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 Next step with dispute......
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Missgelfling
Rank; Hector Tax Inspector


United Kingdom
7 Posts

Posted - 29/08/2008 :  16:00:32  Show Profile Send Missgelfling a Private Message  Reply with Quote
In Nov 05 I moved in with my partner. I called WTC and told them of my change of circumstance. I had also left my job so advised them of that. Anyway, in Feb 06, I contacted WTC again to advise them that I had started a new job - I also mentioned again that I was living with my partner just because the amount I was getting seemed quite alot.
Then in May 07 I contacted them again to say I had change my name as I had just got married. The woman asked if I was living with my husband and I said yes, but she said there was nothing on the system to say we were living together. Also, I had them left my job and told her that, but again, nothing was on the system for me working for the last year!!
Since then, I had been sent letters to say I owe them £2500. I have been disputing but they insist I haven't told them. I contacted my MP and they told him that I do owe the money, that they have listened to the phone in Nov 05 and I don't say anything about living with my partner.
I have since been on this website and followed everything it suggests. I asked for my data, they sent a ton of paperwork and finally my phone calls arrived last week. It appears that the phone call in Nov 05 is not on there. Although the Feb 06 call, I heard and I most definatley say I am living with my partner.
Anyway, I have contacted Data Compliance and they have said that the Nov 05 phone call is irretrievable and suggested that WTC were covering something up.
What do I do now - WTC say I have to appeal again, but surely if this Nov 05 phonecall has mysteriously vanished and I have another call clearly stated that were living together, why on earth should I have to appeal again???
If they had done there job properly in the first place, they would have seen that I was telling the truth and I wouldn't have gone through all this stress, doubting myself that I'd actually told them! Also, I was heavily pregnant when they started with threatening phonecalls demanding my credit card details 5 days before I actually had my son.
I can prove that they are covering up and trying to fraud innocent people out of money due to their mistakes so why are they still getting away with it and why do I have to appeal again!!!???
Thanks and sorry about the rant!!

TCC Webmaster
Da Purple one



Virgin Islands (United Kingdom)
129 Posts

Posted - 29/08/2008 :  16:21:58  Show Profile  Visit TCC Webmaster's Homepage Send TCC Webmaster a Private Message  Reply with Quote
Hi Missgelfling.

You have done all of the right things so far - well done! It has been seen many times that HMRC are prepared to lie, even to MPs, in order to recover funds. This seems to include the incriminating 'phone calls vanishing.

Others will be along soon to give advice, but I would recommend writing a strong letter, sent by recorded delivery, to the TCO - asking why your telephone call from Nov 05 is missing.

You could also get your MP involved again.

Also, although it might seem like nit-picking, you are not appealing - you are disputing! There is a big difference.

We would love to hear the details about HMRC demanding your credit card details. Could you e-mail the facts to me please? These will be kept confidential, but it's important that we know exactly what kind of tricks HMRC are playing - so that we can fight them on your behalf. My e-mail address is webmaster@taxcc.org

Best of luck - and don't give in!



The original 'point & click' interface was a Smith & Wesson !!
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Missgelfling
Rank; Hector Tax Inspector



United Kingdom
7 Posts

Posted - 29/08/2008 :  16:28:39  Show Profile Send Missgelfling a Private Message  Reply with Quote
Hi thanks for the quick response, I will e-mail you details of what happened with the credit card details etc. I have wrote a letter to Data Compliance Officer with regards to missing phone call. Hopefully WTC will have to hang their heads in shame about lying to me because if this call was deleted, what were they hiding if this phonecall is the one that they kept refering to when saying I still owed them?
What upsets me the most is that I almost paid the money back because I didn't know what else to do, so they almost stole £2500 from me when I was 42 weeks pregnant!!
But coming to this website has really helped me, I can't imagine where I would be financially if I hadn't got all the advice from this website. So thank you for the help so far, really feel like I'm getting somewhere, I'm just glad I knew I was right from the beginning - I have never lied to WTC to get more money so I'm pleased that the steps I've taken have worked and proved me right!!
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TCC Webmaster
Da Purple one



Virgin Islands (United Kingdom)
129 Posts

Posted - 29/08/2008 :  16:44:54  Show Profile  Visit TCC Webmaster's Homepage Send TCC Webmaster a Private Message  Reply with Quote
Hiya again.

Just thought I'd add that, even though HMRC say that all calls are recorded, not all are. However, as an IT man myself, for Data Compliance to state that a call is irretrievable implies that the call existed - but for some reason they can't get it.

Your call from February 06 is evidence that you informed them - so why should they think that you would lie about your November 05 call?

Personally, I would fight this until the end.

Anyway - others will be along to add their input. (I am only a simple webmaster ......)



The original 'point & click' interface was a Smith & Wesson !!
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auntieh
Rank; Really should become a politician



United Kingdom
619 Posts

Posted - 29/08/2008 :  17:23:23  Show Profile Send auntieh a Private Message  Reply with Quote
Hi Miss Gelfling

Sorry to hear of your troubles. Yet another variation on the themes we have come to know so well on here.

It seems to me the crucial thing here is that HMRC says it has 'listened' to the phone call from November 05 but is now saying that it cannot be produced. This is highly suspicious. If they have the means to listen to it then they must have the means to retrieve and record it as you have requested.

Your MP needs to take this up more strongly with them and a complaint to the Information Commission is also warranted -http://www.ico.gov.uk/ If that was me I wouldn't waste any more time with HMRC's own Data Compliance Officer. Take this to the top as it is pivotal to your case.

Good Luck!!

Auntieh

"You can dress a pig in a suit but you can't stop it grunting"
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whitevanwoman
Rank; Hector Tax Inspector



United Kingdom
65 Posts

Posted - 29/08/2008 :  17:27:52  Show Profile  Visit whitevanwoman's Homepage Send whitevanwoman a Private Message  Reply with Quote
I would send copies of any further correspondence with tax credits and data compliance to your MP and ask for the data compliance office to confirm in writing to you what they have already told you about the missing phone call and send that on the MP. You could also drop hints about involving the press, who would probably love the story of a heavily pregnant woman being hounded for money by HMRC even if you have no intention of going to the press, (although this could be a last resort if all else fails, other people on the forum have done so and remained anonymous and have had their problems sorted almost immediately).
If you or I did that we could be convicted of fraud, why should they get away with it? If your MP isn't overly helpful, post on the forum as there are people here who are great at helping you make sure that your MP does what they are supposed to do. You can always remind your MP that sooner or later there will be an election...
Keep battling on, you've got so far now, that I'm fairly sure that you will eventually win. They rely on people giving up, so DON'T!!! Good luck


Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum

"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo)
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Missgelfling
Rank; Hector Tax Inspector



United Kingdom
7 Posts

Posted - 30/08/2008 :  10:51:03  Show Profile Send Missgelfling a Private Message  Reply with Quote
Hi there, auntieh, I half believe that when I started disputing this, they never even bothered to look into my case, then they saw on the system that I called to give address change etc and didn't even listen to the phone call, just used it as a reason to say that I still owe it. Either that or when I took things further, asking for my data etc, they then listened to it and heard me say I am living with my partner.
Who knows what HMRC are playing at.
When I called data compliance, I spoke to a very nice gentleman who told me that if this tape is irretrievable, I should be asking myself why, especially if I already have evidence that I told them my change of circumstance. He said that if I go to the Information Commisioner with my letters from WTC saying they listened to the tape, and then get a letter from Data Compliance confirming that the tape is missing, the Information Commisioner has the authority to shut the whole system down. Obviously it will be proof that WTC are trying to fraud people out of their money due to WTC mistakes.
This fiasco needs to be sorted out once and for all!!!
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