it didn't work, but I'm sure for many other people, this would have been as scary as hell!! thanks again. |
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ongoing overpayment dispute
