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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
 Posted - 30/12/2007 : 10:24:47
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Hi all. I'm new and feeling a bit more hopeful now I know just how many others there are in my families position. I received a letter last october out of the blue telling me I owed the tax credits people £2400 and had 5 days to repay it. I immediately freaked out and phoned them. They advised me that it was for 2003/04. I appealed as I had a registered chilminder at the time and am certain that I was entitled to that money. They sent me another letter demanding money and said they never received the appeal. I appealed again and they told my husband that the reason we had to repay was because the system showed that we did not have a child!! They stated that it was obviously a mistake and that we did not need to repay. However we received nothing in writing and every time we ring no one seems to know anything! A year later just about a week ago we received yet another letter telling us that we did not fill in the correct form in 2004 and so we have to repay all the money even though we were entitled to it. They also stated we have no right to appeal this. They change the goalposts at every turn, deny receiving things and tell you something different every time you speak to them. I am so frustrated and demoralised.
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Robert
Da Purple one
United Kingdom
827 Posts |
Posted - 30/12/2007 : 12:10:31
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Hi franners...
You are right about the HMRC.. i dont think they know what they are doing, most of the time..your request sounds like the illegal recovery type..and yes you do have the right to appeal against their decision..click on the home link at the top of the forum,it will take you to our other site, and will give you the tools, you need. to dispute this alleged overpayment..dont be bullied into paying..while you are in dispute no recovery action should take place..
Also get a SARN request going.. you will find how to do this, on the home page as well..get your MP involved, local papers..national papers..any kind of publicity you like..HMRC dont like publicity..although they have had plenty in recent months..
There will be others along to give more advice
The truth is out there.. GO get it......Non Illigitamus Carborundum
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 30/12/2007 : 17:39:58
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Franers
WELCOME
Firstly, Do you both work? How many children do you have? Have you still got details of child minder?? Have you always completed end of year declarations?? Is anyone registered as disabled in the household?
Splashin |
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 01/01/2008 : 10:37:13
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| Thanks for the replies!Yes we do both work. I had on echild at the time but now have two. I no longer use a childminder so now receive the basic child tax credit. I never received WT credit as I earned too much.I have the details of the childminder and she told me she keeps all her paperwork so it will all be recorded. I will follow the process and hopefully it will result in at the very least a delay in them getting this money which I don't believe I owe them. |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 02/01/2008 : 07:41:10
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Welcome franners, and don't be demoralised. Get your dispute underway and don't be disheartened by the inevitable 'it's your fault, so pay up!' response which everyone gets first time. The Low Incomes Tax Reform Group has noted that persistence and a good argument is key. Bullies always go for the soft options, unfortunately. Quite possibly you'll have to get your so called overpayment chiselled away bit by bit rather than wiped off in one fell swoop, but believe me, every minor success and unjust refusal will motivate you to seeing this thing through and getting justice. It is well worth everyone who is struggling to understand what they could possibly have done wrong to CHALLENGE, COMPLAIN and DISPUTE. Do chase some publicity, too. If your local paper will cover your case, and if you mention our campaign, website and forum, the message will get to more people. And believe me, every victim already knows another one. I only have two sisters, and one of them has also been sent a huge bill. Write to your MP, and if you have family members in another constituency who are horrified at what's happened to you, urge them to write to their MP too. When you write, highlight our campaign to the MP, please, and ask that they pass it on to other constituents for the peer support. I know Lib Dems and Tories will - Nu Labour may be another matter, but we can but try. In time, MPs will get to realise that this is an election winning/losing issue and lobby their senior members to make proper reforms (or a policy statement). This is winnable for all of us, but collective action is what we need.
Oracle: What do all men with power want? More power.
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 03/01/2008 : 10:24:06
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| Thanks for the advice and information. I have already gone through stage one of the dispute process and so am now onto stage two but feeling a lot better about things. My sister in law has just received a request from the tax credits office to repay £2800 also from 2003/04. It seems like more people than not have been affected. I wish I'd known just how bad the situation was before it would have saved me a lot of tears!!! |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 04/01/2008 : 00:02:59
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Franners
You defo need to ge a SAR request sent asap. Here you will be able to find where the problems are within the histories of your tax credit claim.
Payments for Child Care are linked to the hours worked history on the Tax Credit system, should these be deleted then your claim will show an overpayment. You can still claim for child care even if you don't get working tax credit. This doesn't always mean you will qualify for any payments, as all Tax Credits are base on your Household Income, the higher this goes the less Tax Credits you get. Have you tried to gt an explanation over the telephone as to why the overpayment occurred??
   
Splashin |
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 07/01/2008 : 09:22:57
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| I have indeed and it changes every time! Twice I have been told that it was their mistake and to forget about it over the phone. Now they are saying they didn't receive a renewalform so I have to pay the whole amount back. I spoke to them in August 2004 and they never told me they had not received a form!! |
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Sarah
Rank; Captain Gordon
247 Posts |
Posted - 07/01/2008 : 22:20:53
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Hi Franners,
Looks like you've got some advise on your case, but I noticed mention of your sister. I think there is something on the main website about HMRC having a time limit to ask for money back - a limit that's less then your sister's case. If you can't find anything post again and I'll try to dig it out of my files/emails. |
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 03/02/2008 : 16:54:31
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Hello
Just to update you all. I'm now in tier 2. The overpayments rejected my claim and implied that they had stopped the money which is so annoying as it is untrue (I rang them to cancel my award when I no longer had a childminder). They also said that they have waited 3 years as I stopped claiming tax credits after I no longer had a childminder. I find it hard to believ that HMRC can't demand the money back whether I'm receiving credits or not! After all plenty of people have taken out loans to pay back money to them.The implication was that I was dishonest which made me furious! I phoned them and stated that I am still in dispute and they seemed unsuprised! I have contacted my MP and he has sent them a letter too so at least I have some support in that area. My sister in law has agreed to pay them back as they turned up at her house and unlike me she doesn't seem that motivated to argue her case. The most annoying thing is that they did not answer or explain anything I asked them in my letter. They just sent me this robot speak reply that is full of jargon and makes no sense when read with my letter. Anyway on with the fight and I'll keep you all posted. Thanks for all help and advice! |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 03/02/2008 : 17:34:23
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Franners;
Have you sent a SAR request to them and if so have they sent you copies of all your records - including those of your telephone conversations with them?
This is the starting point!
Geordie: "Alreet, de ye fancy a Broon?"
English: "Hello, fancy coming for a drink?" |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 03/02/2008 : 18:49:39
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Hi Franners. This is the bit which makes it sound entirely reasonable for you to have thought all was well with your award:
"Twice I have been told that it was their mistake and to forget about it over the phone."
Although HMRC are abandoning the 'reasonableness' test, I understand those of us already in dispute are still being judged on that.
Do get your SARN papers. To a trained eye, they should reveal a lot. In fact, even I was able to spot multiple HMRC errors from them!
It's also not too late for yoir sister to change her mind and join us! To be bullied into paying is not to have had fair treatment and to have to pay.
The more who challenge, the more HMRC and our rulers will see that the system is unjust and we're not settling for this organisational abuse - which is clearly what it is.
And everyone knows someone else affected - so bring them in!!
Good luck, Franners!
Morpheus: The Matrix is everywhere. It is…the world that has been pulled over your eyes to blind you from the truth.
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 04/02/2008 : 13:51:11
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| My SAR request is in the post(recorded delivery!) so I shall wait and see what it says when it turns up! Will keep you posted! |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 04/02/2008 : 14:24:13
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Well done Franners!
Please let us know when you receive all your SAR stuff how it was delivered. I think all of us so far have received it in a big brown envelope clearly marked that it comes from the HMRC SAR Unit by ordinary post!!
I personally believe this to be an absolute disgrace as it puts all our personal details at risk. It should - at the very least - be sent to us by Recorded Delivery or Registered Post and I'm in the process of discussing this with my MP.
Remember to keep a record with receipts if possible of all your costs for postage, stationery, printer ink, telephone calls & travelling expenses that you incur during your dispute. I read somewhere that you are entitled to reclaim these from HMRC when you have won your case!
Geordie: "Alreet, de ye fancy a Broon?"
English: "Hello, fancy coming for a drink?" |
Edited by - Alan the Geordie on 04/02/2008 14:27:02 |
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mattydj
Rank; Hector Tax Inspector
United Kingdom
20 Posts |
Posted - 05/02/2008 : 22:43:14
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Somethig must have happened, because our SAR request response turned up in a Jiffy Bag sent by Royal Mail Special Delivery!
Must have cost a few quid, it weighs a ton!! |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 06/02/2008 : 01:02:32
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>> Somethig must have happened, because our SAR request response turned up in a Jiffy Bag sent by Royal Mail Special Delivery!>>
Now that's an improvement!
Geordie: "Alreet, de ye fancy a Broon?"
English: "Hello, fancy coming for a drink?" |
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 15/02/2008 : 13:02:21
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| Hello all! Just to let you know I received a letter from the debt recovery team stating that I have ten days to pay up or they will commence court proceedings. I phoned the overpayments team who basically said "it's not our problem anymore". So I phone the debt recovery people who are sending me yet another form which I will fill in when I have my SAR paperwork!! I've kept all my recorded delivery stuff and have written down times and dates of calls etc! The row goes on! |
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so demoralised
