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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
 Posted - 29/11/2007 : 18:35:47
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Resurgam
Fantastic letter. I promise to look for the legislation tonight.
Keep up the hard work. By us showing how incompetent the HMRC department are as a whole will only strengthen our mission.
Splashin |
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Resurgam
Da Purple one
United Kingdom
144 Posts |
Posted - 29/11/2007 : 19:18:58
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Thanks, Splashin.
I still haven't sent in my new TC846 yet though. Unsure what to do now that I've received my SAR info. There's lots of it - I've got to split it into the three seperate claims, then have a deep look into the questionable one.
Have noticed a few things already, though. Got to timeline everything - that's the weekend out of the window! |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 29/11/2007 : 21:40:39
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http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/dp_how_to_complain_final.pdf
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/dealing_with_subject_access_requests_involving_other_peoples_information.pdf
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf
Also found this little bit which I find very interesting. Should HMRC want to not send any requested documentation, then they can refuse to but must give reasons why to the Tribunal Service.
Confidentiality
Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004).
If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Ministry.
 
Splashin |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 29/11/2007 : 23:39:30
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quote:
Originally posted by Resurgam
Thanks, Splashin.
I still haven't sent in my new TC846 yet though. Unsure what to do now that I've received my SAR info. There's lots of it - I've got to split it into the three separate claims, then have a deep look into the questionable one.
Have noticed a few things already, though. Got to time line everything - that's the weekend out of the window!
Hi Resurgam
Now you have started to get the SAR documents, (which will probably come in job lots) the easiest way to work with this type of vast information is to firstly number each page, then list them with page heading eg. Account Summary, the tax year it relates too and a brief description of the contents, eg. shows App1 correct Income, App2 correct Income, page number and the date posted. Then file in Lever Arch. Any new documents that you may get can then just be added to the next number and so on. The list I find helps you whittle out the diamonds from the SAR mountain.
Pay attention to any changes in app1 to app2 moving position's. But don't start to try and find discrepancies before you list them, you will end up even more muddled. A lot of the time after I have listed SAR documents, I can usually see faults staring right at me from this list alone.
If you need any help please don't hesitate to ask.
Splashin
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Resurgam
Da Purple one
United Kingdom
144 Posts |
Posted - 30/11/2007 : 02:57:20
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Thanks Splashin.
On my "quick" look through when they arrived, I've alread seen that they swapped App1 & App2.
Also, at some point, we are both given my ex-wifes NINO on some sheets, while on others they are both correct.
I'll get the list done! |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 02/12/2007 : 00:43:48
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Resurgam
How are you doing with the SAR docs?
It is very hard to not start looking back at other documents, there and then whilst listing, but please try to refrain from doing this until the list is complete, you will save much more time.
When you have done the index and page number list for example:
p1 Award Notice 04/05
p2 Award Summary 05/06
Keep the page/index page quite brief.
Then begin to list each page in as much detail as possible example:
p1 Award Notice 06/04/2004 - 05/04/2005 (Award Version 3)
Version Dated 06/08/2005
App1(initials) - App2(initials)
Income shown at £29000.00 (App1 18500.00 / App2 10500.00)
Amount Awarded - £545.47
Good Luck
Splashin |
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Resurgam
Da Purple one
United Kingdom
144 Posts |
Posted - 10/03/2008 : 17:33:30
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Hi everyone.
I didn't realise that so much time had passed since my last posting! Just to briefly bring you up to date:
1. After much waiting, I wrote to the TCO again stating that information was missing from my SARN documents. I have had three claims with them - the first one being the disputed overpayment claim - and the SARN info was complete for the other two claims. I was not sent any copies of telephone calls from my ex-wife, and (suprise, suprise) no copies of application forms or annual returns for the disputed claim. It seems, yet again, strange that the only information missing was from the disputed claim.
2. I received a reply from the Data Protection Unit 3 weeks later (dated from before I had sent the complaint!), stating that they could only supply me with copies of her calls upon receipt of an authorisation form signed by her. Well, that's just not possible is it!!
3. They totally ignored the fact that I had also asked for copies of all forms concerning that claim.
4. Once again very strange - but in the same post, I received another letter from the TCO. This one stated that they were sorry that they hadn't answered my letter (from 22 October) by their promised deadline of 20 December, and that they had requested copies of my calls so that they could make a decision about my dispute. However, due to recent security restrictions the request for the calls is taking longer than usual ... (I wondered if that was a joke !!)
My thinking is that they should supply me with all calls, including those made by my ex-wife, up to the time that we seperated. I also find it hard to believe that data is only missing from the disputed claim - and this seems to happen to victims much too often.
Surely, if they want to play the "Can't supply this because of the Data Protection act" game in this way - it brings into question the whole legality of joint claims in the way that they are currently done. The phrase "cake and eat it" comes to mind.
Please will somebody win the effin lottery and take this whole system to the cleaners with a Judicial Review! HMRC wouldn't stand a chance ...
I will be writing to the TCO again soon, about all this - just waiting for PJ's views on those two letters .....
That's all for now folks. |
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Resurgam
Da Purple one
United Kingdom
144 Posts |
Posted - 29/04/2008 : 22:28:20
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Just to bring you all up to date, I sent off another letter to 2nd Tier Complaints regarding their refusal to give me all the data over a month ago. I haven't had any replies from them yet.
I will shortly be writing another four letters - another complaint (about my complaints not being dealt with), one to the Information Commissioner, one to the Chancellor and one to my MP.
I don't have anything they could take from me, so they can do their worst. 
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 30/04/2008 : 21:48:28
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Alan will be pleased to hear you say, you are complaining about the complaint.
Keep up the good work.
Splashin |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 30/04/2008 : 22:00:19
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quote:
Originally posted by splashin
Alan will be pleased to hear you say, you are complaining about the complaint.
Keep up the good work.
Splashin
I'm delighted Bonny Lass!! 
Apathy rules OK - so why do I bother? |
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Resurgam
Da Purple one
United Kingdom
144 Posts |
Posted - 22/07/2008 : 17:14:45
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I’ve finally got off my backside (after being in the pits for months) and written to the ICO about HMRC. Below is the basis of my complaint, sent with supporting documentation. The outcome of this is very important – if HMRC can withhold data from a joint claim, how the heck can they hold couples jointly and severally responsible? Got to be something legal and/or human rights-ish there!
They should respond within 40 days:
To the ICO ...
I am complaining about two things:
1. HMRC are wrongly withholding data to which I am entitled, possibly because it would be incriminating toward themselves.
2. HMRC are taking insufficient care to ensure that sensitive data is sent by more secure methods of transit, even though they have been informed of security breaches.
SUMMARY
In October 2007, I submitted a Subject Access Request to HMRC. The reason behind this was so that I could have access to information that would enable me to defend myself against a Tax Credit overpayment decision relating to a joint award in favour of both myself and my former wife.
At the end of November 2007, I received the majority of the information requested. However, the package had been intercepted and opened at some point in transit. It was sent by second class post, and it was clear from the return address on the package that it was from the Data Compliance Office. I wrote a complaint letter, and subsequently received a response from Richard Summersgill. I believe this response does not sufficiently address the Data Protection issues raised.
Numerous vital documents were missing from my SAR information, along with all recordings of telephone conversations made by my ex-wife to HMRC. I waited patiently for the missing information to be supplied, but it never was.
On 6 February 2008, I wrote to the Data Compliance Officer requesting the missing information, and received a reply dated 29 February, (although this letter was incorrectly dated 29 January, but makes reference to my letter dated 6 February 2008, so could not have been sent on 29 January).
The reply informed me that I needed my former wife’s authorisation before the recorded telephone conversations could be supplied, and made no mention whatsoever of the other vital information that I had requested - copies of forms, etc.
I then submitted a complaint to the Tax Credit Office, stating that the information I had requested was about a joint award, for which HMRC hold myself and my former wife jointly and severally responsible, and therefore the decision to withhold data was ludicrous.
I have had no response from HMRC, and have therefore decided to contact the Information Commissioners Office.It seems strange that HMRC are withholding the most important and vital data - without which it is impossible for me to defend myself against them.
 Let's see what happens
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Help! Got Until 29 October.
