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TaraWara
Rank; Hector Tax Inspector
2 Posts |
 Posted - 05/02/2009 : 22:34:31
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My sister has just received an appeal decision letter from the inland revenue stating that because she did not confirm her claim in time for the deadline for the 07-08 year that she has to pay it all back - £7,079!
She has already appealed in writing explaining that she telephoned in early July 08 to confirm the claim and also tell them that she was no longer working but they say that they have no evidence of this and the decision stands and she has to pay back all the money. Will they start taking the money out of her current claim? she is a single mother of three living on income support.
She made several calls to them in July 08 before the deadline and she remembers asking the lady on the telephone whether she had to post the form in to confirm, but the lady told her there was no need as it was all sorted over the telephone.
The CAB was not a lot of help but she has made an appointment to go through it with them. They said that the inland revenue hide behind a lot of bureaucracy and that she may not be able to prove her case.
She is trying to find the telephone bill to show as a record opf the calls made.
Is there anything my sister can do to prove that she did complete the claim form over the telephone?
Is there anything that can be done now she has already appealed once?
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Edited by - TaraWara on 06/02/2009 14:09:52 |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 05/02/2009 : 22:55:37
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Hi Tara & welcome !
Please see our webmaster's reply to another new member here;http://familytaxcredit.forumco.com/topic.asp?TOPIC_ID=1408#10755
That will do for starters.
"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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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 06/02/2009 : 07:51:55
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Hi TaraWara, this sounds to me very much like a Renewal Form problem leading to an Anulled Award. You could take a look at the thread I have posted a link for below, as (this being a very common problem) I devised a letter claimants could send to flag up the injustices of wiping out and recovering the whole award just because HMRC claims not to have received a specific form. It's here:
http://familytaxcredit.forumco.com/topic.asp?TOPIC_ID=1288#10354
Your sister needs to write to HMRC telling them that she is going to send more evidence proving why she should not have to repay this alleged overpayment, but that in order to prove the history of her claim to them, she is going to wait until HMRC has sent her all the documents and call records relating to her claim, as is her right under Freedom of Information and Data Protection laws. She needs to ask HMRC to take this letter as authority to send out within the permitted 40 days all information held on her claim, as she intends to quote this as evidence of her full honesty and compliance and that she has met all her responsibilities as set out in the COP26, evidencing where HMRC has failed to meet its own. She needs to ask for recovery of the alleged debt to be suspended whilst she completes the full dispute process, and insist on confirmation that no further threats or demands will be sent, to be confirmed in writing. Then 'CC' this both to Paula Dean at TAX CREDIT CASUALTIES and your local MP (she - and you - can then send a covering note to her/him asking for their support and also asking for your MP to support a safer, fairer tax credit system and our "Justic is an Amnesty" campaign), and Bob's your uncle, Sally's your aunt. Job done. Brown's Heavy Mob Recovery Criminals (also known as HMRC) are off her back for a few months whilst they get their act together with her data.
Good luck! Please note that I'm a lay person and ex-victim rather than any kind of Welfare Benefits Advisor, so this is offered in goodwill rather than as an expert, but I am sure you can make up your own mind too how to proceed, and there is, as well as the usually very helpful CAB, also the Low Incomes Tax Reform Group you can turn to. Also the clued-up folk here!
More (lay) advice can be found at www.taxCC.org . Best of luck! Now go and win your (sister's)case!
(Don't despair if the call your sister needs isn't given right away. This is commonplace. Just don't let on to them at this stage exactly what call you are specifically after, or they will be primed to 'lose' or withhold it. There are things we can try if they don't produce all the calls, but for me what worked was just to keep badgering them until I got a disk with about twelve on rather than the original four. Even then, one was missing, but by then I had had my write-off. The key here is just to persevere.)
Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.
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HELP!!! Demand whole year Tax Credits back £7079!!
